Owner Finance a Home

There are many benefits to an owner financing deal when purchasing a home. Both the buyer and seller can take advantage of the deal. But there is a specific process to owner financing, along with important factors to consider. You should begin by hiring people who can help you, such as an appraiser, Residential Mortgage Loan Originator, and lawyer.

Steps

Hiring People to Help You

  1. Hire an appraiser. Both the buyer and the seller should hire their own appraiser to determine the value of the house.[1] The seller receives an appraisal in order to select a price for the home, and the buyer gets an appraisal to confirm that the selling price is fair. You can find an appraiser in the following ways:
    • look in the Yellow Pages
    • ask for a referral from a mortgage company, bank, or realtor
    • contact your state’s licensing agency
  2. Partner with a Residential Mortgage Loan Originator (RMLO). A Residential Mortgage Loan Originator provides both the seller and lender with information so that they can make an educated lending decision. In this way, they can limit future disagreements by making the transaction as transparent as possible. The RMLO can help prepare a Safe Act and Dodd Frank Act compliant loan package in conjunction with the title company or closing attorney.
    • Make sure your RMLO is properly licensed by your state. Check with your state’s Department of Business Oversight or equivalent state office to check.[2]
  3. Hire a real estate attorney. Both parties should work closely with a real estate attorney.[3] A real estate attorney can draft all of the necessary paperwork. The attorney can also protect your interests. For example, the buyer can include a protection clause just in case the property has to be sold in response to a life changing event, job relocation or loss, divorce or death.

Preparing for the Sale

  1. Get approval if you still have a mortgage. Owner financed sales work best when the owner has title free and clear or the owner can pay off the mortgage with the buyer’s down payment. However, if the seller still has a large mortgage, they need to get their lender’s approval.[1]
    • Check whether you can pay off the mortgage with the buyer’s down payment. If not, then contact your mortgage company and discuss that you want to sell the house.
  2. Consider performing background checks to control risk. Both the seller and buyer should perform background checks on each other. Many owner financed sales are short-term, for five years or so. At the end of the term, the buyer is expected to refinance and then make a “balloon payment,” paying off the balance of the loan.[4] As a seller, you will want assurance that a buyer can get a traditional loan at the end of the contract term, which means you definitely want to check their credit history and employment.
    • In fact, sellers should consider having buyers complete a loan application. You can verify references, employment history, and other financial information.[1]
    • Buyers also benefit from background checks. For example, they might discover that the seller has been financially irresponsible. If the seller still holds a mortgage on the home, there is a risk of default.
  3. Determine loan details. One advantage of an owner financed sale is that the seller controls details about the financing. Because the seller is assuming a lot of risk, they should come up with terms that protect them. Talk with your attorney about what the terms of the loan should be. Consider the following:[5]
    • a substantial down payment (usually 10% or more)
    • an interest rate that is higher than usual (though less than your state’s maximum allowable interest rate)
    • a loan term you are comfortable with
  4. Ask your lawyer draft a purchase and sale agreement. You want to protect yourself legally by making sure that you have all of the necessary legal documents prepared. Your real estate attorney can Draft a Purchase and Sale Agreement, which both seller and buyer will sign. This document provides information about the following:[6]
    • closing date
    • name of the title insurance company
    • final sale price
    • details about a down payment, if any
    • contingencies which must be met for the sale to proceed, such as an acceptable inspection and a clear title report
  5. Draft a promissory note. The seller also needs the buyer to sign a promissory note or other financial instrument.[5] Your lawyer or RMLO can draft this document for you. It should contain the following information:[7]
    • borrower’s name
    • property address
    • amount of the loan
    • interest rate
    • repayment schedule
    • terms for late or missed payments
    • consequences of default
  6. Have your lawyer draft a mortgage. The mortgage provides security for the loan.[5] Your lawyer or RMLO can draft this document for you. It should contain the following information:[4] Your lawyer should also draft this document for you. The mortgage is what allows you to repossess the house should the buyer default on the loan.[1]

Completing the Sale

  1. Agree on an interest rate and term with the buyer. Your RMLO partner will calculate the agreed upon amount based on a specific period of time and if you have agreed on a balloon payment. Remember that not every state allows balloon payments.[5]
    • For example, you can base monthly payment amount on a hypothetical 30-year mortgage, but schedule payment of the remaining amount in 5 years (balloon). The RMLO will also create required disclosures for the seller/lender.
  2. Close the sale. Both the buyer and seller should have independent attorneys who can review all paperwork to make sure that it is complete. You should schedule a closing to sign everything and make copies.
  3. Hire a loan servicer to manage payments. The seller should talk to their lawyer about whether they want to hire a loan servicer. If they do, then their lawyer can recommend someone. A loan servicer provides many important services:[1]
    • collects the mortgage payments
    • sets up an escrow
    • handles tax statements and payments
    • makes insurance payments
    • processes payment changes
    • performs collection services, if necessary
  4. Record your mortgage or deed of trust. You can record it in the county land records office.[4] Doing so will allow the buyer and the seller to take advantage of tax deductions. Making the deal official in this manner also proves that the sale took place.

Deciding Whether an Owner Financed Sale is Right

  1. Analyze your situation as a seller. Owner financed sales are rare, and you shouldn’t jump into one until you have thoroughly considered your situation. Think about the following:[1]
    • You usually must own the house free and clear of any mortgage. Otherwise, you will need your lender to give you permission to sell.
    • Taxes can be complicated and you’ll want to hire a tax professional to help you.
    • You might have to go through the foreclosure process if the buyer stops making payments. This can be costly and time-consuming.
    • However, you may make much more money on an owner financed sale than if you sell the traditional way.
  2. Determine if an owner financed sale is ideal as a buyer. Buyers usually like owner financed sales because a seller might be less choosy than a bank or mortgage lender. However, you should consider the following:[1]
    • You might have to come up with a larger down payment than you normally would. The owner-seller is taking a risk by financing your sale, and in return they might want a larger down payment or higher interest.
    • Owner financed sales often close faster than other sales.
    • You need to be sure you can make the balloon payment if one is written into the contract. If you break the contract, then you could lose the house and all of the payments you have made up to that point.
  3. Talk with professionals if you have questions. In addition to working with a real estate lawyer, you might want to meet with a tax professional, such as a certified public accountant. Ask about the tax benefits of an owner financed sale compared to selling outright.[1]
    • If you are a buyer, then you should talk about how to raise your credit score so that you qualify for a traditional mortgage when the balloon payment comes due.


Tips

  • The seller should ask that the buyer purchase homeowner's insurance and confirm the seller as mortgagee.
  • The seller should establish a land contract. With a land contract, title doesn’t pass to the buyer until the final payment has been made.[1] Discuss this option with your attorney and see if such a contract is feasible.

Sources and Citations

  1. ↑ 1.0 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 http://www.nolo.com/legal-encyclopedia/seller-financing-home-sales-30164.html
  2. ↑ http://www.dbo.ca.gov/Licensees/Mortgage_Loan_Originators/About.asp
  3. ↑ http://www.forbes.com/sites/trulia/2015/02/04/the-pros-and-cons-of-seller-financing/2/#59ce53dc7cb0
  4. ↑ 4.0 4.1 4.2 http://www.investopedia.com/articles/mortgages-real-estate/10/should-you-use-seller-financing.asp
  5. ↑ 5.0 5.1 5.2 5.3 https://www.thebalance.com/owner-financing-in-real-estate-1798416
  6. ↑ https://www.redfin.com/home-buying-guide/purchase-and-sale-agreement
  7. ↑ https://www.nolo.com/legal-encyclopedia/whats-the-difference-between-mortgage-promissory-note.html
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