BusinessHABOnemain finance: 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.
- look in the Yellow Pages
- ask for a referral from a mortgage company, bank, or realtor
- contact your state’s licensing agency
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- You can get a referral to a real estate attorney by contacting your local or state bar association. Bar associations are organizations made up of attorneys, and they often provide referrals to their members or can help you find an attorney.
- Your RMLO can help ensure that your owner financing documents are compliant with the Safe Act and Dodd Frank Act.
- 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.
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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.
- 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.
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. 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.
- 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.
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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:
- 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
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:
- 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
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Draft a promissory note. The seller also needs the buyer to sign a promissory note or other financial instrument. Your lawyer can draft this document for you. It should contain the following information:
- borrower’s name
- property address
- amount of the loan
- interest rate
- repayment schedule
- terms for late or missed payments
- consequences of default
Have your lawyer draft a mortgage. The mortgage provides security for the loan. 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.
- 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.
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- collects the mortgage payments
- sets up an escrow
- handles tax statements and payments
- makes insurance payments
- processes payment changes
- performs collection services, if necessary
Record your mortgage or deed of trust. You can record it in the county land records office. 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.
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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:
- 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.
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:
- 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.
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- 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.
- If you are a buyer, make sure that you have your options for paying the balloon payment lined up before you agree to the seller’s terms.
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Consider a lease-to-own option. This option is often more advantageous for the buyer and less complicated for the seller. You and the person interested in your home will lock in a potential sale price for the home, as well as a lease agreement ranging from 2 to 5 years. During that time, the person will pay you rent on the home, with a portion of that rent going toward a down payment on the house. After the lease ends, the person can choose to proceed with the sale as arranged, or they can opt to walk away.
- If they walk away, they don’t get a refund on the extra money they paid toward the down payment.
- If they do walk away, you’ll need to relist your home.
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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. Discuss this option with your attorney and see if such a contract is feasible.
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The seller should ask that the buyer purchase homeowner’s insurance and confirm the seller as mortgagee.
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