Structuring a deal for a Duplex

[Corey Jacobs]

Hi Everyone, 

I have been talking with a seller for a couple weeks now and Im about to submit an offer to him. Have a few questions regarding the deal. He has agreed to be willing to do a land contract/seller finance, but the issue Im running into is that he still has a mortgage on the property. It is less that what he is wanting to sell the property for and less than what Im going to offer. Im just curious how we can get around the "Due on Sale clause" I have mentioned it to him about that, he was a previous RE investor himself. He had mentioned that we could not record it at the court house but have a legal agreement between us. Has anyone done this? Comfortable with doing this? Also how do I make sure he is making his monthly payments on the property? Thanks in advance.