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Updated over 6 years ago,
seller financing promissory note without mortgage or collateral
Has anybody ever obtained seller financing where, for whatever reason, the seller did not use the property itself as collateral for the promissory note? I am involved in a situation where I have an option to purchase for which I paid a consideration under contract for 5 years. In the option, I have all the essential terms as well as the terms of the promissary note inlcuded for seller financing (principal, term and interest rate), but there is no language about a mortgage, deed of trust, collateral, lein, or anything else. I want to tell the seller (which is an estate attorney) they can't require a mortgage when I exercise the option. This is a free standing commercial building, single tennant. what do you think?