Subject To w/ Owner Financing and ARM

Subject To w/ Owner Financing and ARM

Member since 2022 · 1 post · 1 vote

First time poster and would like some advice on the best way to structure the following deal. I’ve researched what I can but feel like there are some variables here that aren’t really covered. This would be my first creative finance deal as well, so I also want to make sure I’m structuring this correctly and using the correct terminology.


Looking to purchase a STR - Lake House where there is a current mortgage (26 years remaining) with an adjustable rate that kicks in August of 2025.

Sell Price: $850K

Down Payment: $170K (20%) 

Current Mortgage: $388K

Rate: 3.75% (until 8/2025) 

Seller Finance Portion: $292K @ 4%

Is there a way to structure this where the current mortgage is treated as it's own agreement so that the payment will adjust as the ARM fluctuates? Then the Seller Financed portion would be treated as it's own agreement with a locked in rate.

If not, what is the best way to present this to the seller so it addresses his concerns on how the adjustable rate is handled?


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  • Rental Property Investor · East Wenatchee, WA · Member since 2014 · 10k+ posts · 16k+ votes
    3y
    Quote from @Brickford L Faucette:

    Looking to purchase a STR - Lake House where there is a current mortgage (26 years remaining) with an adjustable rate that kicks in August of 2025.

    Sell Price: $850K

    Down Payment: $170K (20%) 

    Current Mortgage: $388K

    Rate: 3.75% (until 8/2025) 

    Seller Finance Portion: $292K @ 4%

    Is there a way to structure this where the current mortgage is treated as it's own agreement so that the payment will adjust as the ARM fluctuates? Then the Seller Financed portion would be treated as it's own agreement with a locked in rate.

    If not, what is the best way to present this to the seller so it addresses his concerns on how the adjustable rate is handled?


     The sub2 portion should mean you take over the 1st arm, so the seller is covered.  The rate/payment risk is carried by you in essence. Too bad they opted for an arm in such a low fixed rate environment.  

    Their portion of the SF is between you and the seller.  4% is very generous,  especially as a 2nd.  This can and should be fixed.  Since you are paying the 1st directly, including taxes and insurance, this will be what the seller receives every month.   

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