Seller/owner financing property help

Seller/owner financing property help

Irvine, CA · Member since 2016 · 243 posts · 59 votes

I have been looking at seller/owner financing as a way to build my long term rental portfolio and I was hoping some people on here may be able to shed some light on a few areas of this that I am a little unsure about.

Most of the deals I am finding still have an underlying mortgage on them and are not owned free and clear. I was under the impression that usually the lenders can call the loan due if the mortgage is assumed by someone else in a wrap around loan etc... Is there a way to get around this? Is it possible to have the seller finance the loan with a mortgage on the home while not having the loan called due? I heard something about dual insurance? This is all very foreign and confusing to me.

Also, the vast majority of the seller financed properties I am finding have a balloon payment after a few years. I will be unable to make the full payment in this short amount of time so I will need to refinance with a bank or other conventional lender. I already have a few mortgages with lenders and I know most lenders have a limit on the amount of mortgages you can have at any one time (usually 3 or 4) Is this the same when refinancing? Is there anything specific I should be aware of as far as the way lenders look at refinancing a property with a note carried by the owner as opposed to it being from another conventional lender?

I am planning to view some properties over the next few weeks with the hope of purchasing a few seller financed properties and I want to have as much information as I can before I make any decisions.

Any help or input on any of these issues would be extremely helpful.

Thanks so much.

David

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Don KonipolBusiness Member
Investor · The Woodlands TX / Avon, CT · Member since 2009 · 6k+ posts · 10k+ votes
9y

@David Rutledge, Good sense on your part to "worry" about things like how to pay off a balloon note, and how obtaining a mortgage affects your ability to borrow in the future.  Too many real estate "pundits" gloss over these potential problems.  

However, if you want to build a portfolio of properties without extensive credit , you will have to assume a greater degree of risk.  In my experience, owner financing comes in three forms.  First is the desperate seller who has to offer financing so there will be a greater pool of buyers.  This either assumes that the seller doesn't need the cash (but then why is he desperate?) or can sell the note at something approaching par.  So assuming we do not have a desperate situation, then the interest rate you end up paying can be significantly higher than a conventional loan.  I just seller financed a commercial property for a buyer who  put 25% down, and he's paying me 11% interest on the balance with a 2 year balloon against a 15 year amortization.

Second owner finance situation is when conventional financing is not available.  This usually means that in some way whatever the reason for the unavailability of conventional financing has to be corrected so that the property can be refinanced.  The seller's alternative in this case is to wait for an all cash buyer - or provide financing himself.

Third scenario is the seller who wants to get a higher price - higher than market - and uses seller financing to attract buyers who can not obtain financing from outside sources - and who are willing to pay a higher price for a property with "built in' financing.

As a purchaser, you should be looking for either (1) the highly motivated seller, (2) a property that can not be financed except by the seller - IF you can fix the problem (hint: a property next to a nuclear power plant is probably NOT a fixable problem!) or the VERY rare bird.....a seller who doesn't have any plans for the sales proceeds and considers a 20 year mortgage carry back at 5 or 6 % a nice income.

Private Mortgage Financing Partners, LLC
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  • Andrew PostellPro Member
    Lender · Fort Worth, TX · Member since 2016 · 8k+ posts · 6k+ votes
    9y

    @David Rutledge these are very common questions and I hope I can shed some light on the answers a little.

    • Underlying Mortgages and Calling the Note Due - what you are referring to here is what is commonly referred to as the "Due on Sale" clause.  This clause is often used in a method that I don't like seeing.  Basically the clause states that the bank MAY call the note due if you change title.  It goes on to state that if they do enact this clause then they have to give 30 days notice...but that's even if it is legally allowed in your state.  As long as the mortgage is paid on time the bank will not be calling the note due.  This clause does help the bank foreclose easier if you do stop paying though. So just make sure and pay on time and you will be ok.
    • Refinancing and Conventional Loan Limit - You can absolutely refinance out of an owner financed loan.  Just make sure they place the loan on the deed and file it with the county for best results (a title company can help with this).  You will also need 15% equity in the property to refinance into a conventional loan.  Your conventional loan limit is 10 loans but not every bank will lend that many.  Look for smaller to mid-sized banks for best results.

    Hope this helps but if you have more questions then please ask away!

  • Don KonipolBusiness Member
    Investor · The Woodlands TX / Avon, CT · Member since 2009 · 6k+ posts · 10k+ votes
    9y

    @David Rutledge, Good sense on your part to "worry" about things like how to pay off a balloon note, and how obtaining a mortgage affects your ability to borrow in the future.  Too many real estate "pundits" gloss over these potential problems.  

    However, if you want to build a portfolio of properties without extensive credit , you will have to assume a greater degree of risk.  In my experience, owner financing comes in three forms.  First is the desperate seller who has to offer financing so there will be a greater pool of buyers.  This either assumes that the seller doesn't need the cash (but then why is he desperate?) or can sell the note at something approaching par.  So assuming we do not have a desperate situation, then the interest rate you end up paying can be significantly higher than a conventional loan.  I just seller financed a commercial property for a buyer who  put 25% down, and he's paying me 11% interest on the balance with a 2 year balloon against a 15 year amortization.

    Second owner finance situation is when conventional financing is not available.  This usually means that in some way whatever the reason for the unavailability of conventional financing has to be corrected so that the property can be refinanced.  The seller's alternative in this case is to wait for an all cash buyer - or provide financing himself.

    Third scenario is the seller who wants to get a higher price - higher than market - and uses seller financing to attract buyers who can not obtain financing from outside sources - and who are willing to pay a higher price for a property with "built in' financing.

    As a purchaser, you should be looking for either (1) the highly motivated seller, (2) a property that can not be financed except by the seller - IF you can fix the problem (hint: a property next to a nuclear power plant is probably NOT a fixable problem!) or the VERY rare bird.....a seller who doesn't have any plans for the sales proceeds and considers a 20 year mortgage carry back at 5 or 6 % a nice income.

    Private Mortgage Financing Partners, LLC
  • Investor · Saint Louis, MO · Member since 2014 · 101 posts · 16 votes
    9y

    @Don Konipol @Andrew Postell @Joseph Sanders

    When you move the the property to the end buyer on a seller finance note, do you have to provide a Godd Faith Estimate? Is it just a general good practice or is there legal or regulatory ramifications?

  • Don KonipolBusiness Member
    Investor · The Woodlands TX / Avon, CT · Member since 2009 · 6k+ posts · 10k+ votes
    9y

    In a commercial transaction, no.  For a sale to an owner occupant, usually unless there is an exemption

    Private Mortgage Financing Partners, LLC
  • Investor · Saint Louis, MO · Member since 2014 · 101 posts · 16 votes
    9y

    It would be to an owner occupant. I am doing SFR. @Joseph Sanders

  • Pittsburgh, PA · Member since 2017 · 23 posts · 10 votes
    9y
    Andrew Postell Regarding the (up to) 10 loan limitations, could that be overcome by finding a "portfolio lender," or do they also have strict limits?
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