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Updated almost 6 years ago,
Seller Finance question: Springing Liens
Hi,
I was thinking through some creative financing structures, and a question popped into my head regarding the following structure;
- Buyer and seller agree to a sales price of $X
- Seller agrees to seller financing in the form of a mortgage with a principal of $Y (<$X) , and an unsecured loan with a principal of $Z = $X-$Y and 10-year term
- The unsecured loan has a provision that, if the loan is not paid off by the end of Year 5, a lien attaches to the property to secure the remaining 5 years; a "springing lien"
My questions are:
1) would the sales price be recorded as $X or $Y?
2) would the unsecured loan and accompanying lien be recorded at the time of sale, or only after the lien "springs into existence"?
And, in case you're wondering, yes there is a reason why the buyer may not want the full purchase price to be recorded as $X. Thanks in advance for the insightful responses! :-)