Dumb Questions - FSBO/Owner Financing

Dumb Questions - FSBO/Owner Financing

Investor · San Ramon, CA · Member since 2011 · 1k+ posts · 569 votes

*sighs* I'm going to apologize in advance because I'm going to sound very stupid with these questions... but I need the answers and haven't seen it discussed in the forums I follow.

I am looking at a property which I found out is FSBO. And he's willing to Owner Finance the deal. How do I go about buying this thing?

I have bought 4 homes (1 investment property) in the past, but all have been through a realtor so the process is easy. I give him a number, eventually a different number gets settled on, I show up a few weeks later and sign some papers, and eventually someone hands me some keys. I'm just guessing there's some work that happens in the background there!

So first off, without a realtor, I am assuming I need my own sales contract? Is there any real reason for this to be terribly complicated and state specific or can it be generic? Any idea where I would get one?

Second, what sort of contract do you create for the funding, the mortgage? Can it be as simple as an amortization table which defines loan length, rate, and any late payment penalties and balloons or does it need to be terribly complicated? Again, any ideas where I would get one?

Last, what all happens in the background of a typical transaction? I'm guessing there's a title search to make sure there are no liens on the property? I would pay a title company to do that in this case directly I'm guessing? Who files what with the county to record the transaction? What else is there?

The couple selling give off a good vibe (think Grandma and Grandpa) so I trust them, but I'm not going to be completely foolish in the transaction! Can someone help me out? :oops:

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Real Estate Investor · Audubon, PA · Member since 2009 · 13k+ posts · 8k+ votes
14y
Originally posted by Michael Quarles:
...
1) Does the note have a Due of Sale clause.
...

In Seller Financing (where you are the buyer), you don't really want a "Due on sale" clause, but you might want to have a "substitution of collateral" clause in case you sell but really like those loan terms ...

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  • Joel OwensBusiness Member
    Moderator
    Real Estate Broker · Canton, GA · Member since 2010 · 15k+ posts · 11k+ votes
    14y

    You can use the generic real estate forms but they also have holes you can drive a hummer through.

    Do you have title companies perform closings in your state or a closing attorney??

    You can create the note yourself but I recommend having an attorney draw up the documents on owner finance deals.Mine does it for me.

  • Investor · Union, NJ · Member since 2011 · 838 posts · 295 votes
    14y

    Hi Nate,

    I am assuming an attorney is not required to do closing in your state.

    Here in North Jersey I am pretty sure an attorney is required which would handle mosst of the back end stuff. IE. coordinating with title company, recording lien at county court house. I guess you or the title company would be doing those steps in the absence of a RE attorney?

    You should make sure you have all your what ifs addressed in the terms of your Note. YOu can find a basic one and customize it I would think? Long as it falls within the guidelines of state law.

    NJ is a weird state, in SOuth JErsey an attorney is NOT required and Title company does the closing......

    Chris

  • Investor · San Ramon, CA · Member since 2011 · 1k+ posts · 569 votes
    14y

    I remember the fun of NJ, bought homes in both North and South.

    Utah is VERY business friendly across the board. A title company is all it takes. Thanks for the inputs, I'll contact the title guy who did my closing on the investment property last month and see what he tells me.

  • Flipper/Rehabber · Bakersfield, CA · Member since 2008 · 3k+ posts · 3k+ votes
    14y

    Hello Nate

    There are only a few elements required in a contract.

    1) Both Parties must understand the agreement
    2) The agreement must be in writing
    3) It must be for a legal transfer
    4) There must be consideration
    5) Both Buyer and Seller must be 18 or older.

    All of the other clauses are boiler plate CYA.

    As for the terms of the note most escrow companies will have a basic note to use. Youll need to have decided.

    1) Loan Amount
    2) numbers of payments
    3) Frequency of Payments
    4) Interest rate
    5) Balloon or fully Amortized

    Other things you may want to agree on are

    1) Does the note have a Due of Sale clause.
    2) What happens on early payoff

    This is actually fairly basic and I am certain youll do fine.

    Congrats.

  • Real Estate Investor · Audubon, PA · Member since 2009 · 13k+ posts · 8k+ votes
    14y
    Originally posted by Michael Quarles:
    ...
    1) Does the note have a Due of Sale clause.
    ...

    In Seller Financing (where you are the buyer), you don't really want a "Due on sale" clause, but you might want to have a "substitution of collateral" clause in case you sell but really like those loan terms ...

  • Rental Property Investor · CA · Member since 2011 · 82 posts · 32 votes
    14y

    Maybe i'm wrong here, but couldn't you still just have your own agent represent you? May cost you a bit more to pay for your agents time or negotiate a fee since there is no commission to split. But then you have that piece of mind it's done right.

    Still trying to learn here myself. Thanks.

  • Commercial Real Estate Broker · Nashville, TN · Member since 2008 · 151 posts · 46 votes
    14y

    Do yourself a favor and find a local RE attorney to do that paperwork for you. It should only cost a few hundred bucks but will save you heartache if something goes wrong.

  • Investor · San Ramon, CA · Member since 2011 · 1k+ posts · 569 votes
    14y

    Thanks for all the responses. I contacted the title company I used for my last property and he was very helpful. Utah posts all the state forms on a website so putting together a FSBO even with Owner Financing is pretty straightforward.

    Unfortunately, the seller and I were talking past each other. He had the 8plex (2 4plexes) at $230k. Given the $4,000 in rents it was a pretty solid deal. Little did I realize he meant $230k EACH! Fortunately for him, someone offered him $450k for the pair (WOW!).

    I put a differet FSBO under contract on Monday but it will be with traditional financing. $2,050 in rents for $124k.

  • Joel OwensBusiness Member
    Moderator
    Real Estate Broker · Canton, GA · Member since 2010 · 15k+ posts · 11k+ votes
    14y

    Yes I can tell you the 50% rule rarely happens with properties.

    There are many,many buyers who do underestimate repairs and as long as they are solvent and look good banks will loan to them based on a high sales price.

    I would consider going higher than the 50% if the property had been recently renovated inside and out in a decent area and my hold time was only for a few years.

    The quads I bought at the height of the market went for 400,000 a piece back in 2008,2009.I didn't pay anywhere close to that but as the market comes back competition and CAP rate compression will hit driving sales prices up,up,up.

    Seasoned investors might not buy at those prices but plenty of other buyers will.I see people with 401k's retiring with 250,000.

    They plow it into buying a restaurant that when they work it full time might make the 40k a year.Little do they know how hard they will have to work and how small the returns will be.

    There is no way to hit the numbers you are hitting in the areas I would buy in.I have other exit strategies besides a long term hold and purely cash flow so motivation is different.

  • Contractor · Cornelius, NC · Member since 2011 · 123 posts · 89 votes
    14y

    When you do get a seller finance deal a nice little clause to add is that you retain first right or option to buy the note from your seller. This is a great second opportunity to make money on your deal.

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