Originally posted by @Justin Hackney:
My biggest fear is that he is doesn't put the money where it belongs. And if he is foreclosed on I am up **** creek without a paddle. How can I mitigate this issue?
Welcome to BP. Glad you are here. Clarify for us which offering is on the table:
1. He owns free and clear. He will hold the note and deed will transfer to you.
2. He has a mortgage and you are buying subject to that mortgage. From your initial post, I don't think that is the case but wanted to clarify.
3. He has a mortgage and is not paying off the mortgage. He is creating a new loan and "wrapping" it around the existing mortgage.
Others can chime in as well, but if #1 is what is on the table, then there are not a lot of risks. He is financing the deal rather than a bank. Since you want to refi in a year or so, make sure there is no pre-pay penalty. The owner may be looking for 20+ years of retirement income from the note and therefore may want a pre pay penalty, so just make sure he doesn't include one.
If #2 is on the table, then the bank could invoke due on sale and call the note. Lots of discussion here on the forum about that. Do your due diligence.
#3 is the only option I can think of whereby he could "not put the $ where it belongs" and you would stand to lose. I can't offer an opinion on this strategy but would consider it the least ideal way for you to buy. Others can chime in if thats what he has put on the table.
Good luck.