Originally posted by Jordan Sabo:
what im thinking about is a way to collect a mortgage from people who are otherwise not able to get it from the banks, therefore giving you positive cashflow, giving them a house, and giving the bank the money that you owe. to perform seller financing do you always have to own the property free and clear or are there exceptions?
Search/Google "Contract for Deed", "Land Contract"
That sounds like what you're describing. The seller does not have to own the property free and clear, but I believe there is still a risk of the seller's original loan being called due.
I believe Contract for Deed deals were big in the 80s when mortgage interest rates were 16 percent and no one could get loans.
I think these will be big again - same with "subject to". But sub 2 is "taking over your payments"
Contract for Deed sounds more like what you describe. From what I understand if you're the seller, your name stays on the title - not the new buyers - until the buyer pays you in full. Sort of how the bank holds the title for a car, until the buyer pays the car loan off.
I've been researching these myself lately. I still have a lot to learn.
It seems like there is a smaller chance of the seller's original loan being called due on a Contract for Deed deal versus a Subject To deal, since the seller's name stays on the title. But I don't know yet. Perhaps not, as I am guessing the buyer might want to record the Contract for Deed to cloud the title and to have better proof of equitable interest, so it's easier for him or her to refinance down the road and pay off the seller.
I believe Contract for Deeds are usually done with a balloon payment due in x number of years: The seller gets down payment, monthly payments, and the balloon payment (remaining balance) in say 7 years.
That gives the buyer time to wait the credit markets to come back, restore his or her credit, and pay the seller off after doing a refi.