Quote from @Sebastian Sovero:
I'm looking for some advice regarding structuring a deal through seller financing. The owner of the property is a relative, who purchased the property (condo in Miami) for $200K in 2014. She's 90 and looking to remove herself from having to deal with tenants and the property altogether. She's been renting it for $2,800/month and the condo has a $600 monthly HOA.
I want to offer her $350,000 for the condo (its a fair price for it), 5% down payment ($17,500) and pay her monthly $2,000 for 3 years, after which I would refinance and pay her out. I am considering posing this as a zero interest deal, so the $72,000 ($2,000 x 36 months) paid in the 3 years leading up to the balloon would go straight into the principal, and so will the $17,500 down payment. I would have to find financing in 3 years for the $260,500 remaining to be paid. She has the title to the property as it is fully paid off.
Questions:
1.) How do I set up the documents to do this? I assume I need an attorney, any recommendations on anyone experienced on this matter?
2.) I assume we would use a title company. Any recommendations for title companies familiar with this? Also, does the title go to my name at the time of closing?
3.) Thoughts on how to pitch this to her? She's wants to sell it and remove herself from the equation. She doesn't need the money, so its more of a matter of recouping what she invested, and making somewhat easier on me to be able to pay her back.
Thanks for any advice.
Hey @Sebastian Sovero, here are a few things to keep in mind.
First, you are waaaaay overpaying on the monthly! With your proposed seller finance terms, you'd see serious negative cash flow for years! By your own admission, "she doesn't need the money," so why set yourself up for failure?
Second, if this relative has any other close family, prepare to be accused of "taking advantage of sweet old Aunt Sally," if not now, then a few years down the road. At very least, run your proposal by other family members so no one gets bent out of shape.
Third, a three-year balloon is super-short and ill-advised! I'd recommend nothing shorter than 5 years.
Regarding your specific questions:
1) Yes, any competent closing agent (title company or attorney, depending on your state) can prepare the note and security instrument (security deed, mortgage, etc.) you need.
2) See 1. Ask your local real estate investors association (REIA) for referrals. Yes, you should do a real title search and get real title insurance. Yes, your entity name will go on the deed at closing.
3) Before you worry about pitching it to her, make sure the deal makes financial sense as an investment for you! The biggest threat to her not getting her money is you structuring a bad deal and then having to default on the loan!
