REISkill - When Buying Seller Carry EquitySeller
Held Mortgages
Seller held mortgages or
trust deeds (as they are called in some states), are probably the first thing
people think of when you say the words "seller financing". In
reality, this is not one of the most popular ways to finance the purchase of a
house. The main reason is that most sellers don't own their homes
free-and-clear, and those that do aren't always willing to take their money in
monthly installments. Nevertheless, some investors and homebuyers are still
able to get seller financing done on a few deals here and there.
Second Mortgages
What is popular, is a seller held "second mortgage".
Sometimes, a buyer may not be able to qualify for enough financing from a bank
to purchase a seller's property. To get the property sold, the seller can take
back a portion of the sales price in the form of a second mortgage. This can be
very helpful when purchasing a property yourself, and is commonly done by
investors who are retailing a property to a homebuyer who doesn't have enough
money to put down or is hard to get financed.
Second mortgages can also
come into play when the seller is willing to deed you the property
"subject to" (as we discussed a minute ago), yet they still want to
get paid for some of their equity.
A Wrap Around Mortgage
Another type of seller
held mortgage is a "wrap around mortgage" or "all inclusive
trust deed". These are used when a seller owes money on an existing first
mortgage or trust deed. Rather than the buyer assuming the seller's existing loan,
the seller makes out a new loan to the buyer. The buyer then makes the payment
to the seller on the wrap around mortgage, and the seller makes the payment on
their loan to the bank .
. The main problem with
wrap around mortgages is that they almost always violate the due-on-sale clause
in the seller's underlying financing. As a buyer, you also have to worry about
the seller collecting your payment and then not making their payment on the
first mortgage.
Advantages Of
A Seller Held MortgageThere are some obvious
advantages when you can get a seller to hold back a mortgage.Little Or
No Money Required
First, many truly
motivated sellers will not look for very much money down, if any. If the seller
does want a lot of money down, then you're not dealing with the right type of
seller and need to move on.
No Credit Required
You also don't need any
credit to qualify for a seller held mortgage, unless the seller specifically
ask to see your credit report. Even then, the seller is not scrutinizing you
like a bank would.
Seller Financing Does Not
Show On Your Credit
One advantage that can
help you down the road is that seller held mortgages don't show on your credit
report. This can be helpful when trying to get bank financing to buy other
properties because your credit report does not show as much debt.
Disadvantages Of
A Seller Held Mortgage
Trying to do deals by
only getting a seller held mortgage, does have some disadvantages.
Finding Motivated Sellers Who Own Free And Clear
Probably the biggest
disadvantage to buying properties using only a seller held mortgage, is that
you must find properties in which the seller owns it free-and-clear of any
loans or liens, and who is willing to collect their money in monthly
installments.
Wrap Around Mortgages Violate
The Due-On-Sale Clause
Also, as we said a minute
ago, if the seller doesn't own their property free and clear, a wrap around
will violate the due-on-sale clause on the underlying first lien. This is due
to the fact that title to the property has transferred without the underlying
loan getting paid off or assumed.
You can however, do a
seller held second mortgage when getting a new first mortgage because you would
be formally qualifying for the new loan. Or, you could qualify to assume the
seller's loan and have the seller take back a second mortgage. Either of these
scenarios would solve the due-on-sale clause problem. However, as you'll learn
in this course, you don't need to qualify for loans or put your personal credit
at risk to be able to invest in real estate.Closing Costs
Another disadvantage with
a seller held mortgage is that you'll have to pay some
closing costs, because the title is transferred and a new
mortgage or trust deed to the seller has to be recorded. There are also other
attorney's fees and closing costs, if you
want to make sure everything is done right.
If the seller isn't
getting any money down, they may not want to come to closing with cash for
their side of the closing costs. Therefore, you may even end up having to pay
all of the costs just to get the seller to do the deal.
Seller Will Have To Foreclose
Finally, because this is
seller financing in which the seller's interest is secured by either a mortgage
or trust deed, the seller will have to foreclose in the event the buyer
defaults on their payments. Because of this, you should never sell your
property using a seller held mortgage or trust deed.
There are other seller
financing options you can use when selling your own properties that afford you
more control and we'll cover them in more detail later.