Owner Finance Flashcards
Owner financing requires that the seller take on
the default risk of the buyer
Owner financing can provide extra
income to the seller in the form of interest.
Sometimes, owner financing is known to help
a property sell more quickly in a buyer’s market.
Owner financing is most common in what kind of real estate market?
A buyers market
Owner finance can offer the seller
monthly cash flow that provides a better return than fixed-income investments.
An owner-financing deal should be facilitated through a
promissory note
The promissory note outlines
the terms of the arrangement, including but not limited to the interest rate, repayment schedule, and the consequences of default.
The owner(seller) also typically keeps the property title until
all the payments have been made to protect himself against default.
In a wrap around, Instead of applying for a conventional bank mortgage
the buyer signs a mortgage with the seller and the new loan is not used to pay off the seller’s existing loan.
Wrap-around loans can be risky for sellers since
they take on the full default risk on the loan.
Alienation clauses are common in most mortgage loans, which often prevent
wrap-around loan deals from occurring.
A wrap-around loan structure is used in an owner-financed deal when
a seller has a remaining balance to pay on the property’s first mortgage loan.
A wrap-around loan takes into account the remaining
remaining balance on the seller’s existing mortgage at its contracted mortgage rate and adds an incremental balance to arrive at the total purchase price.
In a wrap around, generally, the seller will want to negotiate the highest possible interest rate in order to
make payments on the first mortgage and also earn a spread on the deal
What are the types of acquisition transactions
- Cash(cash, private or institutional loan
- Seller Financing(buying on terms)
With debt - Subject to(taking over payments on the underlying lien)
Owner Finance Documents
Deed - Ownership
Note - Terms of loan
Deed of trust - Security
Wrap documents
Deed
Seller > Investor > Buyer
Note
Investor
Buyer > Investor
Deed of trust
Investor
Buyer > Investor
Seller finance documents
Deed
Seller > Investor > Buyer
Note/Deed of trust
Buyer > Investor
Subject To Documents
Deed
Seller > Investor
Note
Seller
Deed of trust
Investor > Seller
Benefit of someone giving me money
Make 6% interest rate collateralized by real estate(18 times more than a CD rate)
Any legal instrument in writing which passes, affirms or confirms an interest, right, or property and that is signed, attested, delivered, and in some jurisdictions, sealed. It is commonly associated with transferring title to property.
Deed
Types of Deeds
General Warranty Special Warranty Quitclaim In lieu of Foreclosure Trustee’s Sherrif’s
General Warranty Deed
warrants ownership forever
Special warranty deed
Seller warrants during a period of ownership
Often, the special warranty deed is issued when the real estate is sold in a tax sale.
Quitclaim Deed
Seller conveys whatever interest they may have in the property
grantor inherited the property, but wants to sell it for the cash, she doesn’t want to guarantee something that cannot be known with certainty, and, thus, to limit her liability, she sells only her interest in the property — whatever it is
Deed In Lieu of Foreclosure
Seller conveys ownership to lender to avoid foreclosure
Trustee’s Deed
Trustee warrants title thru foreclosure
Sheriff’s Deed
Warrants title thru foreclosure
Encumbrances
A burden, obstruction, or impediment on a property that lessens its value or makes it less marketable
What are some encumbrances
Purchase money mortgage Unpaid taxes Mechanics Lien HOA Lien Child support lien Reverse mortgage Civil Judgment Hospital Lien Criminal
Role of title company
Intermediary Manages legal docs Collects/Disburses money Provides title policy Records legal docs in the county
Process of RE transaction
Purchase contract signed Inspection Appraisal Underwriting Closing Recording
What does a mortgage payment include
PITI
P I - Principal and Interest
T - Property taxes
I - Homeowners insurance
Fixed Rate Mortgage Loan
Interest rate that stays the same over the term of the loan