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Owner financing: A win-win deal for both buyer and seller

Posted on: 14th Apr, 2004 05:33 pm
Even a decade ago, it was not much difficult to obtain a mortgage as it is now. Home prices were high and lenders had abundant cash at their disposal, making mortgage loans easily obtainable. Even stated income loans and no-doc mortgages were available. The housing market crash of 2007-08 has however reversed the situation and brought about some belt-tightening measures in the market. Currently, the stated income loans or no-doc mortgages have disappeared from the market and the criteria to obtain a mortgage loan have become more stringent. These market realities have forced the home buyers and sellers to become more creative. One of the creative strategies adopted by them is the owner financing.

What is meant by owner financing?

Owner financing takes place when a property buyer finances the purchase directly through the person or entity selling it. This takes place when a potential buyer can't obtain the necessary funds through the third-party lenders. Owner financing may also take place in case the home buyer is unwilling to pay the prevailing market rate of interest. Again, in case the seller finds difficulty in selling the house, then the seller also may be interested to opt for owner financing.

In owner financing, usually the purchase price of the house is partially financed by the home seller and the rest of the amount is financed by taking out a smaller loan. Owner financing is also called as 'seller financing' or 'creative financing'.


Owner financing is common in a buyer's market – a market which has more sellers than buyers. To safeguard his/her interest, the home seller may ask for a high down payment of 20% or more. Here however the deed of the property is not transferred to the buyer unless all the payments are made in full. Since no institutional lenders are involved here, the terms and conditions of the mortgage are negotiable. In fact, terms and conditions are set up in such a way so as to provide benefits to both the buyer and the seller.

What are the different types of owner financing?

In owner financing, sellers and buyers negotiate on the terms and conditions of the transaction, subject to the regulations in the particular state. There is no fixed percentage of down payment that the buyer has to pay to the seller. Down payment percentage may vary from a very low level to as much high as 30% or above. Higher down payment protects the home sellers from the risks of default by the home buyers. Owner financing can be done in the following ways-

  • Land contract
  • In land contract, legal title of the home is not transferred to the home buyer but the buyer is given an equitable title, a title that fetches temporarily shared ownership. Payments are made by the buyer to the seller and the buyer becomes the owner of the property once the final payment is made.

  • All-inclusive mortgage
  • In this type of owner financing, the home seller is responsible for carrying a mortgage promissory note that is equal to the difference between the home price and the down payment amount.

  • Junior mortgage
  • In the current market conditions, many lenders are not willing to offer finance more than 80% of the value of a home. Home sellers may come into the scene and can make up for the difference. The home seller can take out a junior mortgage to compensate for the deficient amount of the home buyer. Here the seller can take out the junior mortgage from the first mortgage taken out by the buyer from the first mortgage lender. However, taking out a junior mortgage loan is comparatively risky as in the event of default by the home buyer, the first mortgage is repaid first and the junior mortgage is paid off later.

  • Lease agreement
  • Another form of owner financing is the lease agreement where the home seller gives equitable title to the buyer and leases the home for a contracted term such as an ordinary rental. Once the agreement is over, the buyer has to take out a mortgage loan equal to the purchase price of the home minus the total rent payments made.

What are the different benefits of owner financing?


Owner financing offers several benefits to both the buyers and the sellers. Most of the times, this type of home purchase is a win-win situation for both the parties.

Benefits to the home buyers

Despite the high down payment that the buyer has to make, owner financing offers several benefits to them -

  1. Easy qualification criteria
  2. Because of the relatively easy qualification criteria, many home buyers prefer owner financing over traditional financing. Due to recent bankruptcy or divorce, the home buyer may have poor credit, making him/her ineligible for a traditional home financing. Again, the home buyer may be a self-employed person and may not have the necessary documents in support of his/her income. The home buyer may also be very new in the job market and may not fulfill the criteria required to obtain a traditional loan. In addition to these, there are many other reasons which make a home buyer not eligible to obtain traditional financing. Owner financing is certainly a very good choice for these home buyers.

  3. Tailor-made financing
  4. Unlike the traditional financing, here both the buyers and the sellers have the flexibility of choosing from a variety of payment options such as fixed-rate amortization, interest-only or a balloon payment. Home buyers can decide the payment option by negotiating with the sellers.

  5. No/low closing costs
  6. In case of owner financing, home buyers aren't required to pay the closing costs which the home buyers have to pay compulsorily in case of conventional financing. Loan origination fees, processing fees, points, title insurance, underwriting fees, administration fees and many other fees charged by the traditional lenders add up to thousands of dollars. By opting for owner financing, home buyers can avoid these costs.

  7. Faster closing
  8. Here the buyer and the seller are not dependent on a lender to process the loan. Absence of any third party lender, ensures faster closing of the transaction.

Benefits to the home sellers

Sellers aim at obtaining as much price as possible. Sellers also want to enjoy tax saving benefits on the gains accrued. Benefits to the sellers are listed below -

  1. Highest price
  2. Since the seller is offering the financing at soft terms, the seller may want to receive more than the fair market value of the property. Buyers may also be agree to pay the premium as they can't qualify for traditional financing.

  3. Tax saving benefits
  4. In case of owner financing, home seller sells the property in installments. Home seller reports only the income received in each calendar year. This means that here the sellers have to pay less tax.

  5. Monthly cash flow
  6. The monthly payments that the home seller receives from a buyer, increases his/her monthly cash flow. This in turn raises the spending capacity of the seller.

  7. Selling a hard-to-sell property
  8. It may be the case that the seller is finding it tough to sell the property through the conventional route. Through owner financing, a home seller can sell an otherwise hard-to-sell property with lot ease.

Before agreeing to owner financing, both parties should consult separate legal counsel in their state.
Related Readings

Related Forum Discussions

We have been leasing a house for 2 years, we do not have the down payment nor the credit to purchase the home,yet.......can the owners, Owner Finance, if they have a loan on the home? If so, how would that work and what would we be expected to do? What would be the best way to get in this home?
Posted on: 15th Aug, 2008 05:44 am
Welcome Guest.

In this financial turbulence, if you don't have very good credit, then I would suggest you not go for the loan. Try to improve your credit first. How bad is your credit? Check out the Credit Repair Tool to analyze and repair your credit.

Hope it helps. Ask the community if you have any more questions
Posted on: 16th Aug, 2008 02:13 am
Hi guest,

Owner financing is a good alternative to traditional loans especially when you credit isn't good enough and you need to have a home of your income. But when it comes to owner financing, you're dealing with a seller and not a third party lender. So, make sure that you sign on all required legal documents and read the fine print prepared by the seller's attorney. It's best if you can get the contract reviewed by an attorney.

Since the seller has a loan on the home, does he intent to pay it using your rent payments or does he want you to assume the loan later on? verify this because as it is chances are less that you'll be allowed to assume the loan by the lender who've provided it. This is because your credit isn't good. Moreover, ask the seller if his lender has no problems if you enter into an owner financing contract with the seller. This is indeed important as the lender may ask the seller for the unpaid balance if he violates terms and conditions stated on the loan contract.

I hope you understand there are legal complications here. So, you need to know everything about the seller's transaction with the lender before you make a deal with him.

Regards,

Jessica
Posted on: 16th Aug, 2008 05:18 am
My client has this land that he has, wanted to sell and needs to create a(an)
owner-finance or exchange for paper. What is the process? Do you do this service
Posted on: 25th Aug, 2008 12:31 pm
Welcome beverly.

The seller goes for Owner financing if the buyer doesn't have good credit and cannot get the loan to purchase the property. It helps the owner to sell the property quickly.

This is a community which helps people with answer and suggestions to myriads mortgage related and other financial questions. So I feel you should contact with a real estate agent to do the service for you.
Posted on: 26th Aug, 2008 05:31 am
What if what you give to the seller they don't make the mortgage paments that I am paying towards the house - how do you protect against that?
Posted on: 26th Aug, 2008 07:38 pm
Welcome Sue.

In an owner financing transaction, if the seller isn't making mortgage payments, well then you need to talk to the lender, though you may not have directly dealt with him. I think you need should have a straight talk with your seller and see what he's trying to do. If he doesn't pay down the mortgage, he may lose the home to the lender and then all your cash payments to the seller will be simply wasted!

Check out your owner financing contract and find out if it speaks of any such protection or legal step that you be able to take. You may contact an attorney for any further course of action.

Thanks.
Posted on: 27th Aug, 2008 03:00 am
we are selling our house(we had to relocate), but we had gotten a 2nd mortgage 3 years before we put it on the market because we needed things done on the house. So our asking price is more than what are house is worth. We have a lot of offers for what the house is worth. What are some of our options.
Posted on: 04th Sep, 2008 06:48 am
hi guest,

you'll have to look out for a buyer who is ready to assume the second mortgage. if you aren't getting such a buyer, the only way to get rid off the second loan is to pay it off. does your second lender know that you're relocating?
Posted on: 05th Sep, 2008 05:31 am
So what kind fo contract should i do. for owner finance to flip the note?
Posted on: 17th Sep, 2008 09:28 am
I think you should contact an attorney as to what legal document needs to be drafted.
Posted on: 20th Sep, 2008 10:50 am
what would be the benefit as a buyer to buy a home with owner financing then turning around and refinancing this home ( i have excellent credit dont need to do this but have heard of it being done and was wondering why I think I know the answer but need it explained to meby a pro
Posted on: 25th Sep, 2008 07:07 pm
Hi Presario!

As far as I know, there are 3 benefits of owner financing:

1. More Buyers.
2. Long term profit.
3. More Money.

Thanks,

Jerry
Posted on: 26th Sep, 2008 03:43 am
Can the seller take all the equity out before the transaction!
Posted on: 12th Oct, 2008 08:01 am
ineed the equity out of my home to finance the home i 'm moving into,but can help a buyer not have to come up with downpayment or bank financing
Posted on: 12th Oct, 2008 08:04 am
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