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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

Hi bemercer,

Your query has been replied to in the given page:
http://www.mortgagefit.com/propertytransfer/about42553.html#177998

Take a look at it. Hope it helps you.

Thanks,

Jerry
Posted on: 20th Aug, 2010 02:35 am
I have been buying my home now for over 6 yrs . On owner financing now the owner is telling me he's saleing the land contract to a bank .Is that allowed ? And if yes where do i stand now .Can the bank mess with me and take my home ? Please help me i just don't understand what's going to happen.
Posted on: 28th Aug, 2010 11:09 am
hi billy,

you should check out the owner financing contract in order to know the time period within which you need to refinance the loan. if that time period is over, then the owner can sell off the land contract to someone else. if you want to get back the property, then you will have to refinance the mortgage in your name immediately or else, you would lose the property.

take care.
Posted on: 30th Aug, 2010 03:39 am
As the seller of the home, how would i come abouts qualifying the buyer? How would i qualify the buyer to seller finance my home?
Posted on: 30th Aug, 2010 07:58 pm
A query similar to yours has been replied to in the given page:
http://www.mortgagefit.com/loantalk/sellerfinance-qualifybuyer.html

Take a look at it. Hope it helps you.
Posted on: 31st Aug, 2010 03:05 am
WHEN ENTERING INTO OWNER FINANCING CONTRACT AND THE OWNER IS FINANCING THE ENTIRE $45,000.00 @ 5% 20 YRS CAN I ASK THE OWNER TO DO ANY REPAIRS & UPGRADES BEFORE SIGNING THE CONTRACT? ALSO WILL INSPECTION OF THE PROPERTY BE DONE?
Posted on: 07th Sep, 2010 11:15 am
You can always ask the owner to do the repairs and upgrades before signing the contract. However, it will be the owner's discretion whether or not he would do the repairs. If you wish you can inspect the property before going for the owner financing contract.
Posted on: 08th Sep, 2010 02:55 am
The owner owns the home. He is selling it to me. I am putting 48k down and he is financing 72k over 10 years at 6% fixed, no balloon. The Title will be in my name with a lien for the balance. I am not finding reference to a deal like this on the internet. What are my risks? I see alot about seller risks and selling the note, but nothing about my risks.
Posted on: 13th Sep, 2010 06:58 am
Hi rgd!

Welcome to forums!

You can go for an owner financing in order to sell off the property but you should sign a proper agreement with the buyer. If the clauses of the agreement satisfy both you as well as your buyer, then only you should go for the deal.

Feel free to ask if you've further queries.

Sussane
Posted on: 14th Sep, 2010 12:14 am
I am entering into an owner finance situation. The contract will be for a period not to exceed two years. Within that time I will be required to "cash out" the owner. Will this be considered a refinance or a first time mortgage when the time comes for me to officially purchase the home.
Posted on: 15th Sep, 2010 01:31 pm
Hi brettk,

If you are purchasing the property for the first time in 3 years, then you will be able to get the first time homebuyer's tax credit. However, if you're refinancing a mortgage, you won't be able to claim homebuyer's tax credit. Moreover, if the seller already has a mortgage on the property, then it won't be a good option for him to owner finance the property as the lender can consider this agreement as illegal and can call the loan due immediately.

Take care.
Posted on: 16th Sep, 2010 02:49 am
my home is paid off. i would like to get a home equity loan for the full value of the house and purchase a new one. then put my house on the market with owner financing as an option. does anyone know if this would be allowed with equity loans? also, i read something about selling the note to a lender, how does that work? thanks, for any info.
Posted on: 01st Oct, 2010 06:07 am
Hi Ivellisse,

If you have a mortgage on the property, then you won't be able to owner finance it. You will have to pay off the loan in full before owner financing it. The option of owner financing is available on free and clear properties.
Posted on: 04th Oct, 2010 12:29 am
How do I charge If I still have a loan (for 10 more years)thru a bank and the tenant wants to pay it off in 5 years.
Posted on: 04th Oct, 2010 09:58 am
Hi nancy,

You can let the tenant pay off the loan in 5 years and you can pay off the dues of the lender within 5 years. This will help you in paying off the mortgage soon and you will also be able to transfer the property to the tenant soon.

Thanks,

Jerry
Posted on: 05th Oct, 2010 03:28 am
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