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?
- What are the different types of owner financing?
- What are the different benefits of 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.
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 -- Easy qualification criteria 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.
- Tailor-made financing 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.
- No/low closing costs 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.
- Faster closing 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 -- Highest price 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.
- Tax saving benefits 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.
- Monthly cash flow 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.
- Selling a hard-to-sell property 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.
Related Readings
Related Forum Discussions
- How does owner financing work?
- Owner financing land/home-What if bank loan is due?
- Is owner financing real estate legal?
- Are owner financing interest rates negotiable?
- Where can I get owner finance legal docs?
- Tenants may go for owner finance - What if they go bankrupt?
No. You need to be the owner of a property to be able to take a loan out against it.
ARE THERE ANY GOOD WEBSITES TO VIEW OWNER FINANCING HOMES AND A LIST OF GOOD OWNER FINANCING AGENCIES IN TEXAS.
I can't imagine that an "owner financing agency" would exist in this universe.
i am in an owner finaced home and they are trying to ecict us for 1 missing payment what are my options i have a cat and three dogs renting is not an option and due to medical issues very poor credit
Hi sassykitty,
You need to check out your owner financing agreement and find out what steps the seller can take in case you default the payments. If the seller is not following the clauses of the agreement, then you can take legal actions against him. However, if the agreement mentions that the seller can take action against you for 1 missing payment, then you've nothing to say in this regard. You will have to follow what your seller is asking you to do.
Thanks
You need to check out your owner financing agreement and find out what steps the seller can take in case you default the payments. If the seller is not following the clauses of the agreement, then you can take legal actions against him. However, if the agreement mentions that the seller can take action against you for 1 missing payment, then you've nothing to say in this regard. You will have to follow what your seller is asking you to do.
Thanks
Considering owner finance and a couple of questions
Is the contract for a specified time?
If I were to fix the home and preperty up, can the owner come back and saw they would rather sell due to the upgrades?
Is the contract for a specified time?
If I were to fix the home and preperty up, can the owner come back and saw they would rather sell due to the upgrades?
Owner financing contracts are normally for a specified period of time. The buyer has to take out a mortgage in his or her name within a stipulated time period and get the property transferred in his or her name. Once you have an owner financing contract in place, both the buyer and the seller will have to follow it. The seller cannot simply sell off the property. He/she is bound by the contract.
Only one thing springs to mind as I read these most recent posts: Caveat emptor.
How does the owner in an owner financing contract go about forclosing on the purchaser for non payment? Is an eviction the proper thing to do? How long can the purchaser stay in the house before foreclosure/eviction process can be started? How long does the process take for the house to become vacant? The house in question is in South Carolina. Both buyer and owner live in South Carolina.[/img]
Hi Rima,
You can send a certified letter to the buyer regarding the non-payment of dues and ask him or her to pay off the dues within a stipulated period of time. If the buyer does not pay off the dues along with the late fees within the stipulated period, then you can foreclose the property depending upon your owner financing agreement. Once you foreclose the property, you can send a eviction notice to the buyer and give him or her 3 days time to leave the property.
Thanks,
Jerry
You can send a certified letter to the buyer regarding the non-payment of dues and ask him or her to pay off the dues within a stipulated period of time. If the buyer does not pay off the dues along with the late fees within the stipulated period, then you can foreclose the property depending upon your owner financing agreement. Once you foreclose the property, you can send a eviction notice to the buyer and give him or her 3 days time to leave the property.
Thanks,
Jerry
we own a home that someone wants to purchase with no money. we still owe apx 20,000 on the home , how can we do this transaction
thanks
myrna
thanks
myrna
Welcome myrna,
Your property should be free and clear in order to sell it off through owner finance. As you already owe a mortgage on your property, you won't be able to do a owner financing on it. If your lender comes to know that you've sold off the property through owner financing, he may call the loan due immediately.
Your property should be free and clear in order to sell it off through owner finance. As you already owe a mortgage on your property, you won't be able to do a owner financing on it. If your lender comes to know that you've sold off the property through owner financing, he may call the loan due immediately.
I have a buyer who wants to pay for a portion of the house I am selling wherein he will get a loan for the major part of the sale and cash me out for that portion. Then he wants me to carry the balance and be in second position to the bank. If he doesnt pay me monthly for the balance, does the first position bank have to be satisfied before me?
Hi Guest,
If your loan is in the second position and the borrower defaults the mortgage dues, then the first lender will be paid off prior to you. Your loan will remain subordinate to the first mortgage.
Take care.
If your loan is in the second position and the borrower defaults the mortgage dues, then the first lender will be paid off prior to you. Your loan will remain subordinate to the first mortgage.
Take care.
In an owner finance situation, can the property be put into the buyer's name to qualify for property tax deductions/exemptions. ie. Homestead exemption?