Realty411 Magazine The Best of Realty411 - Learn from Our Past Issues | Page 53
Seller Fiance 101 pg. 51
NEGOTIATING THE TERMS
Down payments are usually
between 10% and 30%, depending
upon the buyer’s financial position, the
buyer’s creditworthiness, and the
seller’s need for cash. A credit report
on the buyer is essential.
It is possible to have a loan where
the payments are interestonly, but
some degree of amortization is
preferable so the buyer is building up
equity and can refinance more readily
in the future. The interest rate should
be a “market rate”, or less if lending to
a friend or family member. Excessive
interest rates do nobody any good, just
making it harder for the buyer to
succeed with the property.
The length (“term”) of the loan is
negotiable based on the needs of the
parties. The note could be written with
one or more “options to extend” in
case conditions for refinancing are not
favorable when the loan matures. The
idea is not to create a condition where
the buyer cannot pay off the loan when
it comes due.
WHAT ABOUT
COLLECTING PAYMENTS,
AND PROPERTY TAXES?
Sometimes with seller financing
the buyer will neglect to pay the
property taxes or keep the premises
insured. The best way to prevent
this is to hire a “loan servicing
company”.
They will do everything, and
even foreclose, if the need arises.
The cost is reasonable, and the
pieceofmind is priceless!
WHAT IF THE BUYER
DEFAULTS?
There are three alternatives. The
obvious one is to hire an attorney or
foreclosure company to legally recover
the property. Then, it’ll be necessary to
make repairs and resell the property,
or rent it out. This should be chosen if
the buyer’s default appears to be
permanent, and cannot be corrected.
If the buyer’s default appears to be
temporary, a job loss for example, then
it’s best to suspend payments. Once the
situation is resolved, modify the note to
include the missed payments and
proceed as before.
The third alternative is to sell the
note at a discount and let someone else
deal with the default.
Discounts on defaulted notes are
typically 40 – 80%. This is a terrible
idea! Don’t do it!!!
WHAT IF THE SELLER
NEEDS MONEY LATER?
There are several alternatives here,
also. The first is to sell the entire note at
a discount. Since the note will be
“performing” (i.e., not in default), the
discount could
be in the 20 – 30% range, which isn’t
so bad if you need cash.
But maybe you don’t need to use
the entire note. You could sell just part
of the note, or just a certain portion of
the payments. There are markets for
notes across the country and over the
internet. Notes can be very “liquid”
nowadays.
Finally, you could borrow against
the note. The legal term for this is
“hypothecation”. Private parties, banks,
credit unions, and “factoring
companies” all do note hypothecations.
Check the internet first.
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BENEFITS TO THE BUYER
There are two primary benefits to
the buyer. The first is that the buyer can
negotiate a “customized” loan with the
seller to accommodate the buyer’s
circumstances. Banks and mortgage
brokers usually sell their loans on Wall
Street, so the loans are standardized.
These don’t necessarily fit everyone!
In addition, commercial lenders
charge “loan origination fees”, also
known as “points”. Most sellers do not
charge fees for lending, and in many
states they cannot. This saves quite a
bit for the buyer.
BENEFITS TO THE SELLER
There are two benefits to the seller.
The first is that carrying some
financing facilitates the sale. No doubt
about it!
Secondly, the note that is carried
back generates a regular monthly
income stream that is secured directly
by the property. This makes it a very
good, longterm investment. ♦
ABOUT THE WRITER:
Bruce Kellogg has
been a Realtor® and
investor for 35 years.
He has transacted
about 500 properties for clients, and
about 300 properties for himself in
12 California counties. These
include 14 units, 5+ apartments,
offices, mixeduse buildings, land,
lots, mobile homes, cabins, and
churches. He is available for listing,
selling, consulting, mentoring, and
partnering. Readers can reach him
directly at:
[email protected], or
(408) 4890131.