Has anybody ever obtained seller financing where, for whatever reason, the seller did not use the property itself as collateral for the promissory note? I am involved in a situation where I have an option to purchase for which I paid a consideration under contract for 5 years. In the option, I have all the essential terms as well as the terms of the promissary note inlcuded for seller financing (principal, term and interest rate), but there is no language about a mortgage, deed of trust, collateral, lein, or anything else. I want to tell the seller (which is an estate attorney) they can't require a mortgage when I exercise the option. This is a free standing commercial building, single tennant. what do you think?
Talk to your lawyer, they need to review your documents.
Deed of Trust could be a separate document. If you're using commercial financing the lender will require seller to subordinate anyway.