Borrowing against a property I sold on a contract for deed

Borrowing against a property I sold on a contract for deed

Real Estate Agent · Plymouth, MN · Member since 2017 · 4 posts · 0 votes

I am exploring my options for borrowing against a property that I am the legal title holder to. The buyers have been paying on time and have not missed a payment since the purchase closed on 7-26-21. They have actually paid down extra principal every month. They pay me $2,969.80 on the first of every month. The sale price was $500,000. The amount financed by me was $450,000. The agreed upon interest rate is 5% amortized over 40 years, but in reality the buyer is reducing that to 30 years by paying 2969.80/month. The balloon is due 7-26-26.  There is no pre payment penalty. The current balance as of 8-1-2024 was $406,301.27. The property value is at least $600,000.

I am looking to the community for advice and/or connections to someone that might offer me reasonable terms. I'd like to free up some cash so that I'm ready to close on the next great real estate deal that I track down. 

0Reply
22 views

Most Popular Reply

Dustin TuckerPro Member
Lender · Savoy, TX · Member since 2020 · 187 posts · 78 votes
2y

I think that your best bet is to offer the Holder of the Contract for deed some sort of discount if they refinanced out of the contract for deed so you could get your equity, short of that I don't think you have a lot of options.

See this reply in the discussion

6 Replies

Jump to latestLatest
  • Dustin TuckerPro Member
    Lender · Savoy, TX · Member since 2020 · 187 posts · 78 votes
    2y

    I think that your best bet is to offer the Holder of the Contract for deed some sort of discount if they refinanced out of the contract for deed so you could get your equity, short of that I don't think you have a lot of options.

  • Real Estate Broker · Denver/Castle Pines/Colorado Springs, CO · Member since 2021 · 248 posts · 136 votes
    2y

    I would have to assume that is in someway illegal, are you only looking to borrow on the 406? Do the buyers know you plan to do this thus placing a secondary lien on a property they are paying for? 

    I'm guessing you can get away with this somehow, but what happens if you default on the new loan? Do the seller finance buyers then get a judgement against you for the money they've already paid? 

    Crazy way to multiply liability on seller financing. Super interested please keep us updated on what you decide to do. Maybe I'm missing something. 

  • Real Estate Agent · Plymouth, MN · Member since 2017 · 4 posts · 0 votes
    2y
    Quote from @Dustin Tucker:

    I think that your best bet is to offer the Holder of the Contract for deed some sort of discount if they refinanced out of the contract for deed so you could get your equity, short of that I don't think you have a lot of options.


     That's a good idea! I hadn't thought of that. I know they planned on cashing me out early, but when rates went so high, they decided to wait until they could get loan terms closer to the terms I have with them. 

  • Real Estate Agent · Plymouth, MN · Member since 2017 · 4 posts · 0 votes
    2y
    Quote from @Max Ferguson:

    I would have to assume that is in someway illegal, are you only looking to borrow on the 406? Do the buyers know you plan to do this thus placing a secondary lien on a property they are paying for? 

    I'm guessing you can get away with this somehow, but what happens if you default on the new loan? Do the seller finance buyers then get a judgement against you for the money they've already paid? 

    Crazy way to multiply liability on seller financing. Super interested please keep us updated on what you decide to do. Maybe I'm missing something. 

    Our contract does allow for me to have loan. It was a risk they were willing to take. I would like to borrow 200k if possible but am flexible there too
  • Chris SeveneyBusiness Member
    Moderator
    Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes
    2y

    @Joe Houghton

    A lender will be hesitant since there is another interest in the property.

    Also selling the note will get you Pennie’s on the dollar since risk free rate is near your rate thus you would probably take a 50% discount

    You could also hypothecate the loan and sell a partial of the loan to an investor

    7e investments53 Reviews
  • Tom GimerBusiness Member
    DMV · Member since 2017 · 3k+ posts · 3k+ votes
    2y

    Not illegal. Both record owner and equitable owner need to consent to the new security interest. 

    Gimer Law516 Reviews
Join the conversationCreate a free account to reply, vote on answers and follow this thread.