Seller financed mortgage vs Real Estate Contruct

Seller financed mortgage vs Real Estate Contruct

Santa Fe, NM · Member since 2016 · 32 posts · 16 votes

What is the difference between seller financed mortgage and real estate contract?

This is a question I got from my realtor here in Santa Fe, New Mexico who is preparing a purchase agreement in order to submit an offer to the seller. I am going to do my research but want to here from BP community since I do not know what to tell her and the time is of the essence.

I have recently found a property that seller agreed to carry a note for on the following conditions. It is a 340k property with 50k down, 5% interest only loan for 5 years with balloon payment at the end. It should have a decent cash flow and let me test my land lording skills.

I know that real estate contracts are how properties are sold here in New Mexico with seller financing if they have prior mortgage on the property. The buyer pretty much assumes the previous mortgage payments.

In my case, the seller own the property so it sounds more like a seller finance mortgage. How do we structure the paperwork in this case?

Thank you for any information and pointers where to look for this

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Buy-and-Hold Rental Investor · Santa Fe, NM · Member since 2015 · 438 posts · 352 votes
10y

Just sent you the definitive book on REC's in New Mexico. REC's are pro-seller due to easier foreclosure. 

Mortgage is pro-buyer for the opposite reason. 

See this reply in the discussion

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  • Santa Fe, NM · Member since 2016 · 32 posts · 16 votes
    10y

    I am guessing that the following sums it up well:

    http://www.kreisenderle.com/news/real-estate-selle...

    Since it seems that my realtor is not familiar with this side of business, what steps should I or my realtor take in order to secure this deal?

    It sounds like attorneys might get involved on seller's side but should be easy for a buyer.

  • Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    10y

    Your purchase contract will lay out the terms of the mtg.  The actual note and mtg documents will be prepared by an attorney.  Make sure your attorney reviews the note and mtg documents.  Verify there are no existing mtg on the property.....that would make this a wrap, with the associated extra risks.

  • Santa Fe, NM · Member since 2016 · 32 posts · 16 votes
    10y

    @Wayne Brooks thank you for your response. 

    My agent has verified that it is not a wrap. I am involved in one right now so it will be an easier thing for me to follow. 

    It feels that this type of financing has more risks to the seller that to me. He must be more interested in getting his attorney involved. I can always walk away if I do not like what an actual note and mortgage says. Am I wrong?

  • Buy-and-Hold Rental Investor · Santa Fe, NM · Member since 2015 · 438 posts · 352 votes
    10y

    Just sent you the definitive book on REC's in New Mexico. REC's are pro-seller due to easier foreclosure. 

    Mortgage is pro-buyer for the opposite reason. 

  • Buy-and-Hold Rental Investor · Santa Fe, NM · Member since 2015 · 438 posts · 352 votes
    10y

    For a mortgage, why pay a lawyer when Fannie Mae has done most of the work for you? 

    Start here: https://www.fanniemae.com/multifamily/core-loan-do...

    Continue here: https://www.fanniemae.com/content/legal_form/3maxe...

    If you need a referral to an attorney, I was real happy with:  James A. Chavez in Albuquerque. Only $250/hr. Does my leases, etc. 

  • Flipper · Santa Fe, NM · Member since 2015 · 60 posts · 16 votes
    10y

    @Petr Anisimov If your the buyer try to go for a deed of trust or mortgage vs an REC. Difference is that for the prior two owner will need judicial foreclosure vs just a demand letter with an REC in order to take the property back. Give a call if you have questions id be happy to help. Your realtor is asking you questions instead of the opposite? Its all really simple. With the right people involved no one should have to hire attorneys. 

    @Petr Anisimov

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