Investor · San Diego, CA · Member since 2015 · 290 posts · 80 votes
Hi BP,
I'm looking to purchase either via seller financing or assuming the note (assuming the bank accepts). I'd prefer assuming the note. The current note is with a hard money lender.
If I purchase via seller financing, I'd immediately get the property refinanced with my preferred lender to pay off the hard money loan. If purchased via assuming the note, I'd work with the current lender and refinance out of the hard money loan and into a 30 term loan.
With each approach, how does taking over the seller's current note impact them on their taxes? Do they have to pay taxes on the note amount I take over for them? Is there a way to prevent the current owner from paying taxes given this situation? I'm well aware of 1031 exchanges and investing in opportunity zones.
@Casey Murray debt or mortgage assumption does not affect profit. And profit is what determines your sellers tax burden - the difference between the net sale and adjusted cost basis.
There’s almost never any “working with the current lender”...you’ll need to go out and get your own financing through your own source. If you call them up and say you “assumed” his mortgage or took over the property “subject to” his mortgage, they’re more likely to say, “nice, pay us in full in 30-60 days...” than anything else. Every mortgage in effect today through a “real company” has a due on sale clause saying they get paid in full when there’s a new owner.