Proper way to do an owner carry as the seller

Proper way to do an owner carry as the seller

Investor · Salem, OR · Member since 2012 · 16 posts · 0 votes

I have a piece of bare land in Washington that we had originally thought we would build a personal residence on. But things change and now we are selling without building. We have an offer from a  buyer wanting us to do an owner carry. I am considering it, but I have never done an owner carry as either seller or buyer and only know the basics. 

  • What are the typical ways that a seller protects themselves in an owner carry?
  • Mortgage versus Deed of Trust? It seems that the Deed of Trust is better from the seller perspective. Is the title company the escrow agent holding the deed? Or is another party involved? If Deed of Trust does anything special need to be stipulated or done to ensure that the buyer is the one paying taxes, etc?
  • Should I use a service to collect the payments and monitor for non payments?
  • Whats a typical late fee on an owner carry?
  • Other than interest rate, amortization period, payoff period, down payment, what other things should typically be agreed on?
  • Anything else?

Thanks!

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Lebanon, OH · Member since 2015 · 14 posts · 19 votes
9y

Dan, the reason every answer in this industry is "it depends" is because of circumstances like this.

In Washington state, sales are typically done as Deed of Trust and if foreclosure occurs, it is through a non-judicial or statutory process. This is significantly shorter than a judicial process.

The main reason folks like to do seller finance on Land contracts is because of the time to remedy a default. Terminations operate much like an eviction, therefore they are quick. However, land contracts are not viewed as valuable as a mortgage or DOT. So there's a balance to keep when deciding to go with one.

Since this is a land-only deal with no home on it, your note will not be worth as much on the secondary market as one secured by SFR. So you have to consider whether you can live with holding this paper in your own portfolio for the long term if you don't like the prices the secondary market throws your way.

That being said, 25% down is a great place to start and your short amortization of 10 years as well. You may not want to get into the realm of Balloons with Dodd Frank looming around now, especially with it amortized at 120 months (balloons are amortized over 30 years usually). 

The interest rate is a little low for seller finance and if you plan to sell the note, remember that the lower your rate is, the higher the discount will be from your buyer.

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  • Real Estate Agent · Las Vegas, NV · Member since 2015 · 2k+ posts · 1k+ votes
    9y

    Your situation if perfect for a contract for deed or a land contract .

     http://www.nolo.com/legal-encyclopedia/the-basics-...

  • Member since 2016 · 13k+ posts · 12k+ votes
    9y

    Simply have your lawyer draw up the mortgage contract. A experienced real estate lawyer has all the info. The buyer will be required to pay for your lawyers fees.

  • Residential Real Estate Broker · Moses Lake, WA · Member since 2016 · 49 posts · 22 votes
    9y

    Land contract all the way. Use a real estate lawyer to draft up the contract and you can use a title company to finish off the title and act as escrow for payments.

    If the buyer can't pay you are entitled to taking the property back and keeping the money paid for the land. You can turn around and try it again.

    Edit: Misplaced word

  • Investor · Salem, OR · Member since 2012 · 16 posts · 0 votes
    9y

    @Account Closed thanks for the responses. Sounds like land contract is the way to go.

    What are typical terms? Offered now is 25% down, 4.75 rate, 10 year amortization and payoff. I would like a higher rate and a 5 year balloon with a 10 yr amortization and while everything is of course negotiable I want to understand what is a common range to terms.

  • Lebanon, OH · Member since 2015 · 14 posts · 19 votes
    9y

    Dan, the reason every answer in this industry is "it depends" is because of circumstances like this.

    In Washington state, sales are typically done as Deed of Trust and if foreclosure occurs, it is through a non-judicial or statutory process. This is significantly shorter than a judicial process.

    The main reason folks like to do seller finance on Land contracts is because of the time to remedy a default. Terminations operate much like an eviction, therefore they are quick. However, land contracts are not viewed as valuable as a mortgage or DOT. So there's a balance to keep when deciding to go with one.

    Since this is a land-only deal with no home on it, your note will not be worth as much on the secondary market as one secured by SFR. So you have to consider whether you can live with holding this paper in your own portfolio for the long term if you don't like the prices the secondary market throws your way.

    That being said, 25% down is a great place to start and your short amortization of 10 years as well. You may not want to get into the realm of Balloons with Dodd Frank looming around now, especially with it amortized at 120 months (balloons are amortized over 30 years usually). 

    The interest rate is a little low for seller finance and if you plan to sell the note, remember that the lower your rate is, the higher the discount will be from your buyer.

  • Residential Real Estate Broker · Moses Lake, WA · Member since 2016 · 49 posts · 22 votes
    9y

    Like @Czarina Harris has said the rate is a bit low. We are having many around 5 years and 6% for vacant land.

    As for the Dodd-Frank I don't believe that has any barring on seller financed vacant land transaction.

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