Question Seller Carried Back Financing

[Brett Goldsmith]

Thank you so much in advance! I have a few questions that have been tough to get answers too. 

Scenario: Purchasing a property with a tenant inside it. The plan is to rent it back for a year to the tenant and then do seller carried back financing on it for that tenant to acquire the home. 

I have concerns due to Dodd Frank and that this would be an owner occupant loan. 

Important Information: This would be the first and only loan of the year given from that individual or entity. 

Should it be given by an individual, trust or a different entity?

-Does a LLC or Corp not fit into the 1 loan rule?

Could seller carry back a 9% interest only loan with a balloon? Could the balloon be in 4 or 5 years?

Does the interest rate need to be based on an index if it is a fixed rate /w a balloon?

If the borrower is weak on paper but states they can pay the mortgage, is this OK because of the seller not having to prove the ability to pay?

Any feedback or references would be appreciated.

[Paul Chapey]

Even though you're only doing one loan and should be compliant under Dowd Frank (a one- property exclusion would even allow a balloon) just use an MLO anyway and have him bless everything you're doing. The MLO will also help you start your collateral file off properly. Use a servicer on the loan, and if at any time you want to sell the note, you should be in good shape.