OWNER FINANCING CONTRACT QUESTION - WHAT HAPPENS IF OWNER PASSES?

OWNER FINANCING CONTRACT QUESTION - WHAT HAPPENS IF OWNER PASSES?

Coweta, OK · Member since 2016 · 56 posts · 12 votes

If I were to acquire a property using owner financing for example:  Purchase single family home from owner for $100k.  $5k down payment and zero interest monthly payments for remaining balance of $95k @ $527/month for 180 months.  My question is, what happens if (God forbid), after 60 months, the owner passes away?  

0Reply
17 views

4 Replies

Jump to latestLatest
  • Rental Property Investor · Olympia, WA · Member since 2012 · 543 posts · 311 votes
    7y

    You would owe the money to his estate (Heirs).  If the estate is not well managed, and the heirs are clueless, there is a possibility (unlikely) that no one would step in to collect the debt.

  • Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    7y

    The note should have language about it being binding upon heirs, etc.

    Note, there are different forms of “owner financing”. You want title to pass to you with the seller holding a mtg, not a Contract For Deed, Land Contract, etc.

    Also, while it may be promoted, finding an owner to finance with no interest may be a bit of a unicorn.

  • Coweta, OK · Member since 2016 · 56 posts · 12 votes
    7y

    @Wayne Brooks

    So, the note should state that our agreement, or note, will be binding with any heirs?

    Could you explain more about:  "Note, there are different forms of “owner financing”. You want title to pass to you with the seller holding a mtg, not a Contract For Deed, Land Contract, etc."

    Yeah, the no interest would be a best case scenario for sure.  I was thinking about an elderly parent of a close friend with rental properties.  May see if I could acquire some rentals that way or partner with my friend them.

  • Coweta, OK · Member since 2016 · 56 posts · 12 votes
    7y

    @Davido Davido

    Thanks!  I love BiggerPockets forums.  I am just answering my questions about possible strategies that I've heard on the podcasts and that I think I could pull off.  The owner financing was a thought to satisfy a seller who may want more than a cash buyer would pay.  Cash offer 70k.. seller wants $100k....so, ok I can give you $100k.  I'll give you $5-10k down and finance the rest.  You get monthly payments for the next 15 years, etc.  

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