Buying Off Market or directly from sellers on the MLS

Buying Off Market or directly from sellers on the MLS

Specialist · I give advice - [email protected] - I focus on states where investing is profitable, reasonably safe & secure · Member since 2026 · 205 posts · 72 votes

What works best for making money when buying real estate? Bank Loan - Hard Money or Creative financing?

Does Creative Financing work? Can you buy a $400,000 property for $25,000 down and take over a 4% interest loan with Creative financing? Should you use a Living Trust?

The statement "when a owner transfers their deed into a living trust " the loan is not called is correct, but the Due On Sale may be called if that Trust changes hands or if a beneficial interest is anticipated for the future – it's an "or" (either one) not an "and" which would require "both". In fact the DOS has been tightened to include other conditions as well - here is an actual DOS clause –

17. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section "Interest in the Property" means any legal or beneficial interest in the property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser.

If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law.

end of DOS

Yes, a bank has a right to call a loan due that was not originated by the new owner. The loan is pledged against the property. It is security for the bank. If the bank thinks their loan is at risk of being defaulted, for whatever reason, they may call the loan due. If the risk department thinks the bank has too much risk out there, they may call in every questionable loan and sort it out later.

You may already know, but so many people do not, the loan and the warranty deed (ownership) are two entirely different things.

The safest way to protect your interest in a property is to "record the deed loudly and notoriously".

Protect your interests.

It also alerts you to future issues that affect the property that the seller can cause. Unless you do things correctly you lose the right to collect on insurance claims.
And the list goes on.

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Real Estate Broker · Sacramento, CA · Member since 2021 · 555 posts · 427 votes
2d

Talk to a lawyer and an accountant first, I am a licensed broker in Sacramento, not your lawyer. Creative financing can work, but the due on sale clause is the risk. A lender can call a 4 percent loan due in full even if payments are current. A 25k down deal on a 400k home only pencils if the spread covers a refinance if it gets called. Hope this helps, DM me if you want to walk through it.

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  • Real Estate Broker · Sacramento, CA · Member since 2021 · 555 posts · 427 votes
    2d

    Talk to a lawyer and an accountant first, I am a licensed broker in Sacramento, not your lawyer. Creative financing can work, but the due on sale clause is the risk. A lender can call a 4 percent loan due in full even if payments are current. A 25k down deal on a 400k home only pencils if the spread covers a refinance if it gets called. Hope this helps, DM me if you want to walk through it.

  • Staten Island, NY · Member since 2013 · 146 posts · 73 votes
    1d

    Creative financing can work, but on a subject to deal the loan stays in the seller's name, so the seller's credit is on the line if a payment gets missed. Before you put 25k down on a 400k house that way, verify the actual loan balance, payment, and that taxes and insurance are current with the servicer, not just what the seller tells you. Then record the deed like you said.

  • Chris ColtonPro Member
    Investor · San Antonio, TX · Member since 2026 · 144 posts · 62 votes
    1d

    John, the two replies above are right on the money side of it. The part I learned from doing these is the people side. Before I look at the rate or the down payment, I want to know why the seller is selling and what they need to walk away whole. A low rate means nothing if the seller is not comfortable with the loan staying in their name. And get it all written down clean and keep the payments going through a third party servicer so there is a clear record for both sides. That record is what protects everybody when something goes sideways later. I would still have a Texas attorney walk through it with you before anything gets signed.

  • Realtor · Memphis, Shelby County · Member since 2026 · 395 posts · 135 votes
    1d

    John, this is one of those topics where the financing question and the deal question are really two different questions. Creative financing can work — subject-to, seller financing, assuming a low rate — but the structure doesn't make a bad deal good. What I tell buyers here in Memphis is to underwrite the property the same way no matter how it's financed: the full monthly payment including taxes and insurance, the real rent, and a reserve for repairs. Then separately, get an attorney to review the paperwork before you sign anything, because the due-on-sale risk and whose name is on the loan are legal questions, not pricing questions. And verify the loan itself — the rate, the balance, and whether the payment you were quoted is the actual payment. A low down payment is only a good deal if the monthly numbers work after that. What market are you buying in?

  • Specialist · I give advice - [email protected] - I focus on states where investing is profitable, reasonably safe & secure · Member since 2026 · 205 posts · 72 votes
    18h

    "the financing question and the deal question are really two different questions" That is the point of this post a lot of hype is spent on the financing side, This is intended to bring a little reality to the legal side ;-)

    It is a legal contract that has legal implications and it needs to be understood n the context of what happens if things go south or if the buyer gets sued.

    Yes, the buyer can be sued.

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