Creative Seller Financing
"Creative Seller Financing" by Chuck Sutherland
Tags: seller financing, second mortgages, SAFE act, appreciation loans
"Creative Seller Financing" is the first book in a series of real world real estate technique manuals published by Chuck Sutherland. It is a real meat and potatoes book with real life examples of the techniques he has employed to creatively finance investment properties.
His techniques are based on his "fundamental principles of creative real estate" which operate as guidelines for each transaction he participates in. They are:
1) Embrace Problems and Create Solutions
2) Get All of the Facts
3) Work with Motivated People
4) Create Net Benefits for Everyone Involved
5) It's About the People, Not Just the Property
6) Employ Qualified Professionals.
In the book he goes into detail about putting these principles into practice. His website is CreativeRealEstateNetwork.com
Legal concerns occur in seller financing due to the page of the SAFE Act and the Dodd-Frank Wall Street Reform and Consumer Protection Act. The SAFE Act applies to situations exceeding five transactions per year. In this situation, the services of an independent licensed loan originator would be required.
The Dodd-Frank Act applied to loans on residential dwellings that contain 1-4 units. It requires that the lender verify the ability of borrowers to repay. Additionally, it requires a fixed interested rate for owner financed notes or limitations on adjustable rate mortgages. Exclusions apply for sellers that finance less than 3 properties per year. They can be found in the Consumer Financial Protection Bureau Loan Originator Rule Small Entity Compliance Guide or the relevant excerpts are in "Creative Seller Financing."
The remainder of the book goes through actual creative seller financing examples which are too numerous to list here. He covers basic seller financing, negotiating terms to increase value, selling owner financed notes, subordination of seller financed loans, friends and family loans, loans against future appreciation, and lease options. My Sutherland also operates as a consultant and has experience with loan assumptions and wrap around mortgages.
Biggest Takeaway: You can structure a seller financed loan and secure it against a property besides the property being sold.
Casey Ryan Richards
April 5th, 2018