The contract comes under several names including Real Estate Contract, Contract for Deed, Installment Sale, and Land Contract. It is an alternative way to document the seller financing arrangement from the more common Note and Mortgage or Note and Deed of Trust.

One big consideration with a Land Contract is that the buyer will not receive the Warranty Deed to the property until the purchase price is paid in full. That means the seller stays in control as official title holder while the buyer makes payments. Think of the contract like a layaway program for the Deed.

So what’s the big difference? Well with a Deed of Trust or Mortgage the seller provides a Deed to the buyer at closing, transferring title to the buyer. Then the buyer simultaneously gives back a Purchase Money Mortgage (or Deed of Trust in some states) to the seller for the portion financed. When the amount financed is paid in full the Lien is simply satisfied.

When the seller holds fee simple title using a Real Estate Contract the buyer is holding equitable title. Since the buyer does not yet have the Deed it is almost impossible for the buyer to obtain any type of secondary financing unless the Contract is paid off.

The buyer also risks the seller encumbering or clouding title before the Contract is paid and the Deed released. To provide greater protection, the Fulfillment Warranty Deed can be held in trust by a third party escrow servicing agent

If the buyer quits paying and the seller needs to take back the property, a Real Estate Contract has the advantage of being faster and less expensive than a drawn out foreclosure process on a Mortgage or Deed of Trust.

The accepted use of a Real Estate Contract varies by state. They are common in many Western states like Washington, Oregon, Idaho, and New Mexico along with some Mid-Western states such as Michigan and Wisconsin. However a few states, like Texas, have passed regulations to prohibit use of Contracts for Deed.

A Real Estate Contract can be unrecorded or recorded at the county level depending on local practices. A seller can also sell contract payments for cash now. Just know that some investors may require conversion to a note and mortgage or a note and deed of trust.

A knowledgeable title company or real estate attorney can assist in selecting the best method of documenting the seller-financed transaction.

For more information on buying or selling with contracts read Personal Profit Series: Notes – The Complete Money Making System to Buying, Referring, Creating and Holding Real Estate Notes!

1. Referral Fee
2. Establish Your Own Fee
3. Set Commission Fee

Referral Fee

Pros: Very Little Paperwork/Time
Cons: Typically smaller commissions
Cash Flows: Most cash flows can be handled on a referral basis

The Referral Fee structure is the easiest, particularly if you already have a full time job or have limited extra hours in the day.

With the Referral Fee structure you simply find a deal and refer it on to a single Funder or Master Consultant that accepts referrals.

For the most part, you have no or very limited paperwork. You fill out a worksheet stating the person’s name and info about the cash flow. Once that information is sent, you are pretty much done. The funder will do all the work and if the deal closes send you a referral fee.

Establish Your Own Fee

Pros: Greater control, greater fees
Cons: More Paperwork (but not overwhelming)
Cash Flows: Mortgage Notes, Lottery Winnings, and Structured Settlements

The Establish Your Own Fee method takes a bit more work than the Referral Fee method but may double or triple your income.

With the Establish Your Own Fee method you will still fill out the worksheet but you will request quotes from several Funders to get the best “net” price.  Once you have a “buy” number from a funder you simply subtract how much you would like to make and offer the seller something less.

How much less is up to you. On some deals you may only make $500, while on other deals you may make several thousand. It really depends on how much the seller needs and your negotiation skills. In the end, you are trying to find a fair price for your time and the seller.

Once the seller has agreed on a price, you will need to send the seller a contract agreeing to the terms.

Depending on the type of cash flow deal, you may need to handle and/or pay for some of the due diligence, like an appraisal or title work for a real estate note.

Set Commission Fee

Pro: Potential Residual Income, Funder Does Most of the Work
Con: Some ongoing follow up may be needed
Cash Flows Include: Factoring Receivables, Delinquent Debt, and Pre-Settlement Lawsuits

A favorite among cash flow consultants is the ability to create residual income. Some cash flows, such as Factoring, use set commissions and do not allow the consultant to determine his or her own fee.

The cash flow consultant gets a “percentage” of what the Funder makes on a monthly basis. This percentage is established in advance.

Not all Set Commission Fees are ongoing. Some insurance based or delinquent debt fees are set and not reoccurring (a one-time purchase) – but the commissions can be very attractive.

There are also ways to create ongoing income on some cash flows such as mortgage notes using methods such as the “Buy Full, Sell Partial.”

For the most part, which fee structure you use will be determined by the cash flow or the Funder. Given enough time in the industry you will realize the benefit of each of the ways to earn income!

Please refer to the Directory of Owner Financed Note Buyers and Service Providers for funders and master consultants.

In an effort to sell fast and stand out from the crowd, sellers are turning to the owner financed installment sale. By accepting payments over time from the buyer, the seller provides an alternative to bank financing. This attracts more buyers and helps the owner get attention in a market flooded by oversupply from foreclosures.

Of course sellers don’t want to jump from the frying pan into the fire by trading a house that won’t sell for a buyer that won’t pay.

Here are 5 safety tips for sellers considering an owner carry contract:

Tip #1 – Review the Buyer’s Credit

How buyers have paid bills in the past is a good indicator of how timely they will make future payments. Always review the buyer’s credit prior to accepting a promise to pay. Sellers can obtain a signed authorization from the buyer to pull credit through a reporting agency, or the seller could simply ask the buyer to obtain a copy of his or her report for the seller’s review.

Tip #2 – Get a Down Payment

The more money a buyer puts down, the more “skin” they have in the deal. The greater this equity, the lower the likelihood the buyer will stop paying.

When people have little to no equity, they are more likely to default or just walk away from the home. Few sellers want the hassle of taking back a property through foreclosure, so increase the odds in your favor by requiring a down payment.

Tip #3 – Set the Terms

The terms include interest rate, payment amount, frequency, and the due date for payment in full. There are also late fees, default clauses, requirements for insurance, and other standard provisions.

While the terms can be whatever the buyer and seller agree upon, it makes sense to set terms that are affordable to the buyer AND favorable to a note investor. This way a seller is more likely to own a note that is valuable to an investor in case they ever want to sell future payments for cash.

Tip #4 – Get Help with the Documents

In addition to putting the terms in writing, the documents evidence the lien. The obligation to pay (or IOU) usually takes the form of a promissory note, which is secured by an owner mortgage or trust deed recorded in the county records. A land contract or real estate contract are also used in some states. A qualified attorney or title company familiar with local laws should prepare the closing documents.

Tip #5 – Collect Payments Like a Pro

Tracking the payments, interest, and balance is often referred to as servicing the note. In addition to collecting payments, a servicer should verify the real estate taxes and insurance are kept current. The seller can perform servicing but it is a whole lot easier to hire a third party company to handle this process.

If you are looking for the complete system for safe owner financing be sure to read our how-to manual. It includes documents, examples, terms, credit reading tips, note investor criteria, and lessons learned from 20 years of real life experience.

Here is what one satisfied reader said:

“Your product is one of my go-to programs. I am glad you took the time to put it together. I think I paid more than 10x when it first came out and I think it was worth every penny!”  Greg G – Canyon Capital

Available today in our bookstore as an instant download for just $99.97

Article written and copyrighted by Tracy Z. Rewey at www.NoteInvestor.com.

HUD is poised to take away our rights to offer owner or seller financing on property we own. Under the Safe Mortgage Act proposal, you can only offer owner financing on the home you live in or you must become a licensed mortgage originator.

Here’s how I see it. If we own a property, ANY property (whether it is our residence or not), we should be able to sell to a buyer with owner financing.

HUD’s proposal is to provide an exemption to “where an individual seller provides financing to a buyer pursuant to the sale of the seller’s own residence” (Item F Page 66551 of the HUD Summary Comments).

Unfortunately, this exemption does not go far enough. What if you bought the property lived in it and then moved? What if it is now a rental property, inherited, or simply bought for investment purposes?

At a minimum the exemption should be extended to include any transaction where the seller provides financing to a buyer pursuant to the sale of property the seller owns (regardless of whether it is the seller’s residence).

The HUD proposals under the Safe Act are all part of the fall out from the failed lending institutions and related to HR 1728 and HR 4173.

It makes me wonder…

If the property owner must become a licensed loan originator to offer a seller carry back, will we now be eligible for the TARP bailout should the mortgage fail? (Just couldn’t resist that comment.)

So what can we do?

The first step is to make your voice heard at www.regulations.gov.

Here are some helpful steps that were outlined in a memo from the National Real Estate Investors Association entitled “HUD Issues Problematic Rules Interpreting SAFE Mortgage Licensing Act”:

1. Log on to www.regulations.gov. You will see two white boxes for searching

2. On the left box labeled “Document Type”, pull the menu down and select “proposed rules”

3. On the right box labeled “Enter keyword or ID”, enter “safe mortgage”. Then, press search

4. Locate the blue search result “FR-5271-P-01 Safe Mortgage Licensing Act: HUD Responsibilities Under ….” To read the rules, click on this title. You will be taken to another page. You will see “views”. You can click on PDF file or another symbol, which will show you the rule document online.

5. On the right of the screen, click on “submit comment”

6. Complete the form providing required information and your comments and then submit

What do you say?

Say what you feel, but say it politely! The message should include that you would like the definitions in the proposed rules to be changed so that private individuals can originate and service loans on properties they personally own. Some ideas from others:

• bank loans are not available on some types of properties
• the tight lending climate has made bank financing “out of reach” for many
• seller financing is an “age old” tradition based on private property rights
• these rules would prohibit even partial seller financing – i.e. a “seller second”
• according to HUD’s “Residential Finance Survey” in 2001, roughly 40% of all non-farm residential properties in the US are owned free and clear
• an estimated 6 million Americans own a property other than their own primary residence
• an estimated 4.5% of Americans own three or more properties, many purchased solely as investment properties
• 40% of non-owner occupied residences are mobile homes which are more difficult to sell with bank financing
• approximately 5% of homes in US are for sale or for lease… seller financing may be key to liquidating this inventory.

The continued success of our industry as we know it is threatened by these proposed regulatory changes. Please do not hesitate to follow the steps above and make your voice heard.

Long-time seller financing professional Ric Thom of Security Escrow shared this helpful comment:

“Seller financing is an installment sale. The exemption should apply to any property that an individual owns, i.e. second home, rental house, vacant land, not just a person’s individual residence.

Not everyone owns stock. People have invested in real estate with the intent of reselling using owner financing to supplement their retirement income with this cash flow. Thousands of people have property in their IRAs for this very purpose. To require this class of private property owners, who offer their own property and negotiate the terms of an installment sale to become a mortgage loan originator, is onerous.

This exemption should be broadened beyond just a seller’s residence.”

Comments are due at www.regulations.gov by 2/16/2010 so we urge you to take action now.

Important Update: The time for comments on the HUD Safe Act has been extended to 3/5/10.

Well in the cash flow business we are often singing the blues about looking for deals in all the wrong places.

It is a simple fact that to make money in the note business we must first find deals. But time and money are at a premium, so what methods really work? Here’s how to avoid heartache and start finding deals…in all the right places.

“Every Single Profitable Note Finding in the World (Almost)!” contains a treasure of note finding strategies.  I recently reread this gem and was reminded of how much the authors really know the cash flow note business. Written by John Richards (NoteWorthy newsletter founder) and Jeff Armstrong (Armstrong Capital), this 147-page book is filled with real life marketing methods that help you make money with notes.

Here is one of my favorites from Chapter 17 using The Note Holder’s Handbook. It works like this:

Step 1 – Create a free handbook for sellers that have owner-financed real estate with a mortgage, contract or trust deed. Provide helpful tips on how they can profit from that note and increase its value. Also deal with scary topics, like what to do when buyers don’t make payments or forget to pay taxes and insurance. (Note: A ready to use handbook in text format is included with the “Every Single Profitable Note Finding Idea in the World-Almost!”)

Step 2 – Offer the handbook on your website, direct mail campaign, print ads, referral marketing, or reverse ad marketing. (Note: A how-to for each marketing method is included in “Every Single Profitable Note Finding Idea in the World-Almost!”)

Step 3 – Follow-up with the customer to answer any questions and offer a free evaluation of their note in today’s market.

You have created a warm lead and taken the first step in making a connection with the seller by providing something of value. Sure this is a money business but it is first and foremost a people business.

The handbook works great with both old school marketing and today’s online world. It can be delivered to the seller in person, by snail mail, or better yet, straight to their email inbox as an offer from your webpage.

For the month of February we have a bookstore special that is hard to refuse. If you must, make it a Valentine’s Day present to yourself!

For just $37.50 you will receive:

• “Every Single Profitable Note Finding Idea in the World-Almost!” (The 147-page e-Book written by Jeff Armstrong and John Richards.)

• “The Note Holder’s Handbook” (A 35 page handbook in text format for your personal private label use. No need to write your own. Just add your name, make any desired changes, and print or save as a PDF for email.)

• Special Bonus #1 – My personal script for Reverse Ad Marketing. This method relies on your time instead of your dollars and is a great way to start referral-based marketing.

• Special Bonus #2 – My personal direct mail letter. In direct mail, most marketers are happy with a response rate of one-half of a percent (0.5%). This letter received an amazing 2.7 percent response rate and uses a handbook!

• Special Bonus #3 – My personal criteria for running a direct mail campaign, includes where we buy names and list selection criteria (size, seasoning, area, etc).

As always, our bookstore products come with a 100% satisfaction guarantee and are available through instant download. Don’t miss out on this February special that includes all 5 items for the one low price of $37.50!

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Often they are interested in making money as a broker with cash flow notes.

Increasingly we find it is sellers looking to sell a property fast or buyers wanting to purchase a home without a bank loan.

But where do you turn for real answers that won’t break the bank?

For anyone wanting to learn owner financing we proudly offer Personal Profit Series: Notes, a complete home study course for only $99.97.

Order Your Copy Now!

Yes, – I Can’t Wait To Get My Copy of Personal Profit Series: Notes! Retail Price: $149.95 Sale Price: $99.97

Order Your Copy Now!

Yes, – I Can’t Wait To Get My Copy of Personal Profit Series: Notes! Retail Price: $149.95 Sale Price: $99.97

Note Investor (NI) recently interviewed Greg Gehlen (GG) to learn more about his note buying programs. Canyon Capital specializes in mobile homes on land and pays fees to cash flow brokers for the purchase of notes, trust deeds, and contracts.

NI: What is the current focus of your company?

GG: We buy seller-financed first-position lien notes in the Western U.S. Our primary focus is buying partials to still keep deals together that may not otherwise work.

NI: How did you get your start in the note business?

GG: In 2004 I wanted to buy or start a business and after I looked at a number of existing businesses I decided the best option for me would be to start a business. I attended Noteworthy here in Las Vegas and found a wealth of great information (people and materials) at the conference to get started in the paper business.

NI: What unique benefits does your company provide?

GG: We are able to make decisions quickly on files and we also buy notes that many people are not interested in – mobile homes on land.

NI: What type of notes or transactions will your company consider funding?

GG: We buy notes in the Western U.S. which includes WA, OR, CA, AZ, NV, NM, UT, CO, MT, ID, and WY. The type of note we prefer is mobile homes on land (no park paper). We will look at notes up to $150,000 but prefer partials under $50,000. We like to look at credit if possible but down payment, a solid pay history and property value are more important to us.

NI: What type of deals would just waste your time?

GG: New notes with small down payments and poor credit are not files we will fund.

NI: What do you consider the best methods for finding deals?

GG: Direct mail for consistency and working with the various servicers of seller financed paper.

NI: How do you handle commissions to brokers or consultants?

GG: Wires transfers go out to the note seller and consultant on the same day once the file records. Our price is a wholesale price and the consultant would build in their fees.

NI: What advice would you give to new professionals just starting out in the industry?

GG: If you are persistent you will be successful. I had visions of how easy this business was going to be and I quit my job sooner than I should have… Make sure you have a consistent deal flow so you don’t add more strain to your situation than you need to early on… and don’t quit your day job too soon.

NI: What is the most common business mistake you see people make?

GG: Not learning the marketing end of business sooner. Knowing the business is essential, but you need to have deals to look at to get any benefit from your knowledge.

NI: Given the current economy, have you made any changes in the way you transact business?

GG: We are buying more partials and are really checking under every rock to make sure value is there and building in further value drops to keep our investments safe.

NI: Where can someone contact you to obtain more information?

GG: The best way is to email me at greg.gehlen@canyoncap.com. Our telephone number is 800.995.1856 and the address is 1930 Village Center Circle, Suite #3-838, Las Vegas, NV 89314.

NI:  Is there anything else you would like to share with our readers?

GG: Not trying to brown-nose, but your program “Personal Profit Series: Notes” helped me out when I was first starting and I highly recommend it.

NI: Thanks for sharing your time and knowledge with the owner financing sellers and note brokers at Note Investor!

Urgent Update: House Passes Wall Street Reform Act HR 4173 Including Mortgage Reform Provisions of HR 1728 Regulating Owner Financing

The proposed legislation that had real estate sellers and buyers legitimately concerned about seller financing passed the house on December 11, 2009, as part of HR 4173. Also known as The Wall Street Reform and Consumer Protection Act, the bill now goes to be voted on in the Senate.

The original text of HR 4173 was a staggering 1279 pages and intended to provide wide sweeping reform to insurance, derivatives, and the financial services industry. It has now grown to include multiple amendments and the mortgage reform that would impact owner financing.

Before consideration of the Wall Street Act began on the house floor, the House Rules Committee included Title VII, another 200 pages known as the Mortgage Reform and Anti-Predatory Lending Act. This legislation was originally passed as part of HR 1728 on May 7, 2009 (see How Congress Wants to Change Seller Financing). It had fortunately stalled in the Senate but is alive once again with its inclusion in the Wall Street Reform Act HR 4173.

Why the Concern?
The Mortgage Reform Act sets forth strict regulations on mortgage originators. It effectively takes away the rights of private property owners by bringing them under the regulation meant to apply to Wall Street and Big Banks.

Most of us would agree there is need for reform after the bailout of AIG, Citigroup, and other entities the government considered “too big to fail.” However, the inclusion of seller financing is going to hurt the very people it is trying to protect – the average person on main street trying to buy and sell property with some kind of alternative to failing bank loans.  (Meet the little guy at The Many Faces of an Owner Financed Buyer)

The Mortgage Reform Act applies to mortgage originators and defines mortgage originators. It also provides exclusions for when the law would not apply. The portion that has owner financing worried is the following section 101(3)(e):

(E) does not include, with respect to a residential mortgage loan, a person, estate, or trust that provides mortgage financing for the sale of 1 property in any 36-month period, provided that such loan-

(i) is fully amortizing;
(ii) is with respect to a sale for which the seller determines in good faith and documents that the buyer has a reasonable ability to repay the loan;
(iii) has a fixed rate or an adjustable rate that is adjustable after 5 or more years, subject to reasonable annual and lifetime limitations on interest rate increases; and
(iv) meets any other criteria the Federal banking agencies may prescribe;

Basically the law would apply to someone selling a home and offering a seller carry-back installment sale, except in the above instance and provided the loan meets those 4 requirements. (Anyone else concerned about how vague that last one is…(iv) meets any other criteria the Federal banking agencies may prescribe...?)

So if you want to sell more than one property with seller financing every 3 years the law applies. That means the licensing, testing, bonding, net worth, and reporting required of mortgage originators. This will limit how many buyers are able to fulfill their dream of home ownership. Buyers often turn to seller financing when banks decline a home loan.

So what can we do? Write your Senator to voice your opinion. Explain how seller financing will hurt the little guy and encourage them to Vote NO on HR 4173. Remember, this is the same Mortgage Reform language that was included in HR 1728, so keep making your voice heard.

Looking for more information on the proposed legislation? Here are some additional resources:

CLICK HERE – To read an article by Ric Thom on why the language in this bill can negatively hurt seller financing.

CLICK HERE – To read a summary of the bill related to mortgage reform as published by the Law Firm of Pepper Hamilton Financial Services.

CLICK HERE – For a sample letter to use in communicating with your State Senator encouraging him or her to VOTE NO on HR 4173 and HR 1728.

CLICK HERE – To read the section of the bill related to Mortgage Reform (formerly HR 1728 and now included as Title VII of HR 4173 Wall Street Reform and Consumer Protection Act of 2009)

CLICK HERE – To track the progress and read the full text of HR 4173 (over 1,279 pages plus numerous amendments).

In search of alternative financing methods, many buyers, sellers, and investors are turning to the seller carry-back. Be sure to review the 5 most read seller financing articles in 2009 as you plan for the upcoming year.

#5 – The Downside of Owner Financing – Disadvantages to Seller Financing
What’s old is new again and the credit crisis, struggling economy, and declining real estate market made seller financing the come back kid of 2009.

Offering to owner finance a property can attract buyers and even save transactions as banks increasingly stamp “DECLINED” on mortgage applications. Before you agree to “Be the Bank” carefully consider the downside to providing creative financing. Read More…

#4 – Owner Financing – Avoid 5 Balloon Mortgage Pitfalls
Using a balloon payment with owner financing can be a valuable addition to a mortgage note or land contract.

Unfortunately many sellers and buyers unknowingly combine a balloon payment with high risk factors turning a positive into a negative. Be sure to avoid these common pitfalls when considering seller financing with balloon mortgages. Read More…

#3 – Directory of Owner Financed Note Buyers and Service Providers
Sometimes it is not only what you know, but also who you know.

Gain access to our personal Rolodex of experienced professionals with the Directory of Owner Financed Note Buyers (now updated for 2010)! Work direct with knowledgeable investors, educators, master note brokers, and service providers. Read More…

#2 – How Congress Wants to Change Seller Financing!
Rarely does legislation have the potential to impact the world of seller financing as severely as HR 1728: Mortgage Reform and Anti-Predatory Lending Act. Read More…

After passing the House on May 7, 2009, this bill has been stalled in the Senate. Now Note Investor has discovered that most of the provisions and restrictions of HR 1728, including the limitations on seller financing, have been included as part of HR 4173. Also known as The Wall Street Reform and Consumer Protection Act, this bill passed the House on December 11, 2009 and now goes before the Senate. Read More…

#1 – Using Owner Financing with the $8,000 First Time Home Buyers Tax Credit
In an effort to stimulate the housing market and overall economy the government provided first time home buyers with an $8,000 incentive. Read More…

Next the $8,000 tax credit was extended to April 30, 2010 and also expanded to include existing home owners. Read More…

This led many to wonder if seller financing could be used for qualified buyers hoping to cash in on the $8,000 tax credit. Fortunately, the IRS responded with a definitive “Yes!” to this question and outlined factors to evidence the benefits and burdens of home ownership. Read More…

Thanks to all of our faithful readers for making 2009 a great year at NoteInvestor.com. We wish everyone a successful and prosperous 2010!

You probably know the Internet is the place to be with your cash flow business. It is open 24/7 and it can work tirelessly providing you leads and getting your name out there. You may even have a website already in place.

Chances are, if you are like most cash flow consultants, you have little presence, no presence, or horrible presence. The latter just might be the worse.

There is nothing worse than building a web page, launching it, and seeing nothing happen. Where is the traffic? Where are the leads (and consequently, the deals)?

The good news is there something you can do about it!

Although I could write an entire book about what is wrong with some sites, here are the top three things that can improve your web presence and build you more contacts right away.

1. Does the site look unprofessional? - This is just a fancy way to ask if the site is ugly. I got it, you wanted to use pink or show a picture of your granddaughter at Disney World. Go get your own personal blog and put that stuff there. If you are trying to convey you can handle financial transactions, leave the flowers and Hello Kitty pictures at home.

Searching for a professional looking website for cheap? Check out the templates provided by StudioPress. Their themes run on a WordPress blog platform (which is free). I purchased the Pro Plus All Theme package and it has paid for itself 100 times over! Sign up for StudioPress Here.

2. Do you have too many cash flows? – You and I both know we have the ability to handle many different types of cash flows, including real estate notes, factoring invoices, structured settlements, and the list goes on. Your client is only interested if we can handle their specific cash flow or need.

If I put an advertisement in the paper that said, “I mow lawns and clean pools” you might give me a call. If your website is the equivalent of, “I mow lawns, clean pools, fix cars, and perform plastic surgery” you have too much info.

Consider having a different site for each cash flow you work with (see why I said “developer package” in #1). Don’t worry about the cost. I use HostiCan – providing unlimited websites for one hosting price! Sign up for HostiCan Here.

3. Are you keeping in touch? – If you are not collecting names on the Internet and emailing useful information on a regular basis (but not too often) you are missing deals.

I use Aweber. In addition to managing your database, Aweber can split test email campaigns using different sign up forms.

Aweber is a very powerful tool that goes way beyond name collection. They also have a ton of helpful videos. Sign up Here.

Having an online cash flow business can be a very rewarding and profitable venture. But you must conduct yourself professionally and use the right tools. It took me many years to get a handle on the Internet, and many more to find the best tools. Hopefully you will find these resources as useful as I have in building your cash flow business online.