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You're selling your home and the buyer wants you to finance part of
the
purchase price by "carrying back" a loan. Should you? The answer
depends on
the anticipated ease of selling your home without the financing and
your own
financial situation.
Seller financing is more common in slow housing markets when it's
offered
as an inducement for buyers. But it's also a viable option for
sellers who
prefer to receive a stream of payments over time instead of a lump sum
in
cash. If you're toying with the idea of offering seller financing,
consider
these six suggestions:
1. Think like a banker. Examine documents and reports
indicating
the buyer's ability and willingness to pay his or her debts. Verify
the
buyer's employment and other sources of income. Get a credit report.
Ask for
copies of bank statements and other financial documents. If the buyer
is
applying for additional financing from a mortgage lender, review a
copy of the
loan application.
2. Get a contingency in writing. The purchase contract
should
specify the amount, interest rate and term of the seller financing and
include
a clause allowing you to approve the buyer's financial situation
before you go
ahead with the loan.
3. Call your accountant and your attorney. Lending money
to
someone who is buying your home will affect your income tax situation.
Interest earned on the loan is taxable income. The transaction can be
treated
as an "installment sale" for tax purposes, enabling you to spread your
capital
gain on the sale over the term of the carry-back loan. The loan
documents
should be drawn up by your attorney.
4. Set a shorter term. Seller-financed loans usually have
relatively short terms?perhaps 5 years or less. Some seller
carry-backs are
very short term bridge loans that cover a gap until the buyer sells a
prior
residence or obtains long-term financing. Balloon payments are common
too.
5. Consider the collateral. Your loan to the buyer should
be
secured by the property, so you'll be able to foreclose and evict the
buyer if
he or she defaults on the loan. The home should have an appraised
value equal
to or higher than the purchase price, and the buyer's downpayment
should be at
least 10 percent of the purchase price. Otherwise, you could end up
foreclosing on a home that can't be sold to cover the outstanding
encumbrances. A sizable downpayment also reduces the likelihood of
the buyer
walking away from the mortgage obligations.
6. Hire a servicer. If you're willing to loan money to the
buyer,
but don't want to handle the paperwork or the payments, you can retain
a
contract collection or loan servicing company. This company will
compute the
principal, interest and outstanding balance on the loan, send payment
coupons
to the buyer, deposit payments into your bank account, prepare
year-end
statements and provide other services. Some servicers will purchase
the loan
outright if you later decide to take the cash.
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