Creative Seller Financing Checklist Page 1 of 10 Copyright © 2014 Chuck Sutherland Get the Facts on the Property

Asking Price What is the asking sales price of the property? How important is price in completing the transaction … to the Buyer… to the Seller?

Mortgages Is there an existing Mortgage(s)? Current balance due? Who is the Lender? How you read the note and mortgage documents?

Seller's Equity How much equity does the Seller have based upon the proposed selling price?

Monthly Payment What are the monthly payments for the existing loan(s)? Are the loan payments current?

Property Condition What is the physical condition of the property? What items need to be repaired? What items should be improved or replaced?

Neighborhood What are the potential Benefits from Benefits the neighborhood?

Neighborhood What are the potential Detriments Detriments from the neighborhood?

Other Property Facts

Benefits the Seller What Benefits is the Seller looking for is seeking from selling the property?

Seller's Motivation What will the Seller "Do" to get those Benefits?

Other Seller Information

Benefits the Buyer What Benefits is the Buyer looking for is seeking from buying the property?

Buyer's Motivation What will the Buyer "Do" to get those Benefits?

Other Buyer Information

How Could I Use Basic Owner- Financing?

How Could I Use Negotiate Financing Terms To Increase Value?

How Could I use Owner- Financing and Sell The Note?

How Could I Use Subordinate the Carry-Back Financing?

How Could I Use Sell Property By Financing The Parents, Family Or Friends? How Could I Use Sell Property By Financing Other Property?

Loan On Future Sales Proceeds?

How Could I Use Lease with an Option to Purchase?

Proposed Actual What is the proposed selling price? Selling Price Will this price assist the seller in accomplishing their goals? Will this price assist the buyer in accomplishing their goals? If not, Proposed Seller What is the amount of the proposed Financed Note and seller financed note? What are the Mortgage proposed terms? Payments, interest rate, balloon date on note, security, etc.? Amortization Over If the monthly payment on the loan What Period were paid consistently on the due date, how long would be required to fully pay off the note?

Balloon Payoff Is there a balloon date for a mortgage Date (If Any) payoff -- a date at which the entire mortgage balance is due and payable -- prior to the loan being fully amortized? Special Terms of Are there any special terms in the the Seller Seller financing (for example, an Financing option to repurchase, additional financing provided by Seller or Lender)? Interest Rate on What is the Interest Rate on the loan? Seller Financed Note

Any provision for Changes in the interest rate can be adjustment of planned (such as Adjustable Rate interest rate? Mortgages) or unplanned (such as an increase in the interest rate in the event of default). Signed Contract to Until there is a Purchase and Sell Purchase and Sell Agreement that is fully executed by both the Buyer and the Seller, there is no deal.

Preliminary Title The Buyer will want an Owners Title Report / Title Policy insuring the title as of the date Policy of closing. The Seller may want a Mortgagee's Title Policy insuring the title to the Security for the Seller Appraisal Provided The Seller may want an appraisal in order to be able to sell the Note and Security Instrument after closing.

Loan Application Even though Seller Financing is Completed for the provided, the Seller may want to have Seller financing a Loan Application from the Buyer.

Credit Report Even though Seller Financing is provided, the Seller may want to have a Credit Report on the Buyer.

(Note: This list is Not All-Inclusive)

Type of Security The Security Instrument could be in Instrument for The many different forms (for example: Seller Financing Mortgage, Deed of Trust, Land Contract, etc.), The "Mortgage" is used to represent of the various forms Date of Execution The Date of the Execution of the Note of Instruments and Security Instrument can create a problem in the priority status of the Mortgage.

Initial Loan What is the note amount at the time Amount of execution of the note and security instruments?

Payment Amounts This typical includes the designated amount and due date of all payments and the dates and frequency by then they are due.

Name of Borrower This is the exact legal name or names of the borrower, and frequently includes the manner in which title is held (for example, tenants in common with rights of survivorship). Name of Lender This is the exact legal name or names of the Lender.

Name of Trustee (if Under a Deed of Trust, the Trustee any) acts as a fiduciary for both the Borrower and the Lender.

Servicing Agent Name of Company or Institution that is providing serving of the mortgage, if any (could be the Lender themselves).

Legal Description Have you reviewed the legal of Property being description of the property being pledged secured to confirm that it exactly matches the legal description in the title commitment or any other Prior Liens List of Any Liens or Loans which have priority over the Seller Financed Mortgage

Borrower's Rights What are the rights and duties of the and Duties Borrower?

Lender's Rights What are the rights and duties of the and Duties Lender?

Trustee's Rights What are the rights and duties of the and Duties Trustee (if any)?

Is there an Escrow Is the Borrower required to pay any Account for taxes amounts into an escrow account for and/or insurance? the payment of taxes and insurance? To whom and by when are the escrow payments required to be made? Late Charges Are there any provisions for late charges if the payments are not made by a certain date?

Notice Clause The Notice Clause sets forth the names and contact information for any notices to be provided by the parties.

Real Estate Taxes By what date are all property taxes Payment required to be paid? Are any notices Requirements required to be given to the Lender concerning the payment of property taxes? Property and What is the amount and type of Liability Insurance property and liability insurance that Requirements the Borrower is required to carry in order to protect the Lenders security collateral? Taxes and Under what conditions does failure to Insurance Default pay taxes and insurance as provided Clause in the terms of the note and security instrument constitute a default?

General Default After what period of time and under Clause what conditions can the Lender declare the Borrower in default?

Acceleration: In the event the Lender declares the Rights and loan in default and exercises their Remedies right to accelerate the due date on the loan, what rights and remedies does the Borrower have? Due On Sale Is there a provision that the loan must Clause be paid in full in the event of a transfer of title by the Owner / ‐ ‐ Mortgagee to another party?

Inspection Clause Under what conditions and with what prior notice may the Lender or Lender's representative inspect the property?

Credit Inquiry Does the Lender or Servicing Agent Clause have the right to order a credit report on the borrower and under what conditions?

Other Clauses Are there any Other Clauses or Special Clauses in the Note or Mortgage?

Note: Retain competent legal counsel to draft all legal agreements.