San Antonio Texas Contract for the Sale of Residential Property - Owner Financed with Provisions for Note and Purchase Money Mortgage

State:
Multi-State
City:
San Antonio
Control #:
US-01324BG
Format:
Word; 
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Description

This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

A San Antonio Texas Contract for the Sale of Residential Property — Owner Financed with Provisions for Note and Purchase Money Mortgage is a legal document used in real estate transactions where the seller acts as the lender, offering financing to the buyer. This type of contract is commonly used in situations where the buyer is unable to secure traditional bank financing or wishes to bypass the standard mortgage process. The contract contains detailed provisions that govern the sale of a residential property, outlining the terms and conditions agreed upon by both parties. It includes important elements such as the property's legal description, sale price, down payment, and interest rate. Additionally, the contract highlights the agreed-upon terms for the promissory note and purchase money mortgage. Variations of this contract may include: 1. Fixed-Rate Mortgage Contract: This type of contract stipulates a fixed interest rate over the loan term, providing the buyer with predictable monthly payments. The interest rate is agreed upon at the time of the contract signing and remains constant, ensuring stability for the buyer. 2. Adjustable-Rate Mortgage Contract: In this variation, the interest rate is not fixed but adjustable according to a predetermined index. The interest rate may change periodically, causing fluctuations in the buyer's monthly payments. This type of contract appeals to buyers who anticipate interest rates decreasing in the future. 3. Balloon Mortgage Contract: A balloon mortgage contract features lower monthly payments initially, allowing the buyer to make smaller payments for a specific period. However, at the end of this term, a substantial "balloon" payment is due, typically covering the remaining balance of the loan. This type of contract gives buyers time to plan for the final payment. 4. Installment Land Contract: Also known as a contract for deed or land contract, this variation allows the buyer to gain equitable title while the seller retains the legal ownership of the property. The buyer makes regular payments to the seller under agreed-upon terms until the full purchase price is paid. Once the buyer satisfies the contract, they obtain full ownership rights. By providing owner financing options, the San Antonio Texas Contract for the Sale of Residential Property — Owner Financed with Provisions for Note and Purchase Money Mortgage enables buyers to achieve homeownership even when facing obstacles traditionally associated with securing a mortgage. This type of contract offers flexibility for both parties to negotiate terms that suit their individual needs.

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Must-have contract financing terms such as loan payment amounts, interest, taxes, insurance, and additional fees....Spell out the big numbers: How much are you willing to lend? The agreed-upon sales price. The non-refundable deposit amount. The remaining loan balance.

In an owner financing arrangement, you borrow from the seller instead of a conventional lender such as bank. You pay a fixed amount of monthly installment to the owner for a fixed number of years. The seller can foreclose if you don't pay off the loan, just like a bank does.

The seller's financing typically runs only for a fairly short term, such as five years, with a balloon payment coming due at the end of that period.

The installment arrangement works like this: The contract states that the seller will keep title to the property until you pay off the loan. (You normally pay the loan off in a series of regular payments, similar to a standard mortgage.) After you do so, the seller signs a deed transferring title to you.

Cons for Buyers Higher interest: The interest you pay will likely be higher than you would pay to a bank. Need seller approval: Even if a seller is game for owner financing, they might not want to be your lender.

Texas no longer allows owner-financing under last year's Texas House Bill 10 the SAFE Act unless the seller has a license. SAFE (which stands for Secure and Fair Enforcement for Mortgage Licensing Act) was passed in order to comply with a federal law of the same name.

Must-have contract financing terms such as loan payment amounts, interest, taxes, insurance, and additional fees....Spell out the big numbers: How much are you willing to lend? The agreed-upon sales price. The non-refundable deposit amount. The remaining loan balance.

With owner financing, the borrower typically pays taxes directly to the relevant agency and insurance premiums to their insurance company. Importantly, though, buyers and sellers can use the owner-financing agreement to dictate how these payments are handled.

Risk of Unfavorable Loan Terms From the Seller Sellers who are extending their own financing (also called "taking back a mortgage") often charge a higher interest rate than institutional lenders, because of the increased level of risk that the buyer will default (fail to pay, or otherwise violate the mortgage terms).

Here are three main ways to structure a seller-financed deal: Use a Promissory Note and Mortgage or Deed of Trust. If you're familiar with traditional mortgages, this model will sound familiar.Draft a Contract for Deed.Create a Lease-purchase Agreement.

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San Antonio Texas Contract for the Sale of Residential Property - Owner Financed with Provisions for Note and Purchase Money Mortgage