Selling my house with wrap around mortgage need some help

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I have a home with a first mortgage. I want to sell it doing owner finance, but I do want to keep the mortgage as I cannot pay it now. I need advice on how to protect myself, what contracts I will need . I heard that its better if I keep the house on my name til buyer finish to pay the loan. How I can protect myself against buyer not paying the mortgage?

Attorney Answers

2
Dana Atchley ·
You need to speak with a real estate lawyer about what you're attempting to do. Generally speaking, when a property is sold, the lender holding the mortgage on that property expects to be paid in full unless it has expressly agreed to have the buyer assume the mortgage. Even if you keep the property in your name but move out and let someone else move in, you might have issues under the mortgage loan (some mortgages require that the borrower use the property as their residence). Please speak with a real estate attorney first.
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Keith Pickard ·
I would want to review your note, but I've never seen a wrap without a due-on-sale clause that also includes lease-to-owns. It will all depend upon the language of the note. You can always do as you please, hoping the lender will never know, but it's likely that they will find out. Even delaying the recording of the deed of trust won't prevent them learning of the sale as many lenders do regular reviews of utility connection orders. So you're in a bit of a minefield if you go down that road. You would probably do better to have the buyer pay a significant down payment that would allow you to refinance the note with one that allows you to do what you want to do.
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