How to Make a Down Payment for a Second Home
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  1. Seller financing with an existing mortgage
  2. Risks a seller take-back creates
  3. What happens if the buyer stops paying
  4. How a lender mortgage compares with seller financing

Question: We placed our home for sale and now an offer has come in: The buyer wants a seller-financed transaction, one where we would take back the mortgage. What are the advantages and pitfalls if we accept this offer?

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Answer: Seller financing is one alternative to a lender mortgage, and it is nothing new. Seller take-backs have been with us for as long as people have sold real estate. Still, the approach raises certain questions.

Seller financing with an existing mortgage

Does the property carry a loan now? If there is an existing mortgage on the property, how will you pay it off if you finance the sale?

In some cases, home buyers envision seller financing to mean that the owner will continue to make payments on the original mortgage. The new financing would then sit on top of it as additional debt, a so-called wraparound mortgage.

As an example, imagine that you now have a $250,000 mortgage balance at 4 percent on your home. The property sells for $300,000. The buyer might put down $10,000, so you will take back $40,000 in second-lien financing. You will also continue to make payments on the original mortgage.

No one will ask the lender for permission to assume the $250,000 loan.

You will charge the buyer 4.5 percent for financing. As a result, you will get a half percent premium on the $250,000 mortgage balance, plus 4.5 percent on the additional $40,000 in financing.

Risks a seller take-back creates

Such transactions involve a lot of risk for the seller.

First, mortgages routinely have a due on sale or acceleration clause. A lender might demand immediate repayment of the $250,000. It could argue, strongly, that you have constructively sold the residence even though you continue to make payments.

Second, you have now sold the property and have $10,000 in hand. Is that enough to acquire a replacement property? Move? How much of the $10,000 will you need for closing? If you need more cash from the transaction, a seller take-back won’t work.

What happens if the buyer stops paying

Third, what happens if the buyer doesn’t make payments six months from now? The $250,000 mortgage is an agreement between the seller and the lender. If those payments stop, the seller’s credit will suffer.

The seller with a take-back has the ability to foreclose if the buyer does not make required payments.

However, it’s not as simple as it sounds. The seller may need a lawyer to file the appropriate paperwork. In states where foreclosure goes through the courts, the process can be very slow, and lawyers are expensive.

Say the property does go to foreclosure. All the money from the property’s sale will then go first to the original lender. Only after the sale repays the entire balance will any remaining money go to the holder of the second lien. In this case, that is the seller. If the property sells at auction for $249,000, the seller who took back financing in our example won’t see a dime.

How a lender mortgage compares with seller financing

Fourth, why is a seller take-back necessary? Is there some reason the buyer cannot get lender financing? Could there be a credit problem? Even with no mortgage on the property, why extend credit to someone who can’t get a bank loan?

Fifth, if the buyer can get a lender mortgage, then the sale process is very simple. At closing you get paid and the purchaser gets the property. The sale agreement used by local real estate brokers will work very nicely to help both buyer and seller. Sale proceeds will pay off any existing mortgage on the property. If the sale price is sufficient, you’ll get a check at closing.

What you won’t get is an obligation to be involved with the property (or the lender) after settlement. You also leave behind the potential liabilities that come with seller take-backs. You’ll be out.

In all cases involving seller take-backs, it’s smart to speak with a real estate attorney before signing anything. If a seller take-back is of interest, it’s also smart to require credit reports and past tax returns. A financial professional of your choosing can review them. In addition, ask for a large cash down payment, plus sale forms and a mortgage note satisfactory to your attorney.

Check your home buying eligibility. Start here (Nov 12th, 2026)