A state that sells on terms
Owner financing is used freely in Texas. Investors in Houston, Dallas and Fort Worth, San Antonio and Austin sell houses on terms as a business. Land developers sell lots and small acreage the same way in the Hill Country, East Texas and the counties ringing the major cities. Ranch owners carry notes when they sell off a tract, and families in El Paso and the Rio Grande Valley have long sold homes to buyers who do not use banks. A Texas note holder might be a retiree with a single note or an investor with twenty, and the sale works the same way for both. An investor whose notes reach into Oklahoma, Louisiana or New Mexico holds them under different rules, set out state by state.
The deed of trust and the usual foreclosure route
In Texas a note is commonly secured by a deed of trust, a recorded document naming a trustee who can sell the property if the payer defaults. Foreclosure is commonly non-judicial, which means the trustee’s sale generally takes place without a lawsuit, under a procedure laid down in state law. That generally keeps a buyer’s expected recovery cost down, which works modestly in your favor.
Texas also gives a person’s homestead strong legal protection, which limits the kinds of lien that can attach to a home. A buyer will look at how your lien was created. Where a note taken back at the sale stands under those rules, and what the current foreclosure procedure requires, are questions for a Texas attorney or title company.
What a buyer checks on a Texas note
Price comes from what the buyer needs to earn on their money, which they get by paying you less than the balance. On a Texas file the review then turns to the points below.
An underlying loan
In a wraparound, the property still carries an older loan and your note sits on top of it. A buyer of a wraparound mortgage note needs the balance and status of that loan and proof of who is paying it.
A contract for deed
Texas regulates these on residential property, and some holders have replaced theirs with a note and deed of trust. If you still hold a contract, a buyer will check how it was set up and will price a contract for deed differently from a mortgage. Wrap or contract, say which in the first line when you give us your note details, along with the county.
Property taxes
Owner-financed deals often leave the payer to handle taxes directly. Unpaid property taxes can come ahead of your lien, so a buyer checks the county tax record, and you can check it before they do.
How the note was made
Buyers also review how the loan was originated. Keep the closing documents from your sale with the file, along with a note of who prepared them.
What you can verify for them
The part of the price within your reach is what the buyer can verify. A recorded deed of trust, a third-party servicer’s payment history, current tax receipts and proof of insurance each remove a doubt that a buyer would otherwise charge for. Of the four, the tax record is the one you can check today without anyone’s help, by asking the county tax office if the account is current.