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What is a Seller Finance or 'Subject to'?

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Seller financing normally refers to one of two things:

1. The seller can act as a bank and instead of receiving all or a portion of their equity at the time of closing of the deal, they may 'lend' it to the buyer and receive a regular payment as usual, or else as agreed upon earlier. What they may receive is a variety including no payments, principal only payments, interest only payments, or else a combination. Otherwise it could be an interest only loan, or an amortized loan. Additionally it could carry either an interest payable at a fixed rate or a variable rate. These will vary depending on the terms of the contract agreed upon between the buyer and the seller.

2. The seller can allow the buyer to take over the loan that he or she has availed of. This can be done in two ways; the first is called an 'assumption', as per which the lender formally allows the buyer to assume the loan which entails the approval of the buyer's credit, and normally also a modification of existing loan terms. The other method is called a 'subject to' as per which the lender is not contacted, and the buyer buys the property 'subject to' the existing financing. This can be financially risky in several ways, since many loans have acceleration clauses which permit the lender to call the loan due if the property is transferred