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In Tennessee, can I provide owner financing if there’s an existing mortgage on the property?

Are you considering selling your home? You may be exploring various options, such as seller financing, to facilitate the sale. However, if you currently have a mortgage on your property, you might be questioning whether it’s feasible to offer owner financing in Tennessee. This is a common query we encounter, and we are here to provide clarity on the matter. In this article, we will not only address this question but also share valuable insights and strategies to help you navigate the process with confidence and success.

Here are some options:

Homeowners who are thinking about selling have several options. They can list their home through an agent, list it themselves, or sell directly to a buyer. And, many homeowners are discovering a simple strategy called “owner financing” or “seller financing” that allows them to sell their home to a buyer and collect regular payments that pay off the house:

Homeowners considering selling their property have a variety of options at their disposal. They can choose to list their home with a real estate agent, put it on the market as a “For Sale By Owner” property, or sell it directly to an interested buyer. Recently, many homeowners have become increasingly attracted to a strategy known as “owner financing” or “seller financing.” This approach allows sellers to facilitate the sale of their property by offering financing directly to the buyer, ultimately receiving regular payments that cover the cost of the house.

The process typically involves:

  1. The buyer making a down payment.
  2. The buyer making consistent monthly payments.
  3. Upon completing the agreed-upon payments, the title transfers to the buyer.

This method is appealing to homeowners as it expedites the sale process and opens up opportunities to attract a wider range of buyers, including those who may not qualify for traditional bank financing. Buyers, on the other hand, appreciate the additional choices available and the possibility of acquiring a home without adversely affecting their credit score.

For homeowners who own their property outright, entering into a seller financing agreement is straightforward. However, complications may arise for those who still have an outstanding mortgage. You may ask, “Can I do owner financing in Tennessee if I have a mortgage on the property?”

The concise response to this question is that the situation can be pretty complex. When a mortgage is involved, several factors need to be considered, including the terms of your mortgage, your lender’s approval, and the potential legal implications. Before proceeding with owner financing, it is crucial to consult with a real estate attorney, your lender, and potentially a financial advisor to ensure you understand the risks and benefits involved.

Additionally, weighing the potential consequences of navigating such a complex transaction without professional guidance is essential. By thoroughly researching and understanding the intricacies of owner financing with an existing mortgage, you can make informed decisions that protect your interests and ensure a successful outcome for both parties involved. Ultimately, while owner financing with a mortgage can be a viable option, it requires careful planning, clear communication, and an understanding of the associated legal and financial complexities.

  1. The buyer pays a down payment.
  2. The buyer pays regular monthly payments.
  3. When the agreed-upon price is paid, the title reverts to the buyer

Homeowners love it because it’s a great way to sell and a great way to find even more buyers – including those who might not be able to get traditional bank financing. Home buyers love it because it means more choices for them and they don’t have to necessarily impact their credit score to get a house.

If you own your house outright, you can do a seller financing agreement. But what happens if you have a mortgage? Maybe you’re wondering, “Can I do owner financing in Tennessee if I have a mortgage on the property?

The short answer is: it’s complicated.

Seller financing when you have a mortgage

In certain states, you can establish a “wraparound mortgage,” which allows you to extend a mortgage to a buyer, typically at a higher interest rate, while continuing to make payments on your existing mortgage to the bank. However, it is essential to note that this arrangement is not universally legal across all states and situations. There are also specific clauses and provisions you should be aware of before considering a wraparound mortgage as a viable option for your property sale.  You can also seller finance your equity to the buyer and do what’s called ‘Subject to’ your existing mortgage.  This allows the seller to take over your payments on your existing mortgage and then make a 2nd payment to you for the equity you have in the house.

Is Owner Financing Possible with an Existing Mortgage on the Property? – Exploring Your Options

If seller financing is not a viable option due to an existing mortgage on your property, rest assured that alternative solutions are available.

One such alternative is the rent-to-own approach, which shares some similarities with seller financing, such as ongoing payments and property ownership. However, there are key differences, such as the potential absence of a down payment and the requirement for the buyer to secure a mortgage from a bank at the end of a predetermined rental period.

If you are contemplating owner financing but are constrained by an outstanding mortgage, consider contacting us for guidance. As professionals in the real estate industry, we have a comprehensive understanding of various options that may be unfamiliar to you. Our team can walk you through these alternatives and provide direct assistance or connect you with the appropriate resources to address your needs.

Get in touch with us today by clicking here to fill out the form or by calling us at 615.392.1186.

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