Owner Financing Mortgage Contract Template for United States

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Key Requirements PROMPT example:

Owner Financing Mortgage Contract

"I need an Owner Financing Mortgage Contract for a residential property sale in Florida, with a 30-year term and 6% interest rate, including provisions for early payoff without penalty, to be executed by March 2025."

Document background
The Owner Financing Mortgage Contract serves as a crucial alternative financing tool in U.S. real estate transactions where traditional bank financing may not be available or desired. This document establishes a direct lending relationship between property seller and buyer, typically used when buyers don't qualify for conventional mortgages or when sellers seek regular income through interest payments. The contract must adhere to federal regulations including TILA and RESPA, plus state-specific requirements. It includes essential elements such as property description, loan terms, payment schedules, security interests, and default provisions.
Suggested Sections

1. Parties: Identification of lender (seller) and borrower (buyer)

2. Background: Context of the transaction and property details

3. Definitions: Key terms used throughout the document

4. Property Description: Legal description of the mortgaged property

5. Loan Terms: Principal amount, interest rate, payment schedule, and term

6. Security Interest: Creation of the mortgage lien

7. Payment Terms: Details of payment methods, dates, and late fees

8. Default Provisions: Consequences and remedies for default

9. Insurance Requirements: Required property insurance and terms

Optional Sections

1. Prepayment Provisions: Terms for early payment of the loan

2. Due-on-Sale Clause: Requirement to pay full amount if property is sold

3. Escrow Provisions: Terms for handling taxes and insurance through escrow

Suggested Schedules

1. Payment Schedule: Amortization table showing payment breakdown

2. Property Description Exhibit: Detailed legal description of the property

3. Insurance Requirements Schedule: Detailed insurance coverage requirements

4. Truth in Lending Disclosure: Federal required loan cost disclosures

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Industries

Truth in Lending Act (TILA): Federal law that requires lenders to provide standardized disclosures about loan terms and costs, protecting consumers in credit transactions including owner-financed mortgages

Real Estate Settlement Procedures Act (RESPA): Federal law governing real estate settlement processes, requiring disclosure of settlement costs and prohibiting kickbacks in real estate transactions

Dodd-Frank Wall Street Reform: Federal legislation that includes provisions affecting owner-financing, particularly regarding loan origination and servicing standards

Equal Credit Opportunity Act (ECOA): Federal law prohibiting discrimination in credit transactions based on race, color, religion, national origin, sex, marital status, age, or public assistance program participation

Fair Housing Act: Federal law prohibiting discrimination in real estate transactions, including financing, based on protected characteristics

State Usury Laws: State-specific regulations that set maximum legal interest rates for loans and mortgages

State Mortgage Regulations: State-specific rules governing mortgage creation, terms, and enforcement, including licensing requirements for seller-financing

State Recording Requirements: State-specific rules for properly recording mortgage documents with local authorities

State Disclosure Requirements: State-mandated disclosures that must be provided to borrowers in mortgage transactions

State Contract Laws: General contract law principles governing formation and enforcement of contracts in the specific state

Local Recording Requirements: County or municipal requirements for recording real estate documents and mortgages

Property Tax Regulations: Rules governing property tax assessment, collection, and allocation between parties in a mortgage transaction

Insurance Requirements: Mandatory insurance coverage requirements for mortgaged properties

Due-on-Sale Clause Regulations: Rules governing the enforcement of due-on-sale clauses in owner-financing situations

Foreclosure Laws: State-specific procedures and requirements for foreclosure in case of default on the mortgage

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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