Sold 34 acres on my own paper, and the partial release clause almost killed it
Closed three weeks ago on 34 acres of raw land I'd sat on for nine years, no debt against it, taxes about 1,400 a year.
Price 168k, buyer put 25% down (42k), I carry 126k at 8.5%, 15 year amortization, 5 year balloon. Payment is 1,241 a month. I record a first lien, he pays taxes and shows me the receipt annually with a default trigger if he doesn't, and insurance isn't a factor on bare dirt beyond a liability policy he carries.
The part that nearly broke it. His attorney came back asking me to agree to subordinate my lien to a future development loan, meaning if a bank later lent him money to put in a road and utilities, that bank would sit in front of me on all 34 acres. I said no twice. He said no deal without a path to financing improvements. We were four days from both of us walking.
What we landed on instead was a partial release schedule. He can get individual acres released from my lien by paying 6,200 per acre against principal, which is 25% above the 4,940 average allocated price, and no release happens while the note is more than 15 days late. Releases run from the road frontage inward in the sequence attached as an exhibit, so he can't peel off the four good acres with the pond and leave me holding the back slope. The title company handles each partial release deed and he pays that fee.
So he gets his financeable parcels one at a time and I stay in first position on everything I still hold. My attorney drafted the release exhibit and it cost 2,400, which is the single best money I spent on this deal.
What I'd keep: the release premium, the sequence exhibit, and refusing subordination twice. What I'd watch: if he releases six acres fast, my balance drops to 89k and my monthly income drops with it, which is fine but it isn't what I modeled.