Recorded mortgage or a land contract: which one is the better thing to hold?
For anyone who hasn't run into this yet, when you finance a sale yourself there are two common shapes and they are not the same asset.
First shape. You deed the property to the buyer at closing and the buyer signs a promissory note plus a mortgage or deed of trust that gets recorded against the property. The buyer owns the house. You hold a lien. If they stop paying you enforce the lien through whatever process your state uses, which is judicial in some states and nonjudicial in others, with very different timelines and costs.
Second shape. A land contract, also called a contract for deed or installment land contract depending where you are. You keep legal title and the buyer takes possession and pays over time, and the deed transfers when the balance is paid. Remedies here are governed by state statute and case law, and several states have consumer protection rules that treat a land contract buyer with substantial equity closer to a mortgagor, so the fast forfeiture people imagine may not be available. Whether that's true where your property sits is a lawyer question in that state.
Why anyone cares from a capital view. The first shape is the standard, plain, recordable instrument the note market is built around. The second gets used on low balance deals where the cost of a full foreclosure would swallow the equity.
I lean one way and I've seen people I respect argue the other, so I'll keep it to myself and let the room vote.
When you carry, which security structure do you want to be holding?
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