What is the Advantage of a Contract for Deed if Building My Own Son's Home?

Full question:

HIwe are taking out a 2nd mortgage to help our son build a new home. It is hard for him to get a construction loan on his own.So my husband and I, would finance with a 2nd mortgage against our home, and self contract the home ourselves for our son.We have built 5 homes over the last 30 years for ourselves, and moved into each of them lived in them for a while, then sold and built again. We know the construction steps Upon completion of this home, our son would get his permanent financing and pay us back for only what the home costs us to build. So we would not make any profit on it. we are also giving him a acre of land to build it on.so my question is: taking into consideration, our income tax, also realestate taxes, and were not sure, but thought when you self-contract a home, the person building the home has to occupy the home for at least a year... we wouldn't be living in it, our son will be the owner, but not sure if that matters in this case, since we are financing with a 2nd mortgage not a construction loan.So my question is: Should we survey & deed the land over to our son first,then have him take out permits in his name, and do all the self-contracting in HIS name from the start or deed over to him after he gets his permanent financing and pays us back? thanks,

• Category: Real Property
• Subcategory: Sales
• Date: 04/07/2025
• State: Wisconsin

Answer:

I'm assuming that by "self-contract a home", you'r referring to a land contract or contract for deed. A contract for deed, or land contract, is often used as an alternative means of financing the purchase price of property. The buyer does not receive an actual deed until payments are made under the terms of the contract for deed agreement. Until the buyer receives a deed, ownership isn't transferred and the property is subject to being foreclosed on if the mortgagee/owner defaults on the mortgage. The responsibility for payment for the property is a separate issue from the ownership of the property.

If there is a mortgage on the property, the contract may violate a due-on-sale clause in the mortgage which the lender may or may not seek to enforce. Most lenders require that the mortgage or deed of trust contain a due on sale clause. This is an acceleration clause in a loan, calling for payment of the entire principal balance in full, triggered by the transfer or sale of a property. Such a clause permits a secured mortgage lender (federal, state or private) to call the entire unpaid loan balance due and payable immediately if the property securing the loan is sold, transferred, traded, gifted or otherwise disposed of without the lender’s prior written consent.

Please see the information at the following links for further discussion:

http://ezinearticles.com/?The-Advantages-of-Buying-With-Owner-Financing&id=1595064
http://www.curtepperson.com/seller.htm
http://www.ehow.com/how_8133_offer-seller-financing.html

A promissory note may be secured or unsecured. When it is secured, it means that property, called collateral, may be taken by the lender if the borrower fails to pay the loan payment. If the debtor files bankruptcy, the lender may be able to recover the value of the loan by taking possession of the specified collateral instead of receiving only a portion of the borrowers property after it is divided among all creditors. Collateral may be many different types of property, such as shares of stock of a company, inventory, accounts receivable, etc.

A promissory note may provide for payments to be made in installments or in a lump sum. The terms may provide for a series of smaller payments at the beginning of the loan period and a larger balloon payment at the end of the loan period. The option for a confessed judgment agreement, also called a cognovit note, may also be included. A confessed judgment agreement requires the debtor not to claim defenses and agree to have a judgment entered against him if he fails to pay and the matter is taken to court.