Deeds of Trust, Promissory Notes, Installment Sales, Seller Financing, AITD

Posted on: February 27, 2014

Most real estate sales involve financing in the form of mortgages secured by Deed of Trust. Sometimes the seller will ‘carry back’ some financing – part of the purchase price – secured by a junior deed of trust or an all-inclusive deed of trust (AITD) .  Seller financing may entail a risk of loss of equity, foreclosure and lender acceleration of the underlying mortgage based on the due –on-sale provisions in the underlying mortgage.  A real estate attorney can structure seller financing agreements to minimize or avoid some of the risks of seller financing.

Posted in: Real Property - Transactional • • •