SELLER FINANCING UNDER DODD-FRANK This new rule also applies to sellers of residential dwellings to consumers in which the seller provides financing to the consumer secured by a mortgage on the dwelling, unless the seller is entitled to certain exclusions.
If a buyer defaults, your options fall into two general categories: Mutual Agreement Options: 1) contractual solutions; 2) negotiation; 3) mediation. Dispute Resolution Options: 4) arbitration; 5) small claims court, and 6) litigation in the superior courts.
Dodd Frank only applies to residential mortgage transactions secured by a dwelling. It does not apply to transactions involving commercial property, vacant land or investment property. Does the lender own the property?
Most seller notes are characterized by a maturity term of around 3 to 7 years, with an interest rate ranging from 6% to 10%. Because of the fact that seller notes are unsecured debt instruments, the interest rate tends to be higher to reflect the greater risk.
Possible foreclosure. If the buyer stops making payments and won't leave the property, you might need to start the foreclosure process, which could take months or even years.