March 26, 2022

Owner Financing in Houston: How It Actually Works

By Candra Brown · March 26, 2022

Owner financing is one of the most misunderstood tools in Houston real estate. Buyers think it is a workaround for bad credit. Sellers think it is a trap. In reality, it is just a deal between two adults that the bank never had to be part of. Done well, it gets a buyer into a house and gets a seller a steady check. Done poorly, it is a mess of paperwork and feelings. Here is how it actually works in Texas.

What Owner Financing Actually Is

In owner financing, the seller acts as the bank. Instead of the buyer getting a mortgage from a lender, the seller carries the note. The buyer makes monthly payments directly to the seller until the note is paid off or refinanced. Title usually transfers at closing, just like a normal sale. The promissory note and the deed of trust are the documents that secure the seller's position.

Why It Has Become More Common in Houston

Three reasons. First, traditional underwriting has tightened on lower-priced properties, which is a lot of inventory in Houston. Second, more long-time owners have free-and-clear properties they would rather sell on terms than pay capital gains on a lump sum. Third, the buyer pool that knows how to ask has grown. The deal has always been possible. People are just doing it more.

Contract for Deed vs. Note and Deed of Trust

These are two different structures and they are not equivalent. With a note and deed of trust, the buyer takes title at closing and the seller holds a lien. Foreclosure follows normal Texas non-judicial process. With a contract for deed, the seller keeps title until the contract is paid in full. Texas law has tightened rules around contract for deed for residential property, especially around recording, disclosure, and conversion to a deed structure after a few years.

The cleaner deal for the buyer is almost always note and deed of trust. The cleaner deal for the seller depends on the situation. Either way, run the documents through a Texas real estate attorney. Do not use a template you found online.

How to Find Owner-Financed Deals

  • MLS. A small percentage of Houston listings note seller financing as available. Search the listing remarks.
  • Direct mail to free-and-clear owners. Public records show which owners have no mortgage. A simple letter that explains terms gets responses.
  • Networking. Investors in Houston regularly carry paper. Coffee & Construction Houston is one of the rooms where buyers and sellers meet for these deals.
  • Land. Sellers of raw land in Houston are far more open to owner financing than sellers of finished homes.

What to Watch For

A few things buyers should not skip. Pull title and make sure the seller actually owns the property free and clear, or that any underlying lien is being paid off at closing. Confirm property taxes are current. Get a real appraisal or at least a broker price opinion so you are not paying retail for a tired house. Negotiate a prepayment with no penalty so you can refinance into a traditional loan when the time comes. And put a balloon date in the note that gives you enough room to make that refinance happen.

Sellers should screen buyers like a lender would. Pull credit. Verify income. Ask for a real down payment. The buyer who has nothing to lose tends to be the buyer who walks away from the keys.

Where Owner Financing Fits in the Bigger Picture

Owner financing is a tool. It is not a strategy by itself. For first-time buyers in Houston who have a recent credit hiccup, it can be a bridge to ownership while they rebuild for a refinance. For investors, it can be a way to acquire land or small rentals without bank involvement. For sellers, it can be a way to spread capital gains and get a steady return.

I cover this in detail at Coffee & Construction Houston because it is the single most common tool people have heard of and least understand. If you want to learn how working Houston developers actually use it, the room is The Construction Lounge. You can also read about my work as a Houston developer or about BEDDIEO Construction & Design, the firm behind the workshop.

"Owner financing is not a loophole. It is a deal between two adults that the bank never had to be part of."

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Coffee & Construction is the original Houston workshop series, curated by Candra Brown of BEDDIEO Construction & Design. Four years running. The next session is at The Construction Lounge in Houston. Reserve your seat below.

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Candra Brown is a Houston developer, builder, carpentry apprentice, real estate agent, and certified educator. She is the founder of The Construction Lounge, the creator and curator of Coffee & Construction, and the Managing Member of BEDDIEO Construction & Design LLC.