Owner Financing & Note Investing Podcast with Dawn Rickabaugh

Widow Left with Seller Financing Nightmare: Fixing Fraud in Creative Finance


Listen Later

In this comprehensive discussion, Dawn delves into the intricacies, opportunities, and pitfalls of creative real estate financing—particularly seller financing, seller-held notes, and contract-for-deed arrangements. 

The conversation is framed around real-life case studies involving high-equity sellers, ethical considerations, and practical challenges in managing seller-financed deals. 

Dawn shares her personal experiences, including a detailed story about helping her cleaning lady and others caught in problematic seller-financed home purchases with incomplete or unrecorded paperwork. 

The narrative exposes the risks of unscrupulous sellers who exploit buyers through poorly structured deals and highlights the importance of legal, ethical, and transparent financing arrangements. 

Dawn also discusses market dynamics, the risks of lease options and subject-to deals, and the need for education and certification in this niche to protect all parties involved. 

The session ends with reflections on bridging the gap between older equity-rich sellers and younger buyers, emphasizing the win-win potential of seller financing when done correctly.

### Highlights  

- 🏠 Seller financing and contract-for-deed deals can unlock massive value, especially with high-equity sellers.   - ⚠️ Poorly structured deals and unethical sellers give creative financing a bad name and expose buyers to significant risk.   - 🤝 Ethical, transparent, and legally protected seller financing is a powerful tool for passive income and wealth creation.   - 📉 Lease options and subject-to deals carry high risk due to lack of proper disclosure and potential loan acceleration.   - 💡 Education, certification, and proper note servicing are crucial for investors and agents involved in seller financing.   - 👵 The majority of national home equity is held by older generations needing exit strategies, while younger buyers seek alternative financing.   - 💬 Real-life case studies demonstrate the importance of balancing empathy, legal rigor, and practical solutions in distressed seller-financed situations.  

### Key Insights

 - 🏦 **High-equity sellers represent a significant opportunity in real estate financing.** With 38% of properties holding $32.8 trillion in equity nationwide, focusing on these sellers through seller financing can yield substantial returns without resorting to risky, complicated structures. Dawn emphasizes that the "juice" is in these high-equity deals, which are often overlooked by mainstream investors chasing volume over quality.  

- ⚖️ **Ethics and legality are paramount in creative financing to protect vulnerable buyers.** Dawn’s story about his cleaning lady’s problematic purchase illustrates how some sellers exploit buyers with unrecorded contracts, imbalanced terms, and predatory behavior. Such deals harm the reputation of seller financing and highlight the need for full transparency, proper documentation, and recorded contracts to avoid leaving buyers "hanging out in the wind."  

- 🔄 **Seller financing offers resilience and passive income even in turbulent times.** Dawn recounts how her note business sustained her during personal and global upheavals, underscoring the value of consistent cash flow and built-in equity over chasing commissions or traditional broker fees. This stability allows investors and sellers to reset, avoid the "hamster wheel," and build a sustainable financial foundation.  

- 📜 **Incomplete or missing paperwork in seller-financed deals creates complex legal and practical challenges.** The story of the widow inheriting a messy portfolio without proper documentation reveals how difficult it is to enforce terms, protect equity, or negotiate with occupants who may have conflicting interests. This situation necessitates creative, case-by-case solutions such as restructuring into mortgages, lowering interest rates, or converting to leases, each with its own risks and compromises.  

- ⚠️ **Lease options and subject-to deals are often misunderstood and mishandled, leading to significant risks for sellers and buyers.** Dawn and her guest Bob discuss how many investors fail to fully explain or underwrite these deals, resulting in defaults, credit damage, and loss of control over the property. The potential for lender acceleration of the underlying mortgage adds another layer of complexity, requiring thorough knowledge, proper disclosure, and contingency planning.  

- 🎓 **There is a pressing need for specialized education and certification in seller financing and note investing.** The conversation reveals that many real estate professionals, including agents, attorneys, and brokers, lack expertise in the secondary note market and creative financing structures. Developing certification courses and training can empower these professionals to offer accurate advice, protect clients, and facilitate smoother transactions.  

- 👵👶 **Bridging generational gaps in real estate equity through seller financing creates win-win solutions.** Older homeowners control the bulk of equity and often seek hassle-free income or exit strategies, while younger buyers struggle to qualify for traditional financing. Seller financing can connect these groups effectively, enabling seniors to monetize their assets and younger buyers to access homes without conventional bank loans. However, this requires careful structuring to address differing needs and risks.  

- 🤝 **Investor involvement and ongoing management are critical to success in seller-financed deals.** Dawn stresses that high-volume wholesalers and partially trained investors often overlook the responsibilities involved, leading to poor outcomes. Investors must stay engaged, understand the risks, and have plans to manage defaults or loan accelerations. Treating seller financing as a boutique, hands-on business rather than a volume game ensures better protection for all parties.  

- 💸 **Creative financing tools can be used humanely or exploitatively, depending on intent.** Dawn’s approach to offering an option to a distressed homeowner (instead of foreclosing) exemplifies how these tools can preserve equity and dignity. Conversely, unscrupulous sellers who expect to reclaim properties repeatedly at buyers’ expense degrade the reputation of seller financing. The ethical dimension influences not only outcomes but also regulatory scrutiny and market perception.  

- 🏘️ **Property management challenges in seller-financed deals often extend beyond financial issues to social and safety concerns.** The case of occupants bringing in unapproved residents, threatening eviction processes, and creating unsafe environments highlights how seller financing also carries landlord-like responsibilities and risks, which sellers or note holders must be prepared to handle.  

- 🔍 **The secondary note market remains largely invisible yet represents a critical component of real estate finance.** Dawn laments the lack of awareness about seller financing outside niche circles, even among real estate professionals. Increasing public knowledge can unlock significant opportunities for both investors and homeowners, expanding the toolbox beyond conventional bank loans.  

- 📈 **Market conditions influence the viability and structuring of seller-financed deals.** Rising property values can help distressed sellers avoid foreclosure losses, while deteriorating markets increase risk. Investors must tailor strategies accordingly, balancing affordability, equity preservation, and exit options.  

- 💬 **Engaging community input and peer discussion helps refine strategies and share best practices.** Dawn’s live interaction with participants reveals diverse perspectives and solutions, reinforcing that seller financing is complex and context-dependent, with no one-size-fits-all answers.  

In sum, this video transcript provides a deep dive into the nuanced world of seller financing, blending practical casework, ethical considerations, market insights, and strategic advice to illuminate how this powerful tool can be leveraged responsibly for mutual benefit.

...more
View all episodesView all episodes
Download on the App Store

Owner Financing & Note Investing Podcast with Dawn RickabaughBy Dawn Rickabaugh | Expert Advice for building wealth through Owner Financing & Note Investing

  • 4.5
  • 4.5
  • 4.5
  • 4.5
  • 4.5

4.5

19 ratings