Utah Couple Discovers Seller Financing Deal Leaves Home at Risk of Foreclosure
A Utah couple purchased a $1 million home through what they believed was seller financing. One year later they learned the original mortgage remained on the property and the insurance policy stayed in the sellers' names.
smallbiztrends.comA Utah couple bought a $1 million home after paying $750,000 upfront and agreeing to pay the sellers an additional $380,000. The buyers said they thought the transaction was a seller-financed purchase and that the deed transfer confirmed ownership. They later found that the sellers had kept their original mortgage, which still carried a balance of about $320,000.
Personal finance commentator Dave Ramsey said most standard mortgages contain a due-on-sale clause that allows the lender to demand full repayment within 30 days if ownership changes without approval. Ramsey stated that if the lender learns of the transfer and the sellers cannot repay the loan, the lender could foreclose on the property.
The buyers also reported that the homeowner's insurance policy had not been updated and remained under the sellers' names. Ramsey said the policy could be considered invalid because the sellers no longer hold legal ownership of the home. Co-host Jade Warshaw described the arrangement as a mess after hearing the details.
Key Facts
Story Timeline
2 events- One year after purchase
Couple learned the sellers had kept the original mortgage on the home.
1 sourceBenzinga - During radio segment
Dave Ramsey explained the due-on-sale clause and potential foreclosure risk.
1 sourceBenzinga
Potential Impact
- 01
The lender could demand full repayment of the mortgage within 30 days if it learns of the ownership transfer.
- 02
The homeowner's insurance policy could be declared invalid because the named insured parties no longer own the property.
Transparency Panel
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