How to Sell Contract for Deed Payments
By Sierra Davis, Principal & Fund Manager, Essential Income Fund IPublished Last reviewed
Short answer
You can sell the remaining payments on a contract for deed (also called a land contract) to a note buyer for a lump sum. The buyer prices the contract by discounting the remaining payments to its required yield, and at closing the seller's interest in the contract, and typically the legal title it holds, is assigned to the buyer. Essential Investment Group is one example of a buyer that quotes contracts for deed.
With a contract for deed, you kept legal title and your buyer moved in and started paying you. That payment stream is an asset. Like a mortgage note, it can be sold.
Contracts for deed have a few wrinkles that regular notes don't. Here's how the sale works, what a buyer checks, and how the price is set.
What you're actually selling
With a mortgage note, the buyer owns the property and you hold a lien. With a contract for deed, you still hold legal title, and the buyer holds equitable title while paying. So when you sell, you generally assign two things to the note buyer.
- Your right to the payments: the remaining installments due under the contract.
- Your interest in the property: usually the legal title you hold, conveyed subject to the contract, so the new holder can deliver the deed when the contract is paid off.
How this is documented varies by state and by the contract. A title company or real estate attorney typically handles the assignment and the deed.
State rules buyers check
Contracts for deed are treated very differently from state to state. Some states allow a forfeiture process if the buyer defaults. Others treat the contract much like a mortgage and require foreclosure. Some states, Texas among them, have specific statutory requirements for residential contracts for deed, such as disclosures, recording and annual statements. Owner-occupied contracts may also fall under federal and state lending rules.
A buyer will look at whether the contract was recorded, whether required disclosures were given, and what remedies apply if payments stop. This is general information, not legal advice. A real estate attorney in your state can tell you where your contract stands.
How buyers price contract for deed payments
Note buyers typically offer a discounted price. They take the payments remaining on the contract and work out what they're worth today at the yield they need. More risk means a higher yield and a lower price.
- Rate and remaining term: how the contract rate compares to the buyer's required yield.
- Seasoning and payment history: many buyers want at least 12 months of consistent payments.
- Down payment and LTV: how much equity the occupant has built.
- ITV: what the buyer pays compared to the property's value.
- Paperwork and compliance: a signed contract, recording, required disclosures and payment records.
- Property type and state: the property's resale market and the state's remedies on default.
| Contract feature | Tends to support a higher price | Tends to lower the price |
|---|---|---|
| Recording | Contract or memorandum recorded | Unrecorded |
| Disclosures | State-required disclosures given and documented | Missing or unknown |
| Payment records | Ledger or third-party servicer | Cash payments, no records |
| Equity | Meaningful down payment | Little or nothing down |
| Title | Clear title in the seller's name | Liens or title questions |
| Property | Occupied single-family home | Vacant or hard-to-value property |
Documents to gather
- The settlement statement from the original sale, if there was one.
- The signed contract for deed and any recorded memorandum.
- A payment record with dates and amounts.
- Your vesting deed showing title in your name, and any title policy.
- Any disclosures given to the buyer, plus insurance and property tax information.
How the sale works with Essential Investment Group
We buy mortgage notes, deeds of trust, land contracts and contracts for deed. Submit your contract details through our quote form. We evaluate the contract and send a quote, typically in less than 48 hours. You review it with no pressure and no obligation. If you accept, we close and you receive your cash.
We look at performing and non-performing contracts, and we can quote all of the payments or only part of them. If a contract isn't one we'll purchase directly, we may place it with a buyer in our network.
When selling makes sense, and when it doesn't
Selling may fit if you want a lump sum, want to stop being responsible for title and collections, or want to avoid dealing with a default yourself. It may not fit if the occupant pays reliably and you don't need the cash, because you'd give up future interest. A partial sale can give you some cash now and keep the later payments.
Selling may change how you report gain from the original sale. Talk with a tax advisor before closing.
Frequently asked questions
Can I sell my contract for deed payments?
Yes. The remaining payments on a contract for deed or land contract can be sold to a note buyer for a lump sum, in full or as a partial. The buyer typically takes an assignment of the contract and the seller's interest in the property.
What happens to the title when I sell a contract for deed?
Usually the legal title you hold is conveyed to the buyer of the contract, subject to the occupant's rights. The new holder then delivers the deed when the contract is paid off. The exact documents vary by state, so a title company or attorney typically handles it.
Does it matter if my contract for deed wasn't recorded?
It can. An unrecorded contract may raise title and compliance questions that lead a buyer to require a higher yield or more review. Some states require recording for residential contracts. Ask a local attorney whether recording now makes sense.
How is a contract for deed priced?
A buyer discounts the remaining payments to the yield it needs, based on the rate, remaining term, payment history, equity, paperwork, property and state. There's no fixed percentage, so a quote starts with your documents.
This article is for educational purposes only and is not investment, legal, or tax advice. It describes general characteristics of real estate debt investments; individual investments differ, and all involve risk, including the possible loss of principal. Essential Investment Group, LLC is not a registered investment advisor, broker-dealer, or bank. Any offer of securities in Essential Income Fund I, LLC is made only through its Private Placement Memorandum to verified accredited investors under Rule 506(c) of Regulation D.