Texas · Seller financing

Sell your Texas house with seller financing

Owner financing a house in Texas means you hold the note and the buyer makes payments to you. Foreclosure and lending rules depend on Texas law, so the details below are a starting point for a conversation with an attorney, not a substitute for one.

254counties
1,221cities and towns
1,989ZIP codes

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How seller financing works in Texas

What seller financing actually is

In a normal sale, the buyer gets a mortgage from a bank and you are paid in full at closing. With seller financing, sometimes called owner financing or a seller carryback, you accept part of the price now and the rest over time. The buyer signs a promise to pay you, and the house itself backs that promise.

Title usually passes to the buyer at closing, just as in any sale. What changes is who is owed the money afterward. Instead of the buyer owing a bank, the buyer owes you.

The paperwork: a note and the security behind it

Two documents do most of the work. The promissory note is the buyer's written promise to repay: how much, at what interest rate, on what schedule, and what happens if a payment is late. The security instrument, a mortgage or a deed of trust depending on the state, ties that promise to the house so you have a legal claim on it if the buyer doesn't pay.

The security instrument is normally recorded in the county records, which puts the world on notice that you hold a lien. An unrecorded or loosely written arrangement leaves you exposed, so these documents are worth having drafted or reviewed by a real estate attorney in your state.

If you still have a mortgage on the house

This is where many seller-financed deals go wrong. Most mortgages contain a due-on-sale clause, which lets the lender demand the full balance if the property is sold or transferred. Federal law generally allows lenders to enforce these clauses, with limited exceptions such as certain transfers to a spouse or child. A sale to an unrelated buyer is usually not one of the exceptions.

Some arrangements, often called wrap-around mortgages, leave your existing loan in place while the buyer pays you and you keep paying your lender. That can work on paper, but it carries real risk: your loan stays in your name, the lender may call it due, and if the buyer stops paying you are still responsible for your mortgage payments. A missed payment hurts your credit, not the buyer's.

Prominent Cash Offer's main service is buying houses for cash, in any condition, with no fees or commissions and the closing date of your choosing. If you're interested in seller financing, we can look at your property and situation case by case, but not every property, seller or state qualifies, and any terms depend on review. You'll get a written cash offer either way, with no obligation to accept it.

Read the full guide to seller financing

Texas housing

What Texas's housing means for seller financing

33% of homes in Texas were built before 1980. Lenders and appraisers look hard at older houses, and when a buyer's loan can't be made, terms from the seller can still close the sale.

37% of households in Texas rent. Buyers who pay rent every month but don't fit a lender's box are the buyers seller financing brings into a sale.

Whatever the terms, the documents for seller financing in Texas are recorded with the county recorder (or register of deeds) where the house sits, and the Texas rules below apply to how the terms can be written.

Shares from the Census Bureau's American Community Survey, 2020–2024 five-year estimates.

Is it a fit?

When seller financing in Texas makes sense, and when it doesn't

It may suit you if

  • You own the home outright or have a balance that can be paid off at closing.
  • You don't need all of the sale proceeds right away.
  • You're comfortable acting as a lender and waiting years to be fully paid.
  • You're willing to use an attorney and, ideally, a loan servicer.
  • The property may be hard for a buyer to finance through a bank.

It may not be right if

  • You need the full proceeds at closing to buy another home or pay debts.
  • You have a mortgage that can't be paid off and don't want to risk the due-on-sale clause.
  • You want a clean break with no ongoing responsibility.
  • You aren't prepared for the cost and time of a foreclosure if the buyer defaults.

Risks to weigh

  • The buyer may stop paying, and recovering the house through foreclosure can be slow and costly.
  • The property may be damaged or neglected while the buyer owns it.
  • If your own mortgage stays in place, your lender may call it due, and you remain responsible for it.
  • Federal and state lending rules may apply, and getting them wrong can create liability.
  • Your money is tied up for the length of the note, and inflation erodes the value of fixed payments.
  • Tax treatment varies with your situation and is not guaranteed.

Rules to know

What to know about seller financing in Texas

Rules vary by state; a real estate attorney can confirm what applies to your property. This is general information, not legal advice.

  • Lease-options treated as executory contractsTexas's executory-contract rules (Property Code ch. 5, subch. D) apply to contracts to convey property the purchaser uses or will use as a residence, and an option to purchase combined with, or signed at the same time as, a residential lease is treated together with the lease as an executory contract. The subchapter does not apply if the contract requires a deed within 180 days, and lease-options of three years or less are subject to a narrower set of sections.Tex. Prop. Code § 5.062
  • Recording and title transfer under contracts for deedThe seller must record a residential executory contract within 30 days after it is executed. If the contract was neither recorded nor converted, the seller must transfer recorded legal title within 30 days after receiving the final payment, and the statute sets liquidated damages and attorney's fees for late transfer.Tex. Prop. Code §§ 5.076, 5.079
  • Existing liens and executory contractsA seller generally may not enter into a residential executory contract unless the seller owns the property in fee simple free of liens, with limited exceptions such as a pre-existing purchase-money loan, which requires a separate written disclosure at least three days before signing and specific protective terms. A violation is a deceptive trade practice and lets the purchaser cancel and recover payments.Tex. Prop. Code § 5.085
  • Notice when conveying property that stays encumberedA person conveying residential property that will remain encumbered by a recorded lien must give the purchaser and each lienholder a separate written disclosure at least seven days before the conveyance, including a warning that the lienholder could demand full payment. If notice is not given, the purchaser may terminate within seven days after receiving it; the statute lists exemptions.Tex. Prop. Code § 5.016
  • Owner-financing exemption from loan originator licensingTexas exempts from its residential mortgage loan originator chapter an owner of residential real estate who makes no more than five purchase-money residential mortgage loans on that property in any 12 consecutive months; separate exemptions for employees and for residential mortgage loan companies are capped at three loans. Related owners can be counted as one owner where an entity or affiliate is involved.Tex. Fin. Code §§ 157.0121, 156.202
  • Seller financing of one property (Regulation Z)Under Regulation Z, a natural person, estate or trust that seller-finances only one property it owns in any 12-month period is not a "loan originator" if it did not build a residence on the property in the ordinary course of business and the financing has no negative amortization and a fixed rate, or an adjustable rate that adjusts only after five or more years with reasonable rate limits.12 CFR § 1026.36(a)(5)
  • Seller financing of up to three properties (Regulation Z)A person that seller-finances three or fewer properties it owns in any 12-month period is not a "loan originator" under Regulation Z if it did not build a residence on the property in the ordinary course of business and the financing is fully amortizing, has a fixed rate or an adjustable rate that adjusts only after five or more years with reasonable limits, and the seller determines in good faith that the buyer has a reasonable ability to repay.12 CFR § 1026.36(a)(4)
  • When a seller becomes a "creditor" (Truth in Lending)Regulation Z treats a person as regularly extending consumer credit, and so as a "creditor", if it extended credit secured by a dwelling more than five times in the preceding (or current) calendar year, or originated more than one high-cost mortgage in any 12-month period. Creditors making most closed-end loans secured by a dwelling must make a reasonable, good-faith determination of the consumer's ability to repay.12 CFR § 1026.2(a)(17); § 1026.43(c)
We Buy Houses Texas | Sell My House Fast Texas | Prominent Cash OfferPhoto: Michael Barera · CC BY-SA 4.0

About Texas

Selling a house in Texas

Austin is the capital of Texas, and Houston, San Antonio, Dallas, Fort Worth, and Austin are its largest cities. The second-largest state by area and population leads the country in oil and gas production, has no personal income tax, and has drawn a large number of corporate headquarters to Dallas-Fort Worth, Houston, and Austin.

Texas is home to about 31,290,831 people across 254 counties. We buy houses in every one of them, from Harris County, Dallas County, Tarrant County, and Bexar County to the smallest rural counties, and in cities like Houston, San Antonio, Dallas, Fort Worth, Austin, and El Paso.

Sources: Texas — Census Bureau profile · Texas.gov · Texas Comptroller of Public Accounts

Frequently asked questions

Questions about selling your Texas house

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Can I sell my Texas house with seller financing?

Possibly. Seller financing is used across the country, but the rules on lending, licensing and foreclosure vary, so how it works depends on Texas law and your situation. Prominent Cash Offer reviews flexible arrangements case by case, and you can always request a written cash offer.

How does foreclosure work if a Texas buyer stops paying?

That depends on Texas law and whether your note is secured by a mortgage or a deed of trust. Some states require a court process and others don't, so ask a local real estate attorney before you sign.

Is a cash sale simpler than seller financing in Texas?

Usually, yes. A cash sale pays you at closing and ends your involvement, while seller financing keeps you collecting payments and carrying risk for years. Which is better depends on whether you need the money now.

Do you buy houses everywhere in Texas?

Yes, in all 254 counties, from Harris County, Dallas County, Tarrant County, Bexar County, and Travis County to the smallest rural counties, and in 1,221 cities and towns.

Do I need to own my house free and clear to offer seller financing?

Not necessarily, but it is much simpler. If you have a mortgage, the usual approach is to pay it off at closing. Leaving it in place under a wrap-around arrangement may trigger your lender's due-on-sale clause and keeps you liable for the loan.

Can a seller-financed loan include a balloon payment?

Sometimes, where permitted. Under Regulation Z, the three-property seller exclusion requires the financing to be fully amortizing, which rules out a balloon, while the one-property exclusion only prohibits negative amortization. State law may add its own limits, so have an attorney review the terms.

What happens if the buyer stops paying me?

You would generally need to foreclose under the mortgage or deed of trust, following your state's process. That can take months or longer and involves legal costs, so screening the buyer and requiring a solid down payment matter.

Do I have to service the loan myself?

No. Many sellers use a third-party loan servicer to collect payments, keep records, send statements and manage escrow. It costs a fee but keeps the arrangement organized and documented.

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Texas · Seller financing

Talk through seller financing for your Texas property.

  • A cash offer is always an option
  • No obligation to accept
  • Every arrangement reviewed case by case

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Start with the property

Private by default

Start with the address of your Texas house.

Step 1 of 520%

We use the address to understand which property you mean. No offer is generated on this step.

No obligation. Not every property qualifies for other terms.

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