Seller financing · Utah · for sellers, buyers & agents

Seller financing in Utah, explained for everyone at the table.

Whether you're the seller carrying the note, the buyer signing it, or the agent keeping the deal clean, Greg Hansen, a Utah real estate attorney, explains how seller-carry notes, wraps, subject-to deals, and contracts for deed work in Utah — risks first.

Free 15-minute call · No obligation · Utah-licensed attorney · Utah County office

Promissory noteSecured by trust deed

Provo, Utah — an example

Sale price$425,000
Down payment (10%)$42,500
Principal the seller carries$382,500
Rate · amortization6.75% · 30 years
Monthly principal & interest$2,480.89
Balloon due, end of year 7$347,262

The buyer has to refinance or sell to pay this. Both sides should plan now for the year that's hard.

Trustor — the buyer
Beneficiary — the seller

01 Which seat are you in?

Three people sign a seller-financed deal. Start with your seat.

02 Run your numbers

What does your deal actually look like?

Pick the tab that fits the deal and change any number. The payment is the buyer's obligation and the seller's income — the same figure from two seats. If the seller still has a mortgage, watch the exposure panel.

10.0% of the price
Monthly payment (P&I)$2,480.89
Note amount$382,500
Interest through year 7$173,157
Balloon due$347,262

After 84 payments the buyer owes $347,262 in one lump sum. Most buyers plan to refinance to pay it. If they can't, you're the one holding a defaulted note — plan the exit before you sign.

Full calculator with the amortization schedule →

This is general information, not legal advice. Confirm with an attorney before you rely on it.

Talk to Greg about this deal →

03 More specific situations

Five situations. Start with yours.

04 The process

How a Utah seller-financed sale works — for all three of you

  1. 01

    Agree on terms and the addendum

    Seller and buyer settle price, down payment, rate, term, balloon, and late fee. The agent writes them into the state Seller Financing Addendum.

    What can go wrong: Vague terms become the argument later — for all three of you.

  2. 02

    Greg drafts the note and deed

    A promissory note and a trust deed (or all-inclusive trust deed) written for this deal. The buyer gets a copy to review before signing; the agent gets clear closing instructions.

    What can go wrong: An old fill-in-the-blank form that doesn't fit the deal is the most common mistake.

  3. 03

    Close and record through a title company

    The buyer signs the note, the title company closes, and the trust deed is recorded with the county. The agent's commission is paid from the closing.

    What can go wrong: An unrecorded document can lose to a later buyer who records first (§ 57-3-103).

  4. 04

    Payments flow through a servicer

    The buyer pays a third-party servicer, which keeps the ledger, pays the seller — and pays the seller's lender first on a wrap. Both sides get statements.

    What can go wrong: Payments by app with no ledger means nobody can prove what's current.

05 Free state forms

The documents you need — free.

These are Utah's state-approved forms. They're a starting point, not the whole deal. Here's what each one does and doesn't do.

All forms, with notes on each → · Not sure how to fill these out? Ask on the free call.

06 Talk to Greg

A posted price. A clear scope.

Sellers hire Greg to draft the documents. Buyers hire him to review what they're signing. Agents send him the deal so the paperwork is done right and the closing goes smoothly.

Flat fee · seller-financing documents

$750

One posted price for the standard package. The first 15-minute call is free.

Informational only; no attorney-client relationship is formed by using this site; results vary. The engagement letter sets the final scope.

Book a Free Call →

What's included

  • Promissory note drafted for your terms
  • Trust deed or all-inclusive trust deed, ready to record
  • Review of the Seller Financing Addendum and REPC terms
  • Closing-instruction letter to the title company
  • Servicer setup letter
  • One round of revisions
  • 30-minute planning call

What moves to hourly

  • Negotiating with the other side's attorney
  • Requests for the underlying lender's consent
  • Multi-property or entity-structured deals
  • Litigation or default work

Closing and recording

Your documents can be closed and recorded through any Utah title company you choose. Rudd & Hawkes Title Insurance Agency, where Greg's office is located, is one option. Closing is a separate service from the flat legal fee, and choosing it is entirely up to you.

Full details: what's included, what happens on the call →

07 Articles

New answers, added regularly.

All articles →

General information about Utah law, not legal advice. RSS feed

08 Questions people ask

Straight answers

Can I sell my house with seller financing if I still have a mortgage in Utah?

Yes, but the due-on-sale clause is the risk you have to plan around. Federal law lets your lender enforce a due-on-sale clause when you transfer the home (12 U.S.C. § 1701j-3(b)(1)). A wrap or all-inclusive trust deed is not on the federal exemption list (12 U.S.C. § 1701j-3(d)). Before you sign, decide how the full balance would get paid if the lender calls it: a buyer refinance, your reserves, or a sale. The selling with a mortgage guide and the wrap spread calculator walk through the numbers.

What happens if the buyer stops paying on a seller-financed house in Utah — how do I foreclose?

With a note and trust deed, you usually foreclose through a trustee's sale without going to court. Only a Utah attorney or a licensed Utah title company can exercise the power of sale (Utah Code § 57-1-21). On an owner-occupied home, you first send a written notice giving at least 30 days to cure (Utah Code § 57-1-24.3). After the notice of default is recorded, the buyer has three months to reinstate (Utah Code § 57-1-31). The sale comes after that, with no redemption afterward (Utah Code § 57-1-28). The foreclosure timeline tool computes the dates.

How do I buy a house in Utah with seller financing if I can't qualify for a mortgage?

Find a seller willing to carry the loan, then document it the way a bank would. Look for listings that mention owner financing or a seller carry, or have your agent ask. The terms go on the state Seller Financing Addendum to the REPC (Seller Financing Addendum (state-approved form, Oct. 20, 2021)). Ask for a lender's title policy, which the addendum offers as an option (Seller Financing Addendum § 8). Ask whether the seller still has a mortgage before you sign. The buyer guide covers each step.

Who holds the title in a seller-financed deal in Utah?

It depends on the instrument: a trust deed gives you title, a contract for deed doesn't. With a note and trust deed, you take the deed at closing and a trust deed secures your debt (Utah Code § 57-1-19). Under a contract for deed, the seller keeps legal title until you finish paying. Either way, record your interest. An unrecorded document can lose to a later good-faith buyer who records first (Utah Code § 57-3-103).

How do I fill out the Utah Seller Financing Addendum to the REPC?

Pick the instrument in Section 1, then fill in the note terms carefully. Section 1 offers a Note and Deed of Trust, or a Note and All-Inclusive Deed of Trust (Seller Financing Addendum § 1). With the all-inclusive option, the seller must show within 10 days that underlying payments are current (Seller Financing Addendum § 4). You also owe a written disclosure of the due-on-sale clause and its consequences (Utah Admin. Code R162-2f-401a(6)(d)). The seller provides an amortization schedule, total interest, and APR (Seller Financing Addendum § 2.1). See how to fill out the addendum.

Can a Utah real estate agent draft the promissory note and trust deed, or is that unauthorized practice of law?

Fill in the state forms, and leave drafting the note and trust deed to a Utah attorney. Licensees can't alter state-form boilerplate and must use approved addenda (Utah Admin. Code R162-2f-401b). The addendum itself warns that brokers aren't qualified to ensure the financing complies with the law (Seller Financing Addendum). Where the unauthorized-practice line falls in a given deal is a question for a Utah attorney. The safe habit is to send the documents to one; see can a Utah agent draft the note and for agents.

See all questions →

Questions? Call or text Greg.

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