Flat-Fee Seller Financing Documents — Utah Attorney

You set the terms with your buyer. Greg Hansen, a Utah real estate attorney in Provo, drafts the documents that carry them out — and tells you, before you sign, what could go wrong.

What's included

Included in the flat fee	What it means
Promissory note drafted for your terms	The buyer's promise to pay: amount, rate, payment, balloon if any, late charge, default terms — matched to the federal exclusion you're relying on.
Trust deed or all-inclusive trust deed, ready to record	The security instrument recorded against the property, naming a trustee who can actually run a sale if it comes to that.
Review of the Seller Financing Addendum and REPC terms	A read of the contract and addendum so the deadlines and the financing terms say the same thing.
Closing-instruction letter to the title company	What the title company needs to close, record, and disburse the way the documents intend.
Servicer setup letter	The instructions a third-party servicer needs to start collecting and keeping the ledger.
One round of revisions	After you and the other side read the drafts, one set of changes is included.
30-minute planning call	Before drafting: the terms, the risks, and the exit plan, in plain English.

What moves to hourly

The flat fee covers the standard package. These take more time, and Greg will tell you before any hourly work starts:

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

What happens on the free call

You describe the deal. Price, down payment, rate, term, and whether there's an existing loan.
Greg names the risks he sees. A balloon the federal exclusion doesn't allow. A wrap with no plan for the due-on-sale clause. A buyer with a thin cushion.
You hear which documents fit. Note and trust deed, all-inclusive trust deed, or something else — and why.
You get a straight answer on scope. Whether the flat fee covers it, or what would move it to hourly.
You decide. No obligation. If you go ahead, you'll get an engagement letter first.

Greg or his team will call or text you back within one business day.

What a seller-financing package is not

Not a lender. Greg doesn't fund loans or buy notes.
Not a servicer. The package includes a letter to set one up; it doesn't include collecting payments.
Not a guarantee the underlying lender won't call the loan. On a wrap, the due-on-sale clause stays in the lender's hands (12 U.S.C. § 1701j-3(b)(1)). The documents can manage that risk; they can't remove it.
Not tax advice. Installment-sale reporting and imputed interest are questions for your CPA.
Not the buyer's lawyer. Greg represents the client who hires him. The other side can and should get their own advice.

The due-on-sale clause — read this first

Most home loans let the lender demand the full balance if the property is sold or transferred. Federal law lets lenders enforce that clause (12 U.S.C. § 1701j-3(b)(1)). A wrap, a subject-to transfer, and a contract for deed are not on the federal exemption list (§ 1701j-3(d)).

Nobody can promise you the lender won't call the loan. Plan as if it could happen: know the payoff, keep an exit ready (refinance, sale, or reserves), have a third-party servicer pay the underlying loan, and put the risk in writing so both sides signed knowing it.

FHA or VA loan? Don't wrap it. FHA and VA loans are generally assumable: with the servicer's approval, a qualified buyer can take over the loan itself at its current rate. A wrap keeps the seller on the hook and adds due-on-sale risk to a loan that could have been transferred properly. Ask the servicer about a formal assumption first.

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.

Want to see the process first? Read the complete guide, or run your numbers in the seller-carry calculator. Agents: here's the one-page summary to share with clients.

This site is for general information about Utah law and is not legal advice. Using it does not create an attorney-client relationship. Every transaction is different — talk to an attorney about yours. Attorney advertising.