Where are you right now?

This is the cleanest seller-carry there is. The buyer takes title at closing, and you hold a recorded trust deed in first position. If the buyer stops paying, Utah's trust-deed process gives you a known path, with a three-month reinstatement window for the buyer (§ 57-1-31).

Your real decisions are the money terms. How much down? What rate? Is there a balloon, and does your federal exclusion allow one? You can agree on any written rate in Utah; there's no usury cap on an agreed rate (§ 15-1-1). Then decide who collects the payments. A third-party servicer keeps the ledger honest for both of you.

“Legally allowed to” and “actually goes well” aren't always the same thing. The guides below cover both.

Start with the due-on-sale clause. Most home loans let the lender demand the full balance when the home is sold, and federal law lets them enforce it (12 U.S.C. § 1701j-3(b)(1)). A wrap is not on the list of protected transfers.

That doesn't make a wrap wrong. It means you plan for the day the lender calls the loan. Know your payoff. Size the down payment to cover the gap. Use a servicer that pays your lender first. Set a refinance deadline for the buyer. Put the risk in writing so everyone signed knowing it.

Sometimes the better answer is a plain seller-carry after paying off your loan at closing. The guides below help you tell which.

Your seller wants to carry, and you want the deal to close clean. The state Seller Financing Addendum sets the terms, but it doesn't create the note or trust deed, and the form itself warns that brokers aren't positioned to ensure legal compliance (Seller Financing Addendum).

If there's an underlying loan, you have a written disclosure duty about the due-on-sale clause before anyone signs (Utah Admin. Code R162-2f-401a(6)(d)). You can't alter form boilerplate, so custom terms go in attorney-drafted documents (Utah Admin. Code R162-2f-401b).

Greg drafts the documents for a flat fee and hands the title company clear closing instructions. You keep the client relationship.

Seller financing can get you into a home without a bank. It can also leave you exposed if the paperwork is thin. First question: who holds title? With a note and trust deed you do, at closing. With a contract for deed, the seller does until you pay it off — and no Utah statute governs what happens if you fall behind (Utah Code Title 57, Ch. 1).

Protect yourself the same way a bank would. Record your deed or contract (§ 57-3-103). Get title insurance. If the seller has a loan, see proof it's current. Pay through a servicer. And plan your refinance before the balloon comes due.

Good paperwork protects the seller and you. On a subject-to or a wrap, the seller's loan stays in their name, and the due-on-sale clause stays in the lender's hands. Plan the exit before closing, not after the letter arrives.

Watch the federal count, too. The seller-financer exclusions cap how many properties you can finance in 12 months, and the three-property version bars balloons (12 CFR § 1026.36(a)(4)). Past five dwelling-secured loans a year you're a TILA creditor (12 CFR § 1026.2).

Greg papers these deals with the risks stated plainly, and he'll tell you which structures he won't draft.