All posts

Financing and partnerships

The 4 Creative Finance Strategies That Close 99% of Deals

A practical comparison of seller financing, land contracts, subject-to deals, and private capital, illustrated through an RV park purchase.

Creative finance is not just one strategy. So many marketers try to brand the one thing that will save you, when in reality there are a lot of different ways to do this, and many of them are very, very simple.

I'm Christian Osgood, your channel host. I have hundreds of rentals. My first 17 deals were all done with creative finance. I still use it today to close and negotiate deals that other people can't do, because they don't have the basic tools in their arsenal: they only try to knock everything out conventionally.

I've bought enough real estate and moved far enough through my career that I get to play both sides of the fence now. Conventional or creative, we can use creativity to close anything.

Here are my top picks for creative finance structures, how they work, the one I'd mostly stay away from, and how you can apply all of them to your portfolio.

Seller financing: you negotiate the loan before you're approved

Let's start with the obvious one.

Seller financing is very simple: the seller is the bank. It is the exact same thing as a bank loan, except instead of the bank giving you the money, the seller does. If they have high equity in the property (meaning they don't owe much on it) they can lend on anything they own.

So if you have a million-dollar property and the seller has it paid off, and you're purchasing it for a million dollars, they simply say, "Awesome. Pay me in payments over time." Often there's going to be a balloon at the end.

Here's what I love about it. You choose:

  • The price
  • The terms
  • The balloon length, meaning when the note is due
  • The interest rate
  • Any special clause you want to negotiate

And my favorite piece: you're automatically approved, because you negotiate all of the financing up front. There's no approval process. No credit checks. None of it. When you sign the purchase and sale agreement, that money is already lined up.

If there's a down payment, you can either have the cash or you can get creative on the equity side. But for the majority of your money on seller financing, if you negotiate these right, you can get them no-money-down to low-money-down.

Land contracts: the cousin to seller financing

Now let's talk about the cousin to seller financing: the land contract, also known as a contract for deed.

If you've never heard of this, the easiest way to picture it is buying a car from a dealership. The bank holds the title to the car on a sales contract until that contract is completed. At the end of the contract, they give you title.

That's very much how a land contract works. It's a sales contract. In most states, both the seller and the buyer show up on title. The seller holds legal title. You hold equitable title, which means you have the rights to all of the rental income, all of the future value: all of the economic value is yours. You have the exclusive right on that contract to purchase and complete the transaction.

You are the owner of the property on a contract for deed. You just haven't removed the seller completely from title.

That opens up some creativity in how you do the title work or take on additional debt. But the main reason a seller likes a contract for deed is on their end: it's easier for them to take the property back if you fail on the contract than it would be if you'd defaulted on a loan. The foreclosure process is non-judicial. It's traditionally less of a struggle for an owner to reclaim a property from a failed land contract transaction.

Subject to: a clause, not a strategy, and a dangerous game

Land contracts also open up a third play, which many people have marketed as a strategy in and of itself. Really, it's just a clause on a land contract. We call it subject to, or sub to.

Subject to means subject to the existing debt. You buy on a land contract, a sales contract, subject to the debt already on the property.

What that means in practice: the seller continues to pay their mortgage to their bank, in their name. They do not inform the bank that the property has transferred. You now pay them their mortgage amount: often more than their mortgage amount. They keep the delta and cover their expenses. You can set this up all sorts of different ways to make sure the mortgage actually gets paid every month.

At the end of the day, this is a strategy I would stay away from if at all possible.

Why? If you're building your financial freedom on notes where the bank has not been informed the property traded hands, you are rolling the dice that the bank finds out and calls the note due. Almost every single bank note has what's called a due-on-sale clause. You are flirting with danger if you buy an entire portfolio subject to.

Can you do it? Yes. Are there ways out? Yes: you can refinance, you can sell. But you don't want to be in that position. I've seen people who bought massive portfolios subject to get 20 to 30% of their portfolio called.

And it is not that hard for the bank to audit. I used to work for the CoStar Group. There are searches I could run on CoStar (which most banks have) that say, "Show me properties that have had significant changes to title over the past X years." As a bank, you can literally plug in your whole portfolio, save all the addresses, and get alerts when there are title changes. When one shows up, you go, "Wait a second, the person showing up here isn't on our bank note. We should investigate this." And voila, it gets called.

This doesn't usually happen when interest rates are falling. If the bank has the higher rate, why would they want to call it? They're making great money. But in our current environment, where we've seen rates go from 3 to 4% all the way up to eight: I think we're sitting around 6.5 today: the math flips. If I'm the bank and I have a note out there at 3%, and I find out I can call that money back and replace it at 6.5%, it now makes a heck of a lot of business sense to start calling properties due. We've seen a huge uptick over the last few years for exactly that reason.

So when would I use subject to? Two situations.

One: if it's subject to a seller-financed note that doesn't have a due-on-sale clause. No due on sale, no problem: perfectly transferable.

Two: if you have enough cash to pay off the note outright.

I actually have a $70,000 sub-to note that came as part of a portfolio sale. I bought $4.5 million of properties, and one of them had a $70,000 note on it. My contract says that if that note gets called, the seller has to pay it off. And if they don't, I still keep $70,000 sitting in the operating account of that company. My financial freedom is in no way dependent on a subject to note.

If you have these time bombs in your portfolio, I recommend you find a way to sell or refinance your way out.

Private capital: how I made half a million on a $0 investment

Here's the underrated piece of creative finance that absolutely has a place in your portfolio if you use it right: private capital. People don't realize how custom it can be.

I used private capital to buy one of the best deals I've ever done in my life: an RV park in Washington State. It's also one of the only deals I've ever sold. I'm not a fan of selling real estate, but we made a ton of money on this one.

I bought the RV park for $300,000. It needed a new clubhouse with laundry machines, and it needed a new septic system, not just a new septic system, a full new drain field. We're talking digging out all of the septic. About a $150,000 project.

The loan was private money at a ludicrously high rate of 13.5% interest. Purchase price was $300,000, and they gave me 200% loan to value. I got paid $300,000 to buy it, and that $300,000 went right back into the property.

We then refinanced. The new loan was $74,000, which means I cashed out $104,000 on a $0 investment that had a holding cost of 13.5%. That holding budget was part of the capital raise: we didn't spend all $300,000 on the property, we spent about $250,000. So when I refinanced, I got paid $104,000 back on my $0 investment.

We later sold it for $1.1 million, meaning I made an additional $400,000 on top of the $100,000 I'd already pulled out.

That's a half million dollars on a $0 investment in less than a year and a half. If you look up the average income of a lot of high-paid jobs, many people don't make that in a year. We did it on one transaction, and I average six to eight transactions per year.

So even if you only do this on occasion, when it's the right deal (high value-add and an excellent price) private capital can be a bridge into another type of financing. It could be conventional, it could be seller financing, it could be a land contract. I've even done bridge debt and then gotten a loan from the seller, which is a little crazy. It's called a seller refinance.

The freebie that unlocks all of them: relationships

Those are the big four. Seller financing, land contracts, subject to (either avoid it or use it correctly), and private capital. If you just know those, you can start knocking out so many deals. There are plenty of other types of creative finance out there, but if you started with only these, you could close 99% of the deals in front of you.

Here's one more freebie that will unlock all of them.

If you're getting stuck on creative finance deals (you're asking for seller financing and sellers keep demanding huge down payments, 50% down) relationships are going to take you the rest of the way. When they want a lot of money down, it's usually because they don't trust you yet.

Get to know owners. Get to know brokers. Build your brand. Build relationships with people. If you focus on the relationship before the deal, all of these opportunities become infinitely easier.

Key takeaways

  • Creative finance isn't one strategy. Seller financing, land contracts, subject to, and private capital cover nearly everything you'll encounter.
  • With seller financing you negotiate price, terms, balloon length, interest rate, and special clauses up front, and you're automatically approved when the purchase and sale agreement is signed.
  • A land contract splits title: the seller keeps legal title, you get equitable title and all the economic value. Sellers like it because reclaiming the property is non-judicial.
  • Subject to is a clause on a land contract, not a strategy. Due-on-sale clauses are being enforced more as rates rise. Only use it on notes without one, or when you can pay the note off in cash.
  • Private capital at a high rate can still be the best money in the deal. My $300,000 RV park at 13.5% returned $104,000 at refinance and another $400,000 at sale: half a million on $0 in under 18 months.
  • When sellers demand big down payments, that's a trust problem, not a finance problem. Build the relationship first.

The full walkthrough, including how each structure sits on the title, is in the video at the top of this post.

If you want to go deeper, there's a mentorship and a free multifamily course over at multifamilystrategy.com. And the free Skool community is where thousands of investors post creative finance deals, share calculators, and connect by region: there's actual deal flow in there. I'm active on it every single day. Would love to see you there.

Read the episode transcript

Original automatic captions. Names, numbers, and punctuation may contain transcription errors.

0:00 Creative finance is not just one
0:02 strategy, and so many marketers try to
0:04 brand the one thing that will save you.
0:07 There are so many different ways, but
0:08 many of them are very, very simple. I'm
0:10 going to list the best ones, the safest
0:12 ones that you can use, and a couple that
0:15 you should probably avoid. First, let's
0:17 start with the obvious, seller
0:19 financing. By the way, welcome back to
0:21 the channel. My name is Christian
0:22 Osgood. I'm your channel host. I have
0:23 hundreds of rentals. The first 17 deals,
0:26 17 I did with Creative Finance. Today, I
0:29 still continue to use creative finance
0:31 to close so many deals and negotiate
0:33 deals that many other people could not
0:36 do because they don't have the basic
0:39 tools in their arsenal. They only try to
0:41 knock everything out conventionally. I
0:43 have fun playing both sides of the fence
0:44 today. I've bought enough real estate
0:46 and moved far enough through my career
0:47 where conventional or creative, we can
0:49 still use our creativity to to close
0:52 anything. Here's my top picks for
0:54 creative finance structures, how they
0:56 work, and how you can apply this to your
0:57 portfolio. First of all, let's start
0:59 with seller financing. Very simple. The
1:01 seller is the bank. It is the exact same
1:05 thing. Instead of the bank giving you a
1:07 loan, the seller, if they have high
1:09 equity in the property, which means they
1:10 don't owe a lot of money on it, they can
1:12 lend on anything they own. So, if you
1:16 have a million-doll property, the
1:17 seller's paid off this million-doll
1:19 property. You're purchasing it for a
1:21 million dollars. They simply say,
1:22 "Awesome. Pay me in payments over time."
1:25 And often there's going to be a balloon.
1:27 Here's what I love about seller
1:28 financing. You choose the price, the
1:31 terms, the balloon length, so when the
1:33 note is due, the interest rate, and you
1:35 can negotiate any special clause you
1:37 want. In fact, I'll list a couple of
1:39 them at the end of this video that I
1:40 absolutely love. But we go through this
1:43 very, very simple, my favorite piece.
1:46 You're automatically approved because
1:47 you negotiate all the financing upfront.
1:50 So, there's no approval process, credit
1:52 checks, none of it. when you sign the
1:54 purchase and sale agreement, that money
1:56 is already lined up. Now, if there's a
1:58 down payment, you can either have it or
1:59 you can get creative on the equity side
2:01 as well, but for a majority of your
2:03 money on seller financing, oftent times,
2:06 if you negotiate these, right, you can
2:08 get these no to low money down. Now,
2:10 let's talk about the cousin
2:13 to seller financing. We call this the
2:14 land contract. Now, it's easiest, if
2:17 you've never heard of this before, to
2:18 picture it like buying a car from a
2:21 dealership. The bank holds the title of
2:24 the car on a sales contract until that
2:26 contract is completed. At the completion
2:29 of your contract, they then give you
2:31 title to the car. This is very much how
2:33 a land contract works or also known as
2:36 contract for deed. It is a sales
2:39 contract. In most states, both the
2:42 seller and the buyer, you show up on
2:46 title. One has legal title, which is the
2:48 seller of the property. You have
2:50 equitable title. That means you have the
2:52 rights to all of the rental income, the
2:54 future value, all of the economic value
2:57 is yours. You have the exclusive right
2:59 on this contract to purchase and
3:02 complete the transaction. You are the
3:05 owner of the property on contract for
3:07 deed. However, you have not removed them
3:10 completely for from title. Now, this
3:12 opens up a few pieces of creativity on
3:15 how you can actually do the title work
3:16 or take on additional debt. But the main
3:20 use for contract for deed on the
3:22 seller's end is it is easier for them to
3:24 take back the property should you fail
3:26 on a sales contract in contract for deed
3:29 than if you had defaulted on a loan. The
3:31 foreclosure process is non-judicial. It
3:33 is traditionally less struggle for an
3:36 owner to take back the property if you
3:38 have a failed transaction from a buyer
3:41 to you on a land contract. Land
3:44 contracts also open up a third play
3:47 which many have marketed as a strategy
3:49 in and of itself but really it's just a
3:51 clause on a land contract that we call
3:52 subject to or abbreviated some call sub
3:56 to. So what is subject to? Subject to is
3:59 subject to the existing debt. So you buy
4:02 on a land contract, a sales contract
4:05 subject to their existing debt. What
4:06 does this mean? This means the seller
4:08 continues to pay their mortgage to their
4:10 bank under their name. They do not
4:13 inform the bank that they have
4:15 transferred the property. You now pay
4:18 them their mortgage amount, often more
4:20 than their mortgage amount. They make
4:21 the delta and they cover their expenses.
4:24 Now, you can set this up all sorts of
4:25 different ways so that you are paying
4:27 their mortgage. You can make sure that
4:29 is paid every month. But at the end of
4:30 the day, this is a strategy I would stay
4:32 away from if at all possible. Why? If
4:36 you're building your financial freedom
4:39 on these type of notes where the bank is
4:41 not informed as traded hands, you are
4:43 rolling the dice, the bank finds out and
4:45 they call the note due. Almost every
4:48 single note from a bank has what's
4:50 called a do on sale clause. You are
4:53 flirting with danger if you buy an
4:55 entire portfolio based on subject to
4:57 properties. Can you do it? Yes. Are
5:00 there other ways out? Yes, you can
5:01 refinance. You can sell. But you don't
5:04 want to be in that position. I have seen
5:06 people who bought massive portfolios
5:09 subject to and they got 20 30% of their
5:11 portfolio called. It is not that hard
5:13 for the bank to audit. In fact, I used
5:15 to work for the CoStar group. There are
5:17 searches that I could run on CoStar,
5:19 which most banks have, that says, "Hey,
5:21 show me properties that have had
5:23 significance changes to title over the
5:26 past x amount of years." You can
5:28 literally plug in your portfolio as a
5:30 bank. You can save all the addresses. I
5:32 can get alerts if there are title
5:34 changes. And if I see a title change, I
5:35 go, "Wait a second. Person showing up
5:37 here isn't on our bank note, we should
5:39 investigate this." And voila, they get
5:41 called. Now, this doesn't usually happen
5:43 when you have decreasing interest rates
5:44 because bank has a higher interest rate.
5:46 No, why would they want to call that?
5:48 They're making great money. But in our
5:50 current environment where we saw rates
5:51 go from 3 4% all the way up to the eight
5:55 today, I think we're sitting at like
5:56 6.5.
5:58 If I have a note sitting out there at 3%
6:00 and I'm the bank and I find out, wait a
6:02 second, we can call this money back and
6:04 we can replace that at 6.5%. It now
6:07 makes a heck of a lot of business sense
6:08 to start calling properties due. And
6:10 we've seen a huge uptick over the last
6:12 few years for exactly this reason.
6:14 Subject 2 is a piece of creative
6:16 finance. It is a clause on your land
6:18 contract. However, subject to the
6:20 existing debt is a dangerous game. When
6:23 would I use subject two? One, if it's
6:26 subject to a seller finance note that
6:27 doesn't have a do on sale clause, no due
6:29 on sale, no problem. Perfectly
6:32 transferable. Or if you have enough cash
6:36 to go ahead and pay off that note. I
6:38 actually have a $70,000 sub 2 note that
6:41 was part of a portfolio sale. I bought
6:44 $4.5 million of properties. One of those
6:47 properties had a $70,000 note. I have in
6:51 my contract if that note gets called,
6:53 the seller has to pay it off. If they
6:55 don't do that, I still maintain in the
6:58 operating account of that company
7:00 $70,000. So that my financial freedom is
7:03 in no way dependent on a subject to
7:07 note. If you have these time bombs in
7:10 your portfolio, I recommend you find a
7:12 way to sell or refinance your way out.
7:14 Underrated piece of creative finance
7:16 that has its place in your portfolio if
7:18 used right. Private capital. People
7:20 don't realize how custom they are. I
7:23 have actually used private capital to
7:25 buy one of the best deals I ever did in
7:27 my life. An RV park in Washington State.
7:29 One of the only deals I've ever sold.
7:31 I'm not a fan of selling real estate,
7:32 but we made a ton of money doing it. I
7:35 bought a RV park for 300,000. It needed
7:38 a new clubhouse with laundry machine and
7:41 it needed a new septic system. Not just
7:43 a new septic system, a full new drain
7:45 field. We're talking digging out all of
7:47 the septic about $150,000 project. I
7:51 loan was private money at a ludicrously
7:53 high rate of 13.5% interest. I bought it
7:57 for $300,000 purchase price. They gave
7:59 me 200% loan to value. I got paid
8:02 $300,000 to buy it. That 300 went back
8:05 to the property. We then went ahead and
8:08 refinanced it. My new loan was at
8:10 $74,000,
8:12 which means I got to cash out $104,000
8:15 on a $0 investment that had a holding
8:18 cost of 13.5%.
8:22 That holding budget was part of the
8:25 capital raise. We didn't spend all 300
8:27 on the property. We spent about 250.
8:29 When I refinanced, I got paid 104 back
8:32 on my $0 investment. We later sold it
8:36 for $1.1 million, meaning I made an
8:39 additional $400,000 on top of the
8:42 $100,000 I already cashed out of the
8:44 property. A half million on a $0
8:47 investment in less than a year and a
8:49 half. If you look up the average income
8:50 of a lot of high paid jobs, many people
8:53 don't make that in a year. And we did it
8:54 on one transaction. Now, I average six
8:58 to eight transactions per year. So if
9:00 you think about that, if you just do
9:02 this on occasion and it's the right deal
9:05 for this, and we're talking high value
9:07 ad and excellent price, private capital
9:10 can be a bridge into another type of
9:12 financing. Could be conventional, could
9:14 be seller finance, could be a land
9:16 contract. There's actually multiple ways
9:17 you can structure this. I've actually
9:19 done bridge debt and then got a loan
9:20 from the seller, which is crazy. It's
9:22 called a seller refinance.
9:25 There's so many different ways you can
9:26 structure these though. But the big ones
9:28 that you need to know, seller financing,
9:30 land contract, no to avoid subject to or
9:32 use it correctly, private capital. If
9:36 you just know those, you can start
9:38 knocking out so many deals. And there's
9:39 so many other types of creative finance.
9:42 But those are the big ones. If you were
9:44 to start there, you could close 99% of
9:47 the deals in front of you. I give you
9:48 one more freebie that will unlock all
9:50 these for you. If you're getting stuck
9:52 on creative finance deals where it's
9:53 seller finance, the sellers are asking
9:55 for these huge down payments, 50% down,
9:57 relationships are going to take you the
9:58 rest of the way. If they want a lot of
10:00 money down because they don't trust you,
10:02 get to know owners, get to know brokers,
10:05 build your brand, build relationships
10:07 with people. If you focus on the
10:08 relationship before the deal, all these
10:11 opportunities become infinitely easier.
10:13 If you want to learn more about creative
10:14 finance or how to execute this or just
10:15 join a community of thousands of people
10:17 doing the same thing, I got a gift for
10:19 you. Click the free link below to our
10:21 school community. We have calculators
10:23 there, community, regional leads,
10:25 conversations, creative finance deals
10:28 that are literally posted there. There
10:29 is deal flow. There's community people
10:32 who you can ask questions for and
10:33 connect for in your own market and
10:35 markets all around the country. Join the
10:38 conversation there. It's free. It's on
10:40 school s
10:41 multifamily strategy community. Would
10:44 love to see you there. I'm active on it
10:46 every single day. I hope you are too.
10:48 That's a free resource that I want to
10:50 give to you so we can bring more people
10:51 into the creative finance community.
10:53 Again, I'm Christian, your channel host.
10:55 I'll see you on the next episode. Like,
10:57 subscribe. Adios.

Put these ideas to work.

Get support from Christian and the coaching team with your next multifamily deal. See how the mentorship works or start your application.

Apply Now

Follow along: YouTube · Instagram · Free Facebook community

Share this article: LinkedIn · Facebook

Your first building.
Let’s get to work.

Work through your next deal with Christian and the Multifamily Strategy team.

Apply Now

Learn the strategy from Christian

Open the training page

Community update

Shared in the MFS community. Individual results vary.

Member story

Take the first step toward your next deal.

Answer a few quick questions so we can learn about your goals and see if the mentorship is a fit.