I am buying an investment condo. Its sale by owner and i kind of know the owner and he is willing to work with me on various creative financing options. I do qualify for the loan and am going thru underwriting and am approved for 7.5%. One option is seller financing- where i give him 35% cash and he keeps his current mortgage and writes me a promissary note that I pay him remaining at 30yrs amortization for 5.5% with balloon payment in 5 yrs. cont. in comments

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This option will give me time to get mortgage in 2-4 yrs when the rates will hopefully go down.
2nd option - do a rent to buy agreement with seller and pay him 35% upfront and the rent he will charge will be same as his current mortgage payment at 3.5% and a lease of 3 yrs in which timeframe I get a mortgage and buy the property. In both cases the seller gets his equity in hand right away. Only he has to keep the loan on his credit but he also gets the tax benefits of depreciation etc.
I am a bit unsure of the tax consequences to both of us in both these options - assuming I will rent it out further and get that rent.
Has anyone done any deals like these. What pros and cons do you forsee? Would like to you from folks here what they think? Or any other option

He will continue having the tax benefits until title is transferred to your name. For you will be like renting with zero tax benefits for you. Make the math but most likely a conventional loan right now makes more sense from a net tax perspective

As an investment, I believe there is still some tax benefits related to interest and the promissory note, but not to the same level as carrying the note and having your name on the title.

I see your point in the above about tax implications. There is one more option - subject to deal? Does anyone here know about that?

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