Knowledge Base

Texas note FAQs.

200+ plain-English answers from a Texas operator. Selling, valuation, seller financing, tax, legal, and Texas-specific rules.

  • Texas-specific
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Promissory Note · Texas
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Commercial Notes

Commercial Notes

Are commercial notes priced differently than residential?+
Yes. Commercial pricing is driven by asset type, NOI/DSCR, sponsor strength, lease structure, and exit. Bid spreads are typically wider and underwriting is heavier.
Land Notes

Land Notes

Can I sell a raw-land note in Texas?+
Yes. Land notes trade actively, especially with strong down payments and clean recorded paper. Discounts are wider than residential but liquidity exists.
Legal

Legal

Are there special Texas rules for executory contracts?+
Yes. Texas Property Code Chapter 5 imposes strict requirements on contracts for deed, especially for residential property.
Seller Financing

Seller Financing

Do I need an RMLO to create a Texas owner-finance note?+
For most owner-occupied residential paper under Dodd-Frank and the SAFE Act, yes — through a licensed Residential Mortgage Loan Originator.
What is the difference between a wrap and a contract for deed?+
A wrap is a new note that wraps an existing senior loan; title passes. A contract for deed (executory contract) keeps title with the seller until conditions are met — Texas has specific rules for these.
Selling Notes

Selling Notes

How long does it take to sell a Texas note?+
Most Texas note sales close in 21 to 35 days, depending on title, payor verification, and document collection. Cleaner files close faster.
Do I need to tell my payor I am selling?+
Eventually yes — the payor receives a goodbye letter with new payment instructions after funding. Nothing about their loan terms changes.
What documents do I need to sell my note?+
At minimum: the original note, recorded deed of trust or mortgage, settlement statement, payment ledger, and current insurance and tax records.
Tax

Tax

How is the sale of a note taxed?+
Generally as capital gain on the difference between basis and sale proceeds, with installment-sale rules in play if you originated the note. Talk to your CPA — every situation is different.
Texas Specific

Texas Specific

Do you buy notes outside Texas?+
Our focus is Texas paper. We occasionally look at notes in adjacent states for portfolio reasons but Texas is the core market.
Valuation

Valuation

What drives the price of my note?+
Collateral type and LTV, payor credit and pay history, seasoning, interest rate, remaining term, structure (balloon vs amortizing), and Texas-specific items like homestead and executory rules.
Why do note buyers discount the note?+
Buyers price for yield over the remaining life of the paper, plus risk of default, prepayment, and servicing. The discount is the difference between face value and present value at the buyer's required yield.
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