Most real property (real estate) transactions for the sale and purchase of property involve a buyer who secures financing (a mortgage loan) from a bank for the purchase of the property and transfers the lump sum purchase price to the seller at the closing, in exchange for the seller transferring the deed (title) to the buyer—or to an escrow for safekeeping until the buyer repays the loan to the lender.

But if the buyer does not have good credit or a sufficient credit history—and especially if the seller wants to sell the property to a specific person—the seller may consider seller financing for the transaction. In a seller-financed transaction the buyer signs a promissory note promising to pay the purchase price of the property to the seller over time, plus a stated interest rate, which is included in a monthly installment payment projected over some number of months or years.

Seller financing is often structured for the buyer to make monthly payments for a number of years (five years, for example) and then make a balloon payment for the remaining balance of the loan. This seller financing structure anticipates the buyer being able to secure a traditional loan from a bank with improved creditworthiness and some equity in the property (a home, for example).

There are pros and cons to seller financing for both the buyer and the seller. Seller financing may reduce closing costs and shorten the time to closing, but the buyer may pay a higher interest rate and the seller will take on risk that the buyer will default on the payments and the seller will have to go through the legal process of evicting the buyer from the property.

In Indiana, seller financing, also known as owner financing or a land contract, is a legal alternative to traditional mortgage financing. This arrangement allows the seller to act as the lender, providing the buyer with a loan to purchase the property. The buyer agrees to pay the seller the purchase price over time, with interest, through installment payments. The terms, including the interest rate, payment schedule, and balloon payment details, are outlined in a promissory note and secured by a mortgage or deed of trust. Indiana law requires that such transactions comply with state statutes governing real estate sales, lending practices, and usury laws, which cap the maximum interest rate that can be charged. Additionally, the seller must ensure that the financing terms do not violate the Indiana Home Loan Practices Act, which protects consumers from predatory lending. If the buyer defaults, the seller may have to initiate foreclosure proceedings to reclaim the property, which is governed by Indiana's foreclosure laws. Both parties should consider the benefits and risks of seller financing and may benefit from consulting with an attorney to ensure that the transaction complies with all applicable laws and to safeguard their interests.