Stack method funding and the seller carryback
A new loan in first position, the seller carrying a note behind it, and the down payment funded so the buyer doesn't have to bring it. Done right it's powerful. Done wrong it's mortgage fraud.
What the stack method is
It's called the stack method because you're stacking a DSCR loan on top of a seller carry loan. The technical term is a seller carryback.
Start with equity, which is just the sale price minus the loans against it. A house selling for $250,000 with $100,000 left on the mortgage leaves the seller $150,000 of equity.
That $150,000 is what the seller walks away with at closing. And it's the number the whole structure depends on.
So instead of handing them all of it, you ask a different question. What if they take $50,000 now and you make payments on the other $100,000?
The numbers on a real one
Same $250,000 property. Your buyer is an investor, so they go get a DSCR loan, which is underwritten against what the property earns rather than what they earn.
A DSCR loan typically runs 80% loan to value, so it covers $200,000. That leaves a $50,000 down payment.
In the classic version of this story, that is where it ends. You go save up $50,000. In a stack deal the seller carries $100,000 of their equity as a second-position note, and that covers the gap.
The carry can never be larger than the seller's equity. They cannot give you more than they have.
Why anyone needs funding at all
Here's the piece almost everyone misses.
The title company will not create that seller carry note until the transaction closes. So on closing day the money still has to be on the table, even though the paperwork says the seller is carrying it.
That gap is the only part of a stack deal that is transactional funding, and it is what we fund.
We fund whatever the first-position lender isn't. That means the down payment plus closing costs plus agent fees plus assignment fees. If the down payment is $50,000 and there's $5,000 of closing costs, $5,000 to the agent, and $5,000 in assignment fees, we're funding $65,000.
On a stack deal we fund whatever the first-position lender isn't. Not just the down payment. Everything that has to be on the table.
The rule that decides whether we fund it
We get paid back out of the seller carry note. The contracts state that our money comes off that note first, before anything goes to the buyer.
Which gives one clean test. The amount we fund has to be less than the seller carry.
Carrying $100,000 and we're funding $65,000, that works. Carrying $50,000 and we're funding $65,000, that doesn't, and no amount of enthusiasm about the deal changes it.
Check that number before you come to us. It will tell you in about ten seconds whether you have a fundable deal.
The part that gets people in real trouble
Your DSCR loan sits in first position. If the property gets foreclosed on, that lender is paid back first. The seller carry sits in second position and gets paid after.
A lot of lenders write language into their documents saying they do not allow second-position liens on the property. And what some people do is simply not tell them, record the note afterward, and hope nobody looks.
That is mortgage fraud. Not a grey area, not aggressive structuring.
So our process on every single stack deal is the same. We contact the first-position lender and ask whether they are fine with a second-position seller carry. If they say yes, we're good and we fund. If the borrower asks us not to tell the lender, we're out.
You will be overleveraged, and you should know that going in
Run the arithmetic on the example. A $200,000 DSCR loan plus a $100,000 seller carry is $300,000 of debt against a property that just sold for $250,000.
That is negative $50,000 of equity from day one. If you had to sell tomorrow you would be $50,000 in the hole.
That isn't a risk that might show up later. It's the arithmetic of the structure, and it's true on every stack deal.
Which is why this suits experienced investors with income elsewhere, and why it is a poor first deal. We will fund it. We would rather you go in with your eyes open.
What it costs
Seller carry-back funding starts at 2.5% of the amount funded, with a $2,500 minimum. It carries more than a double close because there is more to structure and more to verify.
The fee comes out of closing. On the $65,000 example 2.5% lands below our minimum, so the fee is $2,500.
The rate moves with the size and the complexity of the deal. We will tell you the number before you commit.
What we need from you
Stack deals take more verification than anything else we fund, so send all of it up front.
- The purchase contract, showing the price and the parties.
- Your DSCR or hard money lender's details, including the loan amount and their contact. We are going to speak with them.
- The seller carry terms. How much is being carried and on what terms, in writing.
- The seller's equity position, so we can confirm the carry is not larger than what they actually have.
- The full closing figure. Down payment, closing costs, agent fees, assignment fees, everything that has to be on the table.
Common questions
- Is a seller carryback legal?
- Yes, when the first-position lender knows about it and permits it. Concealing a second-position note from a lender whose documents prohibit it is mortgage fraud. We contact the first-position lender on every stack deal we fund.
- What is the stack method?
- A purchase where a new first-position loan, usually DSCR, is stacked on top of a seller carryback note in second position. The two together cover the purchase price so the buyer brings little or none of their own capital.
- When does a down payment count as transactional funding?
- Only on a stack deal. The title company will not create the seller carry note until closing, so the down payment still has to arrive on closing day, and that gap is what gets funded.
- What do you actually fund on a stack deal?
- Everything the first-position lender is not covering. That is the down payment plus closing costs, agent fees, and assignment fees, not just the down payment on its own.
- How do you know the deal is fundable?
- The amount funded has to be less than the seller carry, because the carry note is what repays us. If the carry is $100,000 and the funding need is $65,000 that works. Reverse those numbers and it does not.
- What does stack method funding cost?
- It starts at 2.5% of the amount funded with a $2,500 minimum, higher than a double close because there is more to structure and verify. On a $65,000 funding need the minimum applies, so the fee is $2,500.
- Will I have equity in the property?
- Usually negative equity at the start. A $200,000 loan plus a $100,000 carry against a $250,000 purchase leaves you $50,000 underwater on day one. That is inherent to the structure, which is why it suits experienced investors rather than first deals.
Send us the whole picture
Stack deals need more than a contract. Send the purchase contract, your lender's details, and the seller carry terms, and we'll tell you quickly whether the numbers work.
We're going to call your first-position lender. If that's a problem, this isn't the deal for us and it probably isn't the deal for you either.
Submit My DealOr you'd rather be the one funding these
Stack deals pay better than a double close because they take more work to structure and more nerve to underwrite correctly.
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Join the free groupKeep reading
- Transactional funding for real estate investorsMoney that exists for one transaction and usually lives less than 24 hours. You borrow the purchase price, the deal closes, you sell, and it comes back the same day.
- EMD funding wired straight to escrowYou've got a deal that works. The only thing in the way is a deposit you'd rather not have sitting in someone else's escrow account for the next 30 days. So we wire it instead.
- Double close funding for the A-B legTwo contracts, two closings, one day. You buy from the seller and sell to your end buyer within hours, and we fund the purchase so your own money never has to show up.
Funding is for business-purpose real estate transactions and is subject to underwriting. Nothing on this page is legal advice. Seller carryback structures are governed by your loan documents and by state law, and concealing secondary financing from a first-position lender can constitute mortgage fraud. Have your own attorney review the structure before you sign anything.