A home equity investment works by paying you a lump sum of cash today in exchange for a lien on your house and a share of what the home is worth when the contract ends. You make no monthly payments and pay no interest. Instead, you owe one large repayment at settlement, and that repayment is calculated from your home’s value at that future date, not today’s. The Consumer Financial Protection Bureau has found these contracts are often significantly more expensive than a mortgage or HELOC for the same amount of cash.1Consumer Financial Protection Bureau. Issue Spotlight: Home Equity Contracts: Market Overview
The Basic Structure
An HEI goes by several names: home equity agreement, home equity contract, or shared equity agreement. The mechanics are the same. A company pays you cash upfront and records a lien on your property, similar to what a mortgage lender does. In return, you agree to pay back a larger amount later, tied to your home’s value at settlement.1Consumer Financial Protection Bureau. Issue Spotlight: Home Equity Contracts: Market Overview
The contract runs for a fixed term, usually 10 to 30 years. At the end of that term, or earlier if something triggers settlement, the full amount comes due at once. There is no amortization, no monthly bill, and no fixed payoff figure you can look up in advance.
Providers market these products as “not debt” because there are no monthly payments. Whether that framing survives legal scrutiny is unsettled. The CFPB has argued in federal court that at least one HEI product meets the legal definition of credit under the Truth in Lending Act. Some HEI companies argue their products are investments, not loans, and sit outside federal lending regulations. The practical takeaway: don’t assume you’ll receive the disclosures and protections that come with a mortgage.
How the Pricing Actually Works
This is where the real cost lives, and where most homeowners are surprised. You do not sell 10% of your equity for 10% of your home’s current value. HEI companies use pricing mechanics that give them a larger share of future value than the percentage of current value they pay you.
The Multiplier
A typical example from CFPB data: a homeowner receives an upfront payment equal to 10% of the home’s value. In exchange, the company gets a 20% stake in the home’s future value at settlement. That’s a 2x multiplier. The company doubles its position before appreciation is even factored in.1Consumer Financial Protection Bureau. Issue Spotlight: Home Equity Contracts: Market Overview
The Starting-Value Discount
Some companies also discount your home’s starting value. If your home appraises at $400,000, the company might set the “starting value” at $300,000, building in a 25% cushion. At settlement, appreciation is calculated as the difference between that discounted starting value and your home’s full, undiscounted value at repayment. Modest appreciation on paper becomes a much larger repayment obligation.1Consumer Financial Protection Bureau. Issue Spotlight: Home Equity Contracts: Market Overview
Closing Fees
Processing fees at closing typically run 3% to 5% of the upfront payment and come out of your proceeds before you receive anything. On a $50,000 HEI, you might get $47,500 or less in hand.1Consumer Financial Protection Bureau. Issue Spotlight: Home Equity Contracts: Market Overview
The Cap
Some contracts include a cap that limits how much you can owe. CFPB data from 2024 shows several companies cap the settlement at a rate equivalent to roughly 18% to 20% compounded monthly, so the balance can’t grow faster than about 19.5% to 22% per year.1Consumer Financial Protection Bureau. Issue Spotlight: Home Equity Contracts: Market Overview A cap that allows 20% annual growth is not consumer-friendly, but it does prevent runaway appreciation from producing a settlement that dwarfs what you received. Not all companies include a cap.
The Floor
A floor sets a minimum repayment, ensuring the provider gets back at least their original investment even if home values drop. Without a floor, the provider shares in depreciation and you’d owe less than you received if the market fell. With a floor, you take the downside and give up the upside. Check for one before signing.
A Worked Example
You own a home appraised at $500,000. An HEI company pays you $50,000, or 10% of the value, in exchange for a 20% stake using a 2x multiplier. Ten years later, the home is worth $700,000. The provider’s 20% share of $700,000 is $140,000. You owe $140,000 on the $50,000 you received. If a cap applies and the calculated amount exceeds it, you’d owe the capped amount instead.
If the home instead drops to $450,000 and the contract has no floor, the provider absorbs part of the loss and you owe less than $50,000. If the contract has a floor, you still owe at least $50,000.
How This Compares to a HELOC
The CFPB compared a $50,000 HEI to a $50,000 HELOC at 9% interest with interest-only payments over 10 years.1Consumer Financial Protection Bureau. Issue Spotlight: Home Equity Contracts: Market Overview
- HELOC total cost over 10 years: $45,000 in interest plus the original $50,000 balance, for a total of $95,000.
- HEI settlement at 10 years: between $94,074 and $215,892, depending on appreciation.
The HEI only comes out cheaper than the HELOC if the home’s value falls by at least 5% over the full decade. Under moderate or strong appreciation, the HEI costs far more. Under the strongest appreciation scenario, the homeowner repays more than twice what the HELOC would have cost.
In the early years of a contract, the settlement amount grows at a rate equivalent to 19.5% to 22% per year, driven by the multiplier and the discounted starting value. That is higher than most home-secured credit and comparable to credit card rates. Without the caps, the projected repayment on day one of the contract would already be 25% to 100% higher than the amount you received.1Consumer Financial Protection Bureau. Issue Spotlight: Home Equity Contracts: Market Overview
If you can qualify for a HELOC or home equity loan and can handle monthly payments, one of those will almost always cost less. If your credit or income rules out those options, an HEI may be the only way to pull cash without a monthly bill. Go in knowing what the convenience costs.
What You Need to Qualify
Approval is generally easier than qualifying for a mortgage, but providers still screen. The property typically must be your primary residence. Most providers require a FICO score in the 620 to 680 range, though minimums vary.
The biggest factor is equity. Providers use a combined loan-to-value ratio that adds your existing mortgage balance and the HEI amount, then divides by the appraised value. You’ll generally need at least 25% to 30% equity before an offer is possible.
The initial valuation comes from a third-party appraiser or an automated model. That number sets the baseline for measuring future appreciation. Watch for a starting-value discount applied on top of it, because the discount directly inflates the provider’s share at settlement.
Condos, townhomes, and small multi-unit properties (two to four units) may qualify, but eligibility is narrower. Properties with five or more units are typically excluded as commercial real estate. Owner-occupancy applies in every case.
What Triggers Repayment
You owe the full settlement amount when any of these events happens:
- You sell the home. The sale price sets the final value and the provider is paid from proceeds at closing.
- The contract term expires. At the 10-year or 30-year mark, the full settlement is due whether or not you sell. Most homeowners refinance, tap other assets, or sell.
- You refinance your first mortgage. Many contracts treat a refinance as a triggering event requiring full repayment.
- The home is no longer your primary residence. Moving out, converting to a rental, or transferring ownership can trigger settlement.
When settlement is triggered by anything other than a sale, a new appraisal sets the current value. That appraisal, compared against the original starting value (including any discount), produces the appreciation figure the provider’s percentage applies to.
Most providers allow early buyout. The process requires a new appraisal, and the price uses the same formula as end-of-term settlement. If the home has appreciated, buying out early can be expensive. Some contracts add fees for early settlement; check the buyout clause.
Obligations You Still Owe During the Term
No monthly payments does not mean no ongoing duties. Violating any of these can put you in default and force repayment.
- Keep the home in reasonable condition. Major deferred maintenance that reduces value can breach the contract, and some contracts let the provider increase the settlement amount if you haven’t maintained the property.
- Maintain hazard insurance covering full replacement cost for the entire term, with the provider typically listed on the policy. Letting coverage lapse is a common and serious default trigger.
- Stay current on property taxes. Unpaid taxes create senior liens that threaten the provider’s secured position.
- Keep the home as your primary residence. Moving, renting, or changing occupancy usually requires approval.
- Get consent before adding new liens. A second mortgage or HELOC typically requires the provider’s approval, and the existing HEI lien can make it hard to refinance your primary mortgage even when you want to.
What Happens If You Default
The HEI is secured by a lien, so default can cost you the home. Triggers include failing to repay at term, letting insurance or taxes lapse, failing to maintain the property, or violating occupancy rules. The typical sequence is a written notice with a 30- to 90-day cure period, a demand for immediate payment, and legal action to enforce the lien, ending in a forced sale or foreclosure if you can’t pay.1Consumer Financial Protection Bureau. Issue Spotlight: Home Equity Contracts: Market Overview
If trouble is coming, options narrow fast once the default notice arrives. Before that point, you can try to negotiate an extension or modified terms, sell the home voluntarily to get a better price than a forced sale, or refinance into a traditional mortgage if credit and equity allow.
Renovations, Taxes, and Death
Improvements You Pay For
In many contracts, the provider shares in all appreciation, including value you create through your own improvements. Spend $80,000 on a kitchen that adds $100,000 in value, and the provider captures their percentage of that $100,000 alongside market gains. There is no universal industry standard that automatically credits homeowners for improvement-driven value. Some companies credit homeowners for renovations; others do not.1Consumer Financial Protection Bureau. Issue Spotlight: Home Equity Contracts: Market Overview If you plan significant improvements, negotiate an adjustment clause before signing and get the calculation method spelled out.
Taxes
The cash you receive is generally not treated as taxable income when you receive it, because you’re taking on a contractual obligation rather than earning income. The tax consequences show up at settlement. When you sell, the capital gains exclusion for a primary residence lets you exclude up to $250,000 in gain if single, or $500,000 if married filing jointly, provided you owned and lived in the home for at least two of the five years before the sale.2Office of the Law Revision Counsel. 26 USC 121 – Exclusion of Gain From Sale of Principal Residence Real estate transactions are reported on Form 1099-S.3Internal Revenue Service. Instructions for Form 1099-S There is no dedicated IRS provision for HEIs, and the interaction between the settlement amount, your basis, and your exclusion is fact-specific. Talk to a tax professional before signing.
Death of the Homeowner
The lien doesn’t disappear when the homeowner dies. The contract typically transfers to a co-owner or the estate. At least one major provider (Point) states that death does not accelerate the repayment timeline, so the heir has the remaining term to settle through a sale, refinance, or other funds. The heir may be asked to sign an assumption agreement. Make sure your estate plan accounts for the lien and that your heirs know the settlement amount will track the home’s value when they eventually repay, not its value at your death.
The Regulatory Gray Area
Mortgages and HELOCs are governed by the Truth in Lending Act and the Real Estate Settlement Procedures Act, which require specific disclosures about costs, rates, and repayment terms. Many HEI companies take the position that their products are investments rather than loans and therefore don’t have to follow those laws.
In January 2025, the CFPB filed an amicus brief in federal court arguing that at least one HEI product meets the legal definition of “credit” under TILA. The Bureau also issued a consumer advisory warning that HEI contracts may lack standard mortgage disclosures and that settlement costs are “often tens of thousands of dollars more than costs associated with loans.”1Consumer Financial Protection Bureau. Issue Spotlight: Home Equity Contracts: Market Overview The question remains unresolved in court.
Read the full contract before signing. CFPB consumer complaints describe documents running over 100 pages. Consider having an attorney review it. If the marketing emphasizes that the product “isn’t a loan,” that’s a signal it may not carry the consumer protections loans do.