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Creative Real Estate Financing

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John Baker
  • West Palm Beach, FL
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I'm new and need help?!?

John Baker
  • West Palm Beach, FL
Posted Jun 27 2015, 07:29

I'm wondering, and I apologize for my unfamiliarity with this, but are there closing costs in a subject to deal where you take over an owner's payments on thier mortgage? And where can I find a free real estate contract for doing a subject-to deal? 

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Mitch Messer
  • Rental Property Investor
  • Medellín, Colombia
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Mitch Messer
  • Rental Property Investor
  • Medellín, Colombia
Replied Jun 27 2015, 14:10

@John Baker Yes, there are closing costs in a subject-to ("Sub2") deal. Better said: There ought to be closing costs. Why? Because, closing costs imply a formal closing with a closing attorney. While you don't necessarily have to close formally, you always want to, if you can help it. You'll want title insurance. You'll want a HUD-1 settlement statement to prove that an actual sale took place. You'll want an attorney presiding over the transaction.

That said, I strongly urge you to seek training before proceeding. Sub2 is not well suited to "learning as you go." Find a local investor who has done several successful Sub2 transactions and get some advice and counsel. Start with your local REIA. Or, a good closing attorney who does these types of closings can probably point you in the right direction.

Trust me: Any "free real estate contract" you find will be barely worth what you paid for it!

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John Hyatt
  • Investor
  • Glendale, AZ
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John Hyatt
  • Investor
  • Glendale, AZ
Replied Jun 27 2015, 14:18

Yes, there are closing costs that you should plan for. You will want to do a Title search and other due diligence. I couldn't find any free contracts, but I did find this other forum helpful if you want to create a contract:

http://www.biggerpockets.com/renewsblog/2008/10/01/super-important-clauses-for-your-subject-to-contract/

I would also have an attorney look at it, if you plan on doing several it would be worth the cost.

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John Baker
  • West Palm Beach, FL
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John Baker
  • West Palm Beach, FL
Replied Jun 27 2015, 14:26

Hey, thanks guys for responding. How much does it typically cost? I know that usually it's 2-5% of the selling price, but there's no selling price with a subject-to, so would you say it would cost around $300-$500? Thanks again.