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Updated over 3 years ago on . Most recent reply

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Michael Quang
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Subject to Seller recourse

Michael Quang
Posted

Hello BP,

I have a question regarding to subject to deals. What happen If I sell a property to a new investor via subject to. The new investor then sell it to another investor 2 years later via another subject to? How can I protect myself so that I don't end up losing the property while the mortgage is under my name?

Sincerely,

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Jay Hinrichs
#1 All Forums Contributor
  • Real Estate Consultant
  • Summerlin, NV
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Jay Hinrichs
#1 All Forums Contributor
  • Real Estate Consultant
  • Summerlin, NV
Replied
Quote from @Michael Jacobs:

There is no way of protecting yourself in the event of a default. You can have a clause in your contract saying that in the event of default person A has to pay you X but that opens you up to litigation. Of course i recommend speaking with an attorney about this. IF you have any questions please ask away.


you wrap the existing mortgage so the new buyer is paying you and then your paying the orginal mortgage.. if they fail to pay you you simply foreclose but you will still be on the hook for the orginal mortgage and not have ownership rights etc.  selling sub too is very risky
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JLH Capital Partners

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