Has anyone done a "Subject to"?

[Troy Froistad]

Hello, 

I am seeking a real-estate attorney who has experience completing "Subject-to" transactions. This transaction would be in Nebraska if that matters.

Thanks,

Troy

[Dwayne Poster]

They all will as it’s the most common agreement

[Troy Froistad]

Hi Dwayne,

They all will what? I don't understand your response.

Thanks,

Troy

[Troy Froistad]

Oh, I think I get it.  All real-estate attorneys will do a subject to transaction.  So far I am 0 for 1 and I've been receiving very negative feedback on the risks involved with subject to.

[Aaron Pfeffer]

It's an interesting time to talk about Subject To...

There will be more interest in them moving forward if/when the market softens and recession hits, but what will the banks do this time around if they aren't inundated with bad debt like they were in 2008? Meaning...

If someone with a 3.5% 30 year mortgage sells their home Subject To, but the going interest rate could be 6% at that time, will the banks trigger the alienation clause in their note or will they just be happy to keep receiving the 3.5% money?

[Joshua Janus]

I am wondering if an attorney can answer this question:

Can you execute a drop and swap in order to purchase via subject-to? It seems like the alienation clause would still be viable here but I am not certain. I am not a lawyer 

[Eliott Elias]

Find a title company that deals strictly with these type of transactions. They typically have lawyers in house and can walk you through the process. Here in Texas we have Ceshker 

[Troy Froistad]

Okay. I'll try a title company. So far I've spoken to a long time real-estate attorney and a separate title company. Both had never heard of it. Thanks for the advise. I do appreciate it.