Attorney or Title Company for Subject-To?

Attorney or Title Company for Subject-To?

Member since 2018 · 39 posts · 12 votes

I want to pay off arrears and leave the existing owner-occupied mortgage in place. I do understand the risk of the due on sale clause. Do I have to "go rogue" with the entire process and record my own documents? Or is there a title company or attorney who I can hire to manage the transaction? TIA! 

0Reply
11 views

3 Replies

Jump to latestLatest
  • Contractor · Scottsdale, AZ · Member since 2010 · 2k+ posts · 3k+ votes
    3y

    Don't go rogue. Talk to a real estate attorney and a title company. They will help guide you through the process.

  • Real Estate Coach · Riverside County, CA · Member since 2017 · 238 posts · 157 votes
    3y

    @Faye R. You should be closing / recording in the exact same way you would purchase any other property. 

    The sale needs to be recorded so you own the property, title insurance etc as long as lender is getting paid they don't usually seem to care about due on sale clause (they could, but I haven't had to deal with it)

Join the conversationCreate a free account to reply, vote on answers and follow this thread.