Non-Assumable Mortgage & Subject-To

Non-Assumable Mortgage & Subject-To

Investor · Pensacola, FL · Member since 2013 · 277 posts · 78 votes

Hello everyone,

I recently came across two properties being sold together by a real estate investor. I found out that the seller still had a mortgage on the properties, so I approached him about conducting a "subject-to" deal. After a day or so of deliberation, he informed me that according to the bank his loans were non-assumable. 

Now, I understand that there is a difference between "subject-to" and "assuming" a mortgage...And I also understand that certain mortgage contracts stipulate that the mortgage cannot be assumed. 

However, does the fact that a mortgage is considered "non-assumable" ALSO mean that it cannot be taken "subject-to"?

Thanks for your help!

Tyler

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  • Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    11y

    No, buying sub2 is an alternative to assuming. But, it does violate the due on sale clause, and you'll gets lots of opinions on whether that is a risk or not.  However, a sub2 does have risks to the seller, so since he's checking with his bank, or others, and he'll correctly be advised against a sub2, he likely won't agree.

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