Subject To's Legal In New Mexico? Please Help!

Subject To's Legal In New Mexico? Please Help!

Specialist · Las Cruces, NM · Member since 2009 · 557 posts · 71 votes

Hello everybody, I'm relatively new to real estate investing and have found a spec builder who is willing to let me take over his mortgage/note on the home with some cash flow for himself. Im from Texas and know lease option and subject to's are considered illegal. Can I use these options in New Mexico? Legal or not?
Also, if so how do i go about the contract? Where do I find one and which one do I use? I'm not gifted financially yet so it must not take very much money. Thanks for all your help.
Jesse

0Reply
28 views

Most Popular Reply

Residential Real Estate Broker · Payson, AZ · Member since 2009 · 3k+ posts · 1k+ votes
17y

of course they're not, thats why line 203 on the HUD1 exist.................I could be wrong about the line # but I'm pretty sure it's 203.

YOU BETTER GET NEW INSURANCE ON THE HOME!!!!!!!

SORRY FOR YELLING, JUST MAKING A POINT.

THE NAME ON THE TITLE (DEED) MUST HAVE INSURANCE ON THE PROPERTY, DON'T SKIP THIS PART. YOUR BACKSIDE IS COMPLETELY OPEN FOR A LAWSUIT IF THE HOUSE BURNS DOWN

sorry for yelling

See this reply in the discussion

18 Replies

Jump to latestLatest
  • Specialist · Las Cruces, NM · Member since 2009 · 557 posts · 71 votes
    17y

    Not even a tiny bite huh...
    Oh well I'm definately enjoying the site none the less

  • Will BarnardPro Member
    Moderator
    Developer · Santa Clarita, CA · Member since 2008 · 15k+ posts · 10k+ votes
    17y
    Not illegal Jesse. In TX, they must be drawn up by an attorney and you or any RE agent/broker can not write up lease option contracts. This was done to "protect the consumer" as so many crooks were taking advantage of people. What it has done, is created a hardship for honest investors like ourselves.

    I don't invest in New Mexico so don't know the laws and rules there, but I would ventire to guess you can do them, you just need to make sure you follow the proper protocol.

    Perhaps some NM investors can chime in.

  • Specialist · Las Cruces, NM · Member since 2009 · 557 posts · 71 votes
    17y

    Thanks for your input nationwide. Any investors, attorneys, or agent/brokers from New Mexico have anything to add. Anything is greatly appreciated.

  • Residential Real Estate Broker · Payson, AZ · Member since 2009 · 3k+ posts · 1k+ votes
    17y

    Call a bunch of title companies and ask them, they would know.

    You might or probably will get a lot of title agents have no clue what your talking about so they'll be like, "whats your number and I'll get back to you"

    if those words are mentioned, either hang up and call another title company or ask them if they can do WRAPS.

    Wraps are very similar to Sub2s and there is a chance that a title company will understand that.

    If they tell you NO you cannot do those transaction here in NM, ask them for the proof that you can't or refer you to their legal department to have them explain why it is not legal whether they call it a Wrap or Sub2

    You could also contact the Attorney Generals office, but your not going to get any straight answers there unless you can find an article or press release relating to Subject to's or 'creative acquisitions in real estate' detailing certain laws that they will most certainly cite in those press releases/articles.

    What ever you do, do not go to the department of Real Estate or any other agency that is obviously funded and structured for Realtors b/c they will tell you anything outside a standard typical transaction involving an Agent is illegal.

    Hope that helps

  • Will BarnardPro Member
    Moderator
    Developer · Santa Clarita, CA · Member since 2008 · 15k+ posts · 10k+ votes
    17y
    then the translation to that is No THEY can not do that there, but YOU can. :roll:
  • Residential Real Estate Broker · Payson, AZ · Member since 2009 · 3k+ posts · 1k+ votes
    17y
    Originally posted by nationwidepi:
    then the translation to that is No THEY can not do that there, but YOU can. :roll:


    good point, and yes that's exactly right!!!

  • Specialist · Las Cruces, NM · Member since 2009 · 557 posts · 71 votes
    17y

    Thanks for the help Nick. I'm going to take your advice and call title companies immediately. I'll post the answer here for anybody else who might need it in the future.

  • Specialist · Las Cruces, NM · Member since 2009 · 557 posts · 71 votes
    17y

    Ok, talked to quite a few title companies from all over the state of New Mexico and it turns out wraps/subject 2s are not illegal at all. As a matter of fact almost every title company I talked to was more than willing to walk me through the process step by step. Unfortunately, all of them also required that the new buyer pay for a seperate insurance policy on the home. Whether or not this was there policy or state law is something that they all had a hard time answering. Did some research online and couldn't find the answer as to whether or not this new insurance policy was state law.

  • Residential Real Estate Broker · Payson, AZ · Member since 2009 · 3k+ posts · 1k+ votes
    17y

    of course they're not, thats why line 203 on the HUD1 exist.................I could be wrong about the line # but I'm pretty sure it's 203.

    YOU BETTER GET NEW INSURANCE ON THE HOME!!!!!!!

    SORRY FOR YELLING, JUST MAKING A POINT.

    THE NAME ON THE TITLE (DEED) MUST HAVE INSURANCE ON THE PROPERTY, DON'T SKIP THIS PART. YOUR BACKSIDE IS COMPLETELY OPEN FOR A LAWSUIT IF THE HOUSE BURNS DOWN

    sorry for yelling

  • Specialist · Las Cruces, NM · Member since 2009 · 557 posts · 71 votes
    17y

    Good point Nick. No offense taken, HUD1 line 203 is for existing loans taken subject 2 . Getting another policy on the home would not only save me a little worry, but also protect me from a multitude of situations that could come up.

  • Real Estate Investor · Millsboro, DE · Member since 2008 · 480 posts · 26 votes
    17y

    recording a deed is not illegal. that what a classic "sub2" is. you are taking the house, by a transfer of deed.

    there is no reason to even contact anyone about this. there are simply no laws written anywhere, that say you cannot do this.

    People like to think that "sub2" is a concept in itself. Its not. Its often taught as such, but its nothing more than you recording the deed. What you plan to do on the backend is what matters. You can LO, wholesale it, retail it, seller finance, whatever fits.

  • Manhattan, NY · Member since 2008 · 801 posts · 61 votes
    17y
    Originally posted by Anthony Sulecki:
    recording a deed is not illegal. that what a classic "sub2" is. you are taking the house, by a transfer of deed.

    there is no reason to even contact anyone about this. there are simply no laws written anywhere, that say you cannot do this.

    People like to think that "sub2" is a concept in itself. Its not. Its often taught as such, but its nothing more than you recording the deed. What you plan to do on the backend is what matters. You can LO, wholesale it, retail it, seller finance, whatever fits.

    This is not entirely correct. Yes, you CAN do sub2 anywhere in the US, but SOME states have passed laws with special requirements you must meet. Some states require the paper work to be drawn up by an attorney others require specialized disclosures others like NC have even more creative restrictions.

    Can you record a deed without meeting these requirements? Probably. However, if you fail to meet ALL of the requirements in your area you can face some rather severe consequences after the fact.

  • Real Estate Investor · Millsboro, DE · Member since 2008 · 480 posts · 26 votes
    17y

    There are special requirements in delaware also. That doesnt make it illegal.

    As a matter of fact, the requirements in delaware are so ridiculous, and the taxes so high, that I stopped doing them..

  • Specialist · Las Cruces, NM · Member since 2009 · 557 posts · 71 votes
    17y

    If I'm not mistaken then wrap-around provisions in someone's state regulate sub2s. Is this correct?

  • Wholesaler · Las Vegas, NV · Member since 2016 · 29 posts · 12 votes
    10y
    Originally posted by @Nick J.:

    of course they're not, thats why line 203 on the HUD1 exist.................I could be wrong about the line # but I'm pretty sure it's 203.

    YOU BETTER GET NEW INSURANCE ON THE HOME!!!!!!!

    SORRY FOR YELLING, JUST MAKING A POINT.

    THE NAME ON THE TITLE (DEED) MUST HAVE INSURANCE ON THE PROPERTY, DON'T SKIP THIS PART. YOUR BACKSIDE IS COMPLETELY OPEN FOR A LAWSUIT IF THE HOUSE BURNS DOWN

    sorry for yelling

     If you didn't make it a point to Yell, I would have never seen this. Thank you. I'm working on a sub to in Roswell right now.

  • Investor · Roanoke, VA · Member since 2012 · 1k+ posts · 374 votes
    10y
  • Investor · Sherman Oaks, CA · Member since 2008 · 6k+ posts · 3k+ votes
    10y

    Thanks @Mark Brogan

    Geez @Jesse Ramirez

    Learn about what can be done in TX from an attorney.

    See www.LoneStarLandLaw.com

    I trained John Jackson in TX on Lease w Option in TX in 2002.  You need an education in executory contracts.

    In NM you can lease, and buy on sub2 or a wrap or seller financing.

    Get a team together that knows what to do.

    The contracts I use in a sub2 are

    1. The Purchase And Sale Agreement
    2. Seller's Due-On-Sale Acknowledgement
    3. The Quit Claim Deed To Trustee
    4. Get An Authorization To Release Mortgage Information
    5. Get A Limited Power Of Attorney
    6. Updating The Insurance Coverage
    7. Controlling The Escrow Account
    8. If The Mortgage Company Calls The Loan Due What to Do
    9. Addendum To Purchase And Sale Agreement
    10. Quit Claim Deed To Trustee
    11. Authorization To Release Mortgage Information
    12. Limited Power Of Attorney Regarding Real Estate
    13. Insurance Letter (Adding Additionally Insured)
    14. Escrow Letter
    15. Letter To Mortgage Company

    Good luck!

    PS Look up @Bill GulleyTICs too for getting on title and having rights.

  • Investor, Entrepreneur, Educator · Springfield, MO · Member since 2009 · 21k+ posts · 12k+ votes
    10y

    Ah, the TIC, TAC, TOE strategy. It can take the place of lease-options, contract for deeds, wraps, sub-to putting the investor in title to carry out any profit making transaction you may desire. Totally legal in all 50 states and the concept is applicable to other countries as well. That's a usual and customary basic real estate approach to share title interests while operating and phasing other title holders out of ownership. You won't be doing agreements that circumvent foreclosure laws, present title issues, cause insurance snafus or get hammered under Dodd-Frank, but you can go any direction you choose to.

    And yes, this matter will be coming soon to a computer near you! LOL :)    

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