Rental Property Investor · Oakland, CA · Member since 2016 · 268 posts · 106 votes
I wanted to look into the possibility of purchasing properties subject to existing mortgage. From all I read in the web and here on BP, banks are usually not enforcing the due on sale clause as long as the payments are made in time. But now I talked to a RE lawyer and she says subject to does not work because the banks WILL enforce the clause.
Did anyone try this in the past one or two years? Can anyone confirm that it works or not works?
Investor · Jackson, MS · Member since 2013 · 56 posts · 42 votes
10y
Hi Simon, I'd talk to a couple different lawyers. Their purpose is to protect you, so they can tend not to be as creative. Don't buy subject to, and you will never lose any money. But you can also miss opportunity. Talking to a few lawyers will give you more prospective.
Rental Property Investor · Oakland, CA · Member since 2016 · 268 posts · 106 votes
10y
Thanks for the input. I will definitely talk to some more folks if I can to figure out more.
@Percy N. I'm not sure that anyone in my local REIA has done subject to deals lately. Also, I don't think this is a local issue as most mortgage lenders are national.