"Subject to" problems down the road

"Subject to" problems down the road

Portland, ME · Member since 2012 · 616 posts · 550 votes

I have been searching BP for over an hour, and I apologize if this topic has been covered, but I can't find an answer anywhere. 

When you sell a home that has a mortgage, you often have to sign documents to get your mortgage paid off, such as a payoff demand letter sent by the title company to the lender.  How does this work if you have a "subject to" deal and the previous sellers, who have the mortgage in their names, are long gone?  

I have a possible deal where I want to hold the property for a year, rent it, paying the "subject to" loan (yes, I know the lender could give me a 30 day notice to pay off), and then fix and sell it.  I don't want to have problems selling the property and am not willing to seller finance it.

Are there other title issues with "subject to" deals that aren't often discussed in the forums or podcasts?

I see that insurance issues are often glossed over, but they have been discussed somewhat in the forums.

Thank you.

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  • Title Representative · Indianapolis, IN · Member since 2016 · 64 posts · 41 votes
    9y

    @Amy A. If the title company is willing to transfer the property and issue you an owner's policy, the policy will be issued with an exception to the mortgage. No bank will finance a purchase with a preexisting mortgage still outstanding. You will need to purchase the property with cash. The lender has the right to call the note due and/or foreclose on the property. When you attempt to sell the property a year from now you will need to either satisfy the mortgage or you will have to sell to a cash buyer with the mortgage as an exception. Key issues; calling the note due, foreclosing on the property, requirement of a quiet title lawsuit, bank unwilling to finance the purchase. 

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