Closing a Subject to Deal right now, Need Help!
Hello everyone!
Any input would be greatly appreciated, especially if you have sub2 experience.
Heres the Scenario.
My partner wanted a Personal property for himself, called on a FSBO and the conversation went well.
After a meeting and few phone conversations the purchase agreement was made.
With the purchase Agreement there is a Subject To addendum stating that the buyer will be taking over the payments.
Now, here is where I need some help.
The Title company is unsure of how to close the deal.
I want to make sure that the seller will be able to foreclose if the underlying loan is not paid by the buyer.
To do this, I was going to use a Special Warranty deed with a vendor's lien secured by a deed of trust.
My questions:
1. The Title company wants to create a wrap around and have my attorney do this... doesn't make sense to me.
2. How do I close and still ensure that the seller will have the right to foreclose if the loan is not paid.
(we want to make sure because we will be closing MAPS deals in the future where we will not be the buyer)
3. Could I record the Vendors Lien and Record a deed of trust that mirrors the original while changing the beneficiary to the seller?
I'm confused!!! HELP ME
(The loan is an Option ARM and I have the original Note with all the details)
Thanks.