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Christian Moore
  • Real Estate Broker
  • Indianapolis, IN
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Looking for Indy title company experienced with "subject to"

Christian Moore
  • Real Estate Broker
  • Indianapolis, IN
Posted

Hello Indy investors!  I have a seller 12 months behind on payments and willing to sell me the property "subject to."  The bank will be happy because we'll be able to get caught up on payments and avoid foreclosure.  The seller is happy because they'll be able to rescue their credit score and some equity.

The problem is finding a title company to close the deal.  The title company I use as a broker doesn't understand how to structure it so I'm looking for another with more experience in creative investing.  

Thanks for any suggestions!

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Jay Hinrichs
#1 All Forums Contributor
  • Real Estate Consultant
  • Summerlin, NV
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Jay Hinrichs
#1 All Forums Contributor
  • Real Estate Consultant
  • Summerlin, NV
Replied

@Christian Moore  I am with @Shawn Holsapple on this one when I used to do sub too I would check title but I would do my own transfer.. this is very very basic real estate.

1. Check title ( IE order and pay for a title commitment) make sure there is nothing else that would foul your deal... Out here in our market we cheat our title company's customer service department ( if your big enough) will give you a date down on the phone in 3 minutes you know what you got.

2. Get a letter of authorization to talk to the owners lender.. you want to double check whats due etc. Do not rely on thinking the lender is going to be happy that there has been an alienation of title.. they may not be and will call the loan. ONce you know the true status of the loan and it still looks good proceed.

3. Once all of that is done... Use whatever title transfer instrument is used in your market get one of those  IE some sort of deed.. be it quit claim warranty etc.. ( careful which deed you want to make sure you can give good title when you sell)  Once you have that figured out simply get a copy of the last recorded deed.. use that legal description and the Trustor or Grantor information verbatim.. and create your own deed.. meet the owner at a notary have them sign notarize then take it to the county recorder and record the thing.

At least that's how I did them in Oregon WA and CA...  @Shawn Holsapple  If I missed anything or if for some reason its different in your state please feel free to correct me.

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