I own a property in Leander, TX 78641, currently worth approximately $365K.
The current lease runs through August 31, 2027, with base rent of $2,200/month plus a $25 animal fee. The loan is current.
I’m flexible on what I receive from the property depending on the overall structure. My main priorities are no ongoing monthly contribution from me after closing and no seller-paid closing costs.
Rather than setting a hard cash-to-seller amount upfront, I’d prefer to understand what the numbers support and what type of structure would realistically work for a buyer.
I’m specifically exploring a Subject-To transaction where the existing financing remains in place, rather than traditional seller financing.
I’d appreciate feedback from anyone experienced with Subject-To transactions. Based on this situation, does this look workable, and how would you structure the deal?
Is your current loan assumable, or is there a so called “due on sale” clause? If so make sure that you engage the services of an attorney who can proffer documents that provide a significant degree of protection (not total protection) for each side of the transaction. This will include some legal basis for you to step back into the property/loan in case of either buyer default or note acceleration by the lender. Since you will no longer own the property, and not have a lien secure interest either, don’t assume that your liability on the note grants you any rights to step back in. This is why an attorney experienced specifically in real estate is necessary.
What interest rate is the subject loan at? If it’s 2.75% that’s attractive; if it’s 6.25% not so much.
Basically you've got a mediocre investment that competes for buyer attention with a million others offering the same ROI, in a state with few if any building restrictions. Without knowing all the numbers, the market economics, vacancy rates etc, it's hard to offer advice, but I'd say your three basic alternatives are (1) hold for hopefully long term appreciation (2) sell for cash and take a loss or even bring cash to closing or (3) sell sub to with the inherent risks.
Some people won’t sell for a loss because their egos won’t allow them to. Some of the best decisions I’ve made in my 50 years investing was to accept a loss when I made an investment mistake and move on. This is not to say sub to can’t work; I’ve had great success utilizing sub to and wraps as a seller. But the key is how carefully you choose the buyer; the criteria needs to be a lot deeper than a willingness to sign a purchase contract and bring a few bucks to closing.
Thank you, this is very helpful. My current mortgage rate is 7%, balance is around $340K, and the property is worth roughly $365K. The current tenant pays about $2,200/month, so I understand the property does not cash flow well with the existing payment.
My main goal is to stop the monthly loss and exit the property, but I also want to make sure I don’t create a bigger risk by transferring title while the loan remains in my name.
Your point about the due-on-sale clause and having proper legal protections in place is especially helpful. I will definitely speak with a Texas real estate attorney experienced in Subject-To transactions before signing anything.
Given these numbers, have you seen Subject-To deals work where the existing loan itself is not especially attractive? If so, what type of buyer or exit strategy usually makes a deal like this workable?
You didn't share what your PITI payment is...
Thanks David, that makes sense. The current loan balance is about $340,068, the interest rate is 7%, and monthly PITI is about $3,881.69, plus roughly $45 HOA. Current rent is $2,225/month.
I’m flexible on cash to seller. My main goal is to avoid any ongoing monthly contribution after closing and ideally avoid seller-paid closing costs.
I understand that at 7% the existing financing itself is not especially attractive, and the property doesn’t cash flow with the current tenant. That’s really what I’m trying to figure out — whether there is any structure that could still make this worthwhile for a Subject-To buyer, or whether a cash sale/other exit is more realistic.
From the buyer’s perspective, what kind of equity, discount, or structure would you typically need to see for a deal like this to make sense?
I think subject to could still work with a 7% loan, but the buyer has to be getting the value somewhere else.
At a $365k value and $340k loan balance, there's only about $25k of gross equity. PITI + HOA is about $3,927/mo against $2,225 in rent, so you're roughly $1,700/mo negative before maintenance, repairs, etc. Just carrying it through the current lease term eats up around $19k-$20k.
So even if you took nothing at closing, most of the equity is already spoken for. The loan itself isn’t much of a financing advantage at 7%, although subject to could still appeal to a buyer who wants to acquire without qualifying for new financing.
The problem is that a buyer may still need you to cover costs or put additional cash into the deal to make that negative carry worthwhile. Which gets you back to the thing you were trying to avoid in the first place.
At this point I’d compare that against a conventional sale, carrying it until the lease ends, or possibly negotiating an early move-out with the tenant, essentially cash for keys, so you can sell vacant.
I don’t think the structure makes the loss disappear. It’s probably a question of which exit costs you the least.
OUCH....I don't think there is anything here for almost any investor to even consider. You're negative $1600 a month+insurance cost? Just throwing a number out there, but I think you'd be lucky to sell it with tenant in it for more than about $250,000, so you'd need to bring about $100,000 to closing and you will have closing costs. I don't think selling Sub2 helps you.
What you likely have is a situation where sales prices ran up a lot faster than rent price. So you really have an owner/occuiped retail priced property, with a tenant in it paying market rents that don't support an investment property and creative financing will add huge risk to you for a long time, potentially until the loan is paid off and it ties up your credit while that happens over the next 25 years or so potentially. That is if you could find someone to take this one.
If the market is really $365,000....show me 3 sales this Summer at that price, I think you have a couple of options. Continue until the lease is up, don't renew it, put it on the market, give the tenant a $10,000 bonus if they will allow showings and keep the place clean and show ready when you get a sale. OR---get them out and put it on the market...pay them something to leave so you can sell it, and you'll have about 8%-10% seller closing costs. That costs you $35,000-$40,000 vs $100,000 trying to sell it to another investor. That stops your bleeding. Another option if your HOA allows, but not a great option is to get this tenant out and padsplit at around $1200/month/bedroom if you have a 3 bedroom. That might get you to break even, but then you might get to keep it.
Maybe another stretch option is to get your next employer to pay for your loss as part of your up front benefit package. I'm guessing you have changed jobs or locations and moved away from Austin. You could also try to find a job in Austin and move back into it when this lease is up and ask the current tenant if they want to move out early.
Sorry for the bad news....I do wish you the very best of success and hope you find a great solution.
Sell it and cut your losses. Turn that loss into a tax write off. That is a bleeding that isn't going to get better any soon. If it was negative cash flow just a few hundred it might be worthwhile to hold onto if the property seems like a good one that will appreciate and cash flow in the future. The delta is just too wide as it is.
Thanks, I appreciate the perspective. I’m leaning toward exiting as well because the monthly negative cash flow is too large to comfortably carry long term.
My main challenge is finding the cleanest exit since the property is tenant-occupied through August 2027. I’m currently comparing a direct cash/investor sale versus a subject-to or other creative-finance exit to see which gets me out with the least additional loss and risk.
Buyout the tenant on their lease, so you can maximize sales price to an owner-occupant.
At the payment you posted in the replies, I wouldn't see this as a workable long-term rental for a subject-to buyer. PITI plus HOA is about $3,926.69 against $2,225 rent, so they're short roughly $1,702 a month before maintenance or vacancy.
Even leaving all the equity in doesn't fix that monthly loss. A buyer would need a credible way to carry it and exit, with the lease running through August 2027. I'd compare an actual cash-sale net against that before transferring title while keeping the loan in your name.
Thanks, that’s a fair point. The current mortgage payment is about $3,800/month, but that includes a higher escrow amount. Based on the annual escrow analysis expected around March, I anticipate the payment coming down to roughly $3,300/month.
That would improve the gap, although I agree it still would not make this a strong long-term cash-flow rental at the current rent. My main goal with exploring subject-to is to understand whether there is a buyer with a different strategy or exit plan that could make the numbers work. I’m also comparing that against a cash-sale exit rather than assuming subject-to is automatically the best option.
Srikanth, the biggest thing with a subject-to deal is that getting rid of the monthly cash drain and getting rid of the loan obligation are not the same thing.
If a buyer takes the property subject to the existing financing, the loan generally stays in your name even though the buyer takes over the property and payments. That means I’d want the structure to address payment servicing, proof that payments are being made, insurance, taxes, what happens if the buyer defaults, and your remedies if something goes wrong.
I’d also have a Texas real estate attorney review the existing loan documents because a transfer can potentially create a due-on-sale issue. I wouldn’t rely on a handshake or simply deed the property over and hope the financing keeps running normally.
The tenant complicates the economics too. The buyer is stepping into a property with a lease through August 2027, so I’d make sure the rent, animal fee, operating expenses, and existing debt payment actually support the structure. If the property is already negative at $2,225/month, the buyer still needs a reason to take that problem off your hands.
From the tax side, subject-to does not mean there was no sale for tax purposes. The existing debt and any cash or other consideration can affect the amount realized, gain calculation, and potentially depreciation recapture. So I’d model the tax result before agreeing on the cash-to-seller number.
If your priority is truly no monthly contribution and no seller-paid closing costs, I’d work backward from those requirements and see what the buyer can realistically support rather than starting with a target equity payout.
Happy to connect!
This can work, but only if you go in with clear eyes on the due-on-sale risk and the cash flow math.
On the loan: most conventional loans have a due-on-sale clause, so if the lender finds out ownership transferred, they can call the loan. With a $365K property and a tenant through August 2027, a buyer takes on real risk if rates move or the lender audits. That doesn't kill the deal, but it means the buyer should be sophisticated and the price/terms need to account for it.
On the numbers: $2,225/month rent with a tenant locked in for nearly a year is actually a decent selling point. A sub-to buyer wants to know what the current PITI is. If the loan balance is, say, $280K at a 3.5% rate, that's roughly $1,450/month in principal and interest. Add taxes and insurance and you might be at $1,900. At $2,225 rent that's thin but positive. If the rate is higher or the balance is larger, you're asking a buyer to absorb negative cash flow from day one, which means the price has to come down accordingly.
Your two asks (no monthly contribution, no seller closing costs) are reasonable if the underlying loan has a below-market rate and a manageable balance. If it doesn't, a buyer has little reason to take on the due-on-sale risk for a marginally cash-flowing property they could just buy normally.
Post the loan balance, rate, and current PITI. That's the number that tells you how much room you actually have to structure this.