What is Subject-To?
A "subject-to" transaction refers to purchasing a property while keeping the underlying mortgage intact, essentially assuming responsibility for the existing mortgage. The term "subject-to" is mentioned on HUD statement lines 203 and 503, signifying that we are acquiring the property subject to the existing mortgage terms. Despite its long history, some seasoned investors and brokers may not be familiar with the subject to strategy, and may raise concerns about its legality. However, the IRS recognizes and acknowledges the subject-to strategy.
The term "subject-to" is even listed on the HUD statement, and the IRS provides information on the subject in Publication 537, which can be found at this link: Hud Example
How am I protected?
The seller is also protected by a document called a Deed of Trust , and Promissory Note enforced by the closing Title Company. A Deed of Trust is a legal document that allows a borrower to transfer the ownership of their property back to the original owner to avoid lengthy foreclosure and lawyer fees. This document is completed at closing and drafted by the Title Company.
How do I submit information to take next steps ?
In order to present your seller with a tailored offer, We will need some specific information about their situation. Don't worry, while some of the questions might seem a bit personal, they're essential for us to dive deep into the details and create an offer that's a perfect fit. Here are the key pieces of information I need to send the perfect offer: We will need the following information.
*Full Address
*Loan Amount Remaining
*Interest rate
*Monthly Payment
* Major Repairs Needed
Please send us an email here