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Buying a property "subject to" means a buyer essentially takes over the seller’s remaining mortgage balance without making it official with the lender. This approach allows the buyer to acquire the property without securing a new mortgage or qualifying for financing through a traditional lender. Instead, they simply assume responsibility for the seller's remaining mortgage balance.
It’s a popular strategy among real estate investors, and when interest rates rise, it may also be an attractive financing option for general homebuyers. However, there are several important considerations to keep in mind about the potential risk involved. In these arrangements, the buyer effectively takes on the existing mortgage debt without any guarantees or protections from the lender.
Learn more about buying subject to, how it works, and the pros and cons of this strategy.
Buying subject to means buying a home subject to the existing mortgage. It means the seller is not paying off the existing mortgage. Instead, the buyer is taking over the payments. The unpaid balance of the existing mortgage is then calculated as part of the buyer's purchase price.
For example, suppose the seller took out a mortgage for $200,000. They paid $150,000 of it before they decided to sell the home. The new buyers would then make payments on the remaining $50,000.
Under a subject to agreement, the buyer continues making payments to the seller’s mortgage company. However, there’s no official agreement in place with the lender. The buyer has no legal obligation to make the payments. Should the buyer fail to repay the loan, the home could be lost to foreclosure. However, it would be in the original mortgagee’s name (i.e., the seller's).
The biggest perk of buying subject to real estate is that it reduces the costs of buying a home. There are no closing costs, origination fees, broker commissions, or other costs. For the real estate investor who plans to rent or re-sell the property down the line, that means more room for profits.
For most homebuyers, the primary reason for buying subject to properties is to take over the seller's existing interest rate. If present interest rates are at 4% and a seller has a 2% fixed interest rate, that 2% variance can make a huge difference in the buyer's monthly payment. For example:
Another reason that certain buyers are interested in purchasing a home subject to is they might not qualify for a traditional loan with favorable interest rates. Taking over the existing mortgage loan might offer better terms and lower interest costs over time.
Buying subject to homes is a smart way for real estate investors to get deals. Investors may use county records to locate borrowers who are currently in foreclosure. Making them a low subject to offer can help them avoid foreclosure (and its impact on their credit) and result in a high-profit property for the investor.
Not all subject to loans look the same. Typically, there are three types of subject to options.
The most common type of subject to occurs when a buyer pays in cash the difference between the purchase price and the seller's existing loan balance. For example, if the seller's existing loan balance is $150,000, and the sales price is $200,000, the buyer must give the seller $50,000.
Seller carrybacks, also known as "seller financing" or "owner financing," are most commonly found in the form of a second mortgage. A seller carryback could also be a land contract or a lease option sale instrument.
For example, suppose the home's sales price is $200,000, with an existing loan balance of $150,000. The buyer is making a down payment of $20,000. The seller would carry the remaining balance of $30,000 at a separate interest rate and terms negotiated between the parties. The buyer would agree to make one payment to the seller's lender and a separate payment at a different interest rate to the seller.
A wrap-around subject to gives the seller an override of interest because the seller makes money on the existing mortgage balance. A wrap-around is another loan that contains the first, and it can be seller-financed.
Using the example above, suppose the existing mortgage carries an interest rate of 2%. If the sales price is $200,000, and the buyer puts down $20,000, the seller's carryback would be $180,000.
By charging the buyer 3%, the seller makes 1% on the existing mortgage of $150,000 and 3% on the balance of $30,000. The buyer would pay 3% on $180,000.
In a subject to transaction, neither the seller nor the buyer tells the existing lender that the seller has sold the property. The buyer begins to make the payments and does not obtain the bank's permission to take over the loan.
Lenders put special verbiage into their mortgages and trust deeds that give the lender the right to accelerate the loan and invoke a “due-on” clause in the event of a transfer. It means the loan balance is due in full, and that could put the new homeowner at risk of losing the home if the lender finds out about the transfer.
Not every bank will call a loan due and payable upon transfer. In certain situations, some banks are simply happy that somebody—anybody—is making the payments.
However, banks can exercise their right to call a loan due to the acceleration clause in the mortgage or trust deed, which is a risk for the buyer. If the buyer doesn't have the cash in hand to pay off the loan upon the bank's demand, it could initiate foreclosure.
Loan assumption, on the other hand, is different from a subject to transaction. If a buyer makes a loan assumption, the buyer formally assumes the loan with the bank's permission. This method means that the seller's name is removed from the loan, and the buyer qualifies for the loan, just like any other kind of financing.
Generally, the bank charges the buyer an assumption fee to process a loan assumption. The fee is much less than the fees to obtain a conventional loan. VA loans and FHA loans allow for a loan assumption. However, most conventional loans do not.
Subject to properties mean a faster, easier home purchase, no costly or hard-to-qualify-for mortgage loans, and potentially more profits if you're looking to flip or resell the home.
On the downside, subject to homes put buyers at risk. Since the property is still legally the seller's liability, it could be seized should they enter bankruptcy. Additionally, the lender could require a full payoff if it notices that the home has transferred hands. There can also be complications with home insurance policies.
While a subject to sale may seem desirable for some, it comes with risks for buyers and sellers. Before entering into this type of agreement, you should understand the various options along with their benefits and drawbacks.
To find subject to sellers, you need to look for homeowners selling distressed properties, such as foreclosures, short sales, and auctioned homes. You can find these with online search tools or with the help of a real estate agent.
Sellers agree to subject to mortgages when they are desperate to sell a home quickly. They may be in danger of foreclosure or unable to keep up with their mortgage payments. It may not be an ideal scenario, but it can make for a quick sale by keeping the bank out of the equation.
