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by Lou Castillo
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ng “Subject-To” Is Complicated And Requires A Ton Of Paperwork.
The truth is that all you have to do is write it into the Purchase and Sales Agreement (PSA). We write it in right next to the Purchase Price. Here’s an example using our PSA:
Total Purchase Price to be paid by Buyer is $80,000.00, payable as follows: “subject-to” existing first mortgage with a balance of approximately $77,500, and monthly PITI payments of $695; remainder of Sellers equity to be paid in cash at closing.
That’s it. You and the Seller have now agreed that you’ll purchase the home subject-to their mortgage. As a precaution, we have the Seller sign a disclaimer that they know that the loan has a due-on-sale clause, and that we make no promise as to when the loan will be paid in full, or how long it will remain in their name. We also prepare a letter from the borrower informing the bank that all future correspondence should be forwarded to us, and we have the right to act for the Seller in every way regarding the loan so they’ll disclose loan information to us in the future.
It really is that easy. After closing, you just start making the payments. We don’t hide our identity. We send in our own checks, and the house insurance is in our name.
Myth #3: No Homeowner Will Ever Sell Me Their House And Leave The Loan In Their Name.
If you’re dealing with a seller who has no problems with his house, this may be true. But when you deal with motivated sellers – ones that either have financial, personal, or house issues – this will not be an issue. Motivated sellers need a way out – quickly! Often, they’re already behind in their payments, and facing foreclosure. When you tell them that their worries are over, and you’ll catch up their back payments, and make all the subsequent payments on time they’ll jump at the opportunity. As a bonus, their credit |
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