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Subject To

Selling your house "subject to" is a creative real estate strategy where you sell your property to a buyer while leaving the existing mortgage in place. The buyer takes ownership of the property, but the mortgage remains in your name. This approach can be used when the terms of the existing mortgage are favorable, and the buyer is willing to take over the responsibility of making mortgage payments.

Here's how to sell your house "subject to":
  1. Understand the Risks and Benefits: Before proceeding, it's essential to understand both the advantages and risks of selling your house "subject to." Advantages may include a faster sale, potential for a higher sale price, and relief from ongoing mortgage payments. Risks include the potential for the lender to call the loan due, credit implications if the buyer defaults, and legal complexities.
  2. Find a Buyer: Look for a buyer who is interested in purchasing your property "subject to" the existing mortgage. This can be a real estate investor, someone with the financial means to take on the mortgage, or a buyer who is attracted to the favorable terms of your loan.
  3. Negotiate Terms: Work with the buyer to negotiate the terms of the sale, including the sale price, down payment, monthly payments, and any other relevant terms. Be clear about the existing mortgage's interest rate, balance, and monthly payment amount.
  4. Draft a Purchase Agreement: Create a purchase agreement or contract that outlines the terms and conditions of the sale. Specify that the sale is "subject to" the existing mortgage and detail the responsibilities of both parties.
  5. Title and Escrow: Open an escrow account and hire a title company to handle the closing process. The title company will ensure that the existing mortgage is properly addressed in the sale.
  6. Due Diligence and Inspections: The buyer may want to conduct inspections and due diligence on the property. Allow them access to the property for these purposes.
  7. Closing Process: Close the sale according to the terms of the purchase agreement. The buyer will provide the agreed-upon down payment, and the title company will facilitate the transfer of ownership.
  8. Transfer of Responsibilities: After the sale closes, the buyer is responsible for making the mortgage payments directly to the lender. You should provide them with all necessary information about the mortgage account, including the lender's contact information and loan details.
  9. Ongoing Monitoring:​ Even though the mortgage remains in your name, it's essential to monitor the payments to ensure they are being made on time. Any default on the mortgage could have consequences for you.​
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Selling your house "subject to" the existing mortgage is a complex transaction that requires careful planning and thorough understanding of the legal and financial aspects involved. It's crucial to work with professionals who can guide you through the process and help you navigate potential risks.

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Disclaimer

We are not attorneys, and the information provided is for general informational purposes only. It should not be considered legal advice. If you require legal advice or have specific legal concerns, it is strongly recommended that you consult with a qualified attorney who can provide guidance tailored to your situation.  Privacy Policy | Terms of Use
Joel Gruenke
eXp Branch Owner
215-962-4326

[email protected]
eXp Realty
888-397-7352

113 Floral Vale Blvd, 
​Yardley PA 19067

John Fleig
Lender/Team Lead
NMLS# 139867

609-332-6662
​[email protected]
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  • Home
  • Foreclosure Process
    • Pennsylvania
    • New Jersey
    • Delaware
  • Keep Home
    • Repayment Plan
    • Reinstatement
    • Forbearance
    • Loan Modification
    • Rent Property
  • Sell Home
    • Sell with a Realtor
    • Short Sale Home
    • Deed in Lieu
    • Sell to a Wholesaler/Investor
    • Sell Home "Subject To"
  • MEET THE TEAM
  • Contact A Specialist