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Real Estate

Subject-To Acquisitions (Take Over Seller's Mortgage)

Buy property 'subject to' the existing mortgage — deed transfers to you, loan stays in seller's name at legacy rate.

Overview

'Subject-to' purchase: buyer takes title, seller's mortgage stays in seller's name. Buyer makes payments directly (or via loan servicing). No qualification, no closing costs, and you inherit the seller's 3% legacy rate on a 7% market. Risk: due-on-sale clause (rarely enforced but exists). Mitigation: land trust wrap (Garn-St Germain exception), authorization-to-release, servicing company. Best on distressed sellers (divorce, relocation, pre-foreclosure) with equity trapped.

Best fit
Distressed-seller acquisitionsInvestors avoiding bank qualificationLegacy low-rate assumptions
Estimated impact
$500–$1,500/mo interest savings + no financing costs

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