Buying a house subject to an existing mortgage using a land trust

Buying a house subject to an existing mortgage using a land trust

Investor · PA · Member since 2013 · 1k+ posts · 602 votes

I've been reading about land trusts and it seems that they might be a better vehicle for buying homes that are mortgaged because they may not trigger the due-on-sale clause.

If I wanted to buy a house subject to an existing mortgage, could I just make offers to sellers on the MLS or would most selling agents even present a sub2 offer to a seller? Would a buying agent want to waste their time writing such a contract and submitting it to selling agents?

I'm guessing if a property has been listed for a long time with no serious offers and the buyer has good credit and income then the seller might take such a deal.

How would I structure the land trust or would that even be appropriate? Should I name an attorney or an accountant as the trustee or some other entity? Should I name myself as a beneficiary or an LLC? Would a title company be able to do all of this once I found a deal?

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