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Updated almost 11 years ago on . Most recent reply

User Stats

118
Posts
25
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Sheri Ulm
  • Real Estate Investor
  • Norwalk, CA
25
Votes |
118
Posts

Subject-to vs just having the deed signed over

Sheri Ulm
  • Real Estate Investor
  • Norwalk, CA
Posted

I have a seller with multiple properties he wants me to just take over payments on. I contacted an attorney and was told there is no such thing as 'subject-to' in that state and I would have to do a land contract. My question is: If this guy is willing to sign his property over to me via a deed, couldn't I just have him deed it to me and I stsrt making his payments to the lender? I know it risks having the contract called in but even then attorney said that would be rare as long as payments are being made. So why go thru the hassle and expense of doing a land contract vs just having the seller sign the deed over to me?

Most Popular Reply

Account Closed
  • Investor
  • Central Valley, CA
3,729
Votes |
6,037
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Account Closed
  • Investor
  • Central Valley, CA
Replied

I'd want some some more information about why the attorney says there is no such thing as subject in that state. Buying property subject to existing mortgages is done everywhere, so I'd want to know what he is talking about and what his concerns are. I would not do a land contract nor contract for deed. I would never leave the deed in the seller's name. But that's me. I don't buy without a deed.

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