Skip to content
×
Try PRO Free Today!
BiggerPockets Pro offers you a comprehensive suite of tools and resources
Market and Deal Finder Tools
Deal Analysis Calculators
Property Management Software
Exclusive discounts to Home Depot, RentRedi, and more
$0
7 days free
$828/yr or $69/mo when billed monthly.
$390/yr or $32.5/mo when billed annually.
7 days free. Cancel anytime.
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
Buying & Selling Real Estate
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated over 10 years ago on . Most recent reply

User Stats

118
Posts
25
Votes
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
Posts
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.

Loading replies...