Subject to - California

[Jessica Oots]

I have a seller who is willing to allow us (or our end buyer) take over her existing loan payment on a subject to with a wrap. How can I process this transaction in CA? All I am finding is the title companies can do an All Inclusive Trust Deed and the title will transfer immediately. I don't want to title to transfer until the term is met (2 years) in the off chance the due on sale clause is activated. Has anyone had success with subject to's and wraps in Southern California without doing an AITD?

I have talked to some people who do this out of state and they say the title company can create a Contract for Deed, Agreement for Sale or a Land Contract but I have yet to find a title company that can do this. Thank you!

[Jessica Oots]

Thanks for the feedback - the seller was able to sell the property. Buyers would have obtained hard money on this one and subject to would have been a better rate. 

The bigger issue is that we are only able to offer low cash offers on homes and are trying to implement seller financing and subject to offers for sellers who want more than the low cash offer. I can't seem to determine the actual 'how to' process the transaction in California. Can anyone point me in the right direction? I have called numerous title and escrow companies and asked my network in out of state markets where it seems to be entirely different. Thank you!