Looking for help on assuming a sellers mortgage Subject TO

[Tony H Truong]

Hello BiggerPockets.

I am in a process of doing my first Subject To deal.

I understand you need a deed of trust and a promissory note to put a lien on the property, but not to sure if that will help. My concern is that since the seller is still on the mortgage and title, at closing the seller will sign and the money will be transfer into the sellers account. Is there a way to make sure that the seller will pay off the loan with the money and write me a check for the rest? I do not want the seller to say no and keep all the profit after paying off the loan.

Thank you! looking forward to hearing back!