"Subject To" real estate investment

[Horacio Gutierrez]

Hello,

I have question in a "Subject To" home sale I know the deed is giving from the seller to the buyer meanwhile the buyer keeps making the mortgage payments to the seller's lender, however say the buyer cannot make the payments anymore does the seller automatically get back the house title if the buyer stops making the payments or would the seller need to take the buyer to court to get back the title of the home?

Thanks,

Horacio.