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Updated almost 5 years ago on . Most recent reply

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Subject-To Transaction With Wrap-Around Mortgage (TEXAS)

Alex Hendershott
Posted

Hello I am new investor here in Fort worth, Texas. I want to ask ask a few questions before I start meeting with motivated sellers. My main goal is to do marketing to attract motivated sellers and help them by creating a win-win. I want to find people who are in pre-foreclosure and catch up their payments by finding a motivated buyer who can't get regular financing through a bank. I will be doing a double closing at the attorneys office. I plan to use the buyers down payment to catch up the payments, attorney fees, etc. I am essentially backing into the deal. I understand there is ALOT I need to disclose to both the seller & buyer. I want to make sure I am thorough in doing that. I plan to use Scott Horne or Jones Kimball law firm. I just want to make sure I am correct in approaching this with the attorney.

My main questions:


Considering subject-to/wrap is such a complex transactions with alot to disclose when I meet with seller/end-buyer.... How do I obtain the addendum with all the disclosures? Do I have to type up everything myself? Does an Attorney who does hundreds of these transactions such as Scott Horne have all the paperwork ready? Do I have to pay him a consultation fee to gather the paperwork for when I meet with the seller or can they simply email/fax it to me? Every attorney I have called has said bring me a deal first but I can't bring them a deal without disclosing everything to the seller at the kitchen table when I get them under contract. Maybe I am confused on how this all plays out, maybe there was a miscommunication, or the attorneys I have called so far aren't familar with all the disclosures involved in a subject-to transaction. I want to make sure I understand how this all works before I call the best attorneys in my area. Thanks for your time!

Most Popular Reply

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Jim Cummings
  • Residential Real Estate Broker
  • College Station, TX
968
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1,193
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Jim Cummings
  • Residential Real Estate Broker
  • College Station, TX
Replied

@Alex Hendershott. What I think the Attorney are saying is "Don't Bother Me Until You Have a Viable Deal"!

In general terms seems your intent is to wholesale deals. I'm certainly not the expert in "Subject To" deals, but I foresee you expending tons of time and effort for an occasional return. 

Good Luck!

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