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Updated over 2 years ago on . Most recent reply

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Alan L Donald
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"Subject To" Purchases

Alan L Donald
Posted

What happens with taxes and insurance in a "subject to" purchase? I assume the lender mostly doesn't care who the house belongs to, as long as the mortgage is being paid? 

What about the escrowing of taxes (new rate) and insurance (new insured). How do you deal with those without triggering the "due on sale" clause for the existing mortgage?
Thanks,

Alan

  • Alan L Donald
  • Most Popular Reply

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    Curt Smith
    #5 Mobile Home Park Investing Contributor
    • Rental Property Investor
    • Clarkston, GA
    1,919
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    Curt Smith
    #5 Mobile Home Park Investing Contributor
    • Rental Property Investor
    • Clarkston, GA
    Replied

    I have a free training doc that comes with all doc examples and process to close and post-close a sub-to. I like helping investors not screw up the best deal in REI buy and hold!!!

    There's solutions for everything but you need to be educated AND have the docs to get each step done correctly.

    #1 banks do NOT want real estate! They are happy with getting paid, so pay them. I set up auto pay with the bank using my POA to manage the mortgage. Banks are used to POAs and estate managers taking over. Its language they are used to "hi I'm the manager for the estate of Mr Smith, I have a POA I need to send in to be on file. Where do I send it?" ...

    #2 get a 2nd POA to manage the insurance policy. Contact the agent, say I'm the new estate manager and need to cancel. Problem is the unused portion refund check will be made out to the borrower/seller. No solution other then to mail them a surprise "thank you" check. If you are on good terms offer to split it. Same problem with annual escrow re-balancing and overages. Those checks are in the borrowers name. But mailed to ME since I'm the manager via the POA and I change the mailing address for the loan. I enjoy ad-hoc mailing $$$ to the seller, who sold due to hard times etc. They can use the funds. Worst case I've had, the borrower has died. I toss those checks. I've tried to get the bank escrow dept to cancel the check and apply to next year. Some success some not.

    #3, forgot to answer the OP's qquestion;  yes get NEW insurance for a rental with your favorite carrier, named insured is how you hold title.  I strongly suggest you get my doc and close in a land trust.  The named insured is the landtrust.  AND Additional party is the seller same name as is on the canceled home owners policy.   Lender is the same bank etc.  Then have your agent fax the new policy to the bank right after closing.  This triggers the insurance refund issue mentioned above..   

    It all works smoothly.  Only a very very rare small local bank with one location and not very smart raise any flags.  The major lenders all know land trusts and POAs and "I'm the new estate manager" no problems.

    Connect with me, then PM, I'll send my training doc.

  • Curt Smith
  • [email protected]
  • 678-948-7151
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