Skip to content
×
PRO
Pro Members Get Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
Innovative Strategies
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated 6 months ago, 05/24/2024

User Stats

4
Posts
1
Votes
Belinda Carr
Pro Member
1
Votes |
4
Posts

Subject to contract

Belinda Carr
Pro Member
Posted

This will be my 1st time acquiring a property through Subject to. Does anyone have a contract and necessary forms they are willing to share or can you tell me where I to get them? I want to make sure I do it right. Thanks 

  • Belinda Carr
  • User Stats

    9,861
    Posts
    5,543
    Votes
    Eliott Elias#4 BRRRR - Buy, Rehab, Rent, Refinance, Repeat Contributor
    • Investor
    • Austin, TX
    5,543
    Votes |
    9,861
    Posts
    Eliott Elias#4 BRRRR - Buy, Rehab, Rent, Refinance, Repeat Contributor
    • Investor
    • Austin, TX
    Replied

    Get with a title company in your ares that closes these type of transactions. 

    User Stats

    2,040
    Posts
    1,915
    Votes
    Curt Smith
    Pro Member
    #4 Innovative Strategies Contributor
    • Rental Property Investor
    • Clarkston, GA
    1,915
    Votes |
    2,040
    Posts
    Curt Smith
    Pro Member
    #4 Innovative Strategies Contributor
    • Rental Property Investor
    • Clarkston, GA
    Replied

    Respectfully to Eliott, hes we experienced, but I disagree.  My specialty and focus is on buying sub to and you have to bring ALL your own docs, trusts, POAs, disclosures, how to add proper adendums to the purchase contract etc.  Attorneys, etc do NOT help with sub to.  I just can't imagine this advice working.

    I give out free a thorough sub to training with complete examples of ALL docs and how to fill the contract out and added verbage to get the seller to initial.   Please Connect THEN PM I'll send this doc to you.  Id hate to hear of a good sub to screwed up.  Best to all.

  • Curt Smith
  • [email protected]
  • 678-948-7151
  • BiggerPockets logo
    Join Our Private Community for Passive Investors
    |
    BiggerPockets
    Get first-hand insights and real sponsor reviews from other investors

    User Stats

    4
    Posts
    1
    Votes
    Belinda Carr
    Pro Member
    1
    Votes |
    4
    Posts
    Belinda Carr
    Pro Member
    Replied
    Quote from @Eliott Elias:

    Get with a title company in your ares that closes these type of transactions. 


     Thanks for responding! I will start checking around for an attorney familiar with closing subject to properties.  

  • Belinda Carr
  • User Stats

    4
    Posts
    1
    Votes
    Belinda Carr
    Pro Member
    1
    Votes |
    4
    Posts
    Belinda Carr
    Pro Member
    Replied
    Quote from @Curt Smith:

    Respectfully to Eliott, hes we experienced, but I disagree.  My specialty and focus is on buying sub to and you have to bring ALL your own docs, trusts, POAs, disclosures, how to add proper adendums to the purchase contract etc.  Attorneys, etc do NOT help with sub to.  I just can't imagine this advice working.

    I give out free a thorough sub to training with complete examples of ALL docs and how to fill the contract out and added verbage to get the seller to initial.   Please Connect THEN PM I'll send this doc to you.  Id hate to hear of a good sub to screwed up.  Best to all.


     You are a life saver!!! Thank you.  Connecting now!

  • Belinda Carr
  • User Stats

    2
    Posts
    0
    Votes
    Brandon Shealy
    • New to Real Estate
    • Glendale, CA
    0
    Votes |
    2
    Posts
    Brandon Shealy
    • New to Real Estate
    • Glendale, CA
    Replied

    How did it go, @Belinda Carr@Curt Smith my wife and I are interested in doing the same.  Would you be willing to share your current contract with me as well?  Thank you 

    User Stats

    2,040
    Posts
    1,915
    Votes
    Curt Smith
    Pro Member
    #4 Innovative Strategies Contributor
    • Rental Property Investor
    • Clarkston, GA
    1,915
    Votes |
    2,040
    Posts
    Curt Smith
    Pro Member
    #4 Innovative Strategies Contributor
    • Rental Property Investor
    • Clarkston, GA
    Replied

    Hi All,  Just some comments from my own marketing and hearing from folks like you who have asked for my sub to training (BP needs you to connect first).

    - My own and from other folks; I hear of no wave or even a trickle of sub to purchases!!!   :(    Owners just do NOT have enough stress:  under water, extreme deferred maintance,  loose of income and behind on payments.  Some or ALL of these needed ingredients aren't in place.   The market appreciation is saving the stressed owners.  Good for them!  Always root for owners to be ok.  Us investors after all deliver win win solutions where everyone has to win.  Its another book on why a stressed seller benefits from an investor buying as-is taking over the often behind mortgage.

    - Today (as always) the most fertile group of sellers for sub to deals are the very VERY difficult deal scenario of pre-foreclosure. IE the owner has received their 4 week Notice Of Default with the auction some day of week in 4 weeks. Believe it or not; 95% of owners who are asked if they would like to sell and put some cash in their pocket who have been given a NOD and auction date say no right up to the auction. They got into their many problems via in-action and that is their MO, 95% say no. Some of the 5% may say yes but... some catch that kills the deal. A very small percent of NOD owners say yes I'll sell and the numbers make sense. Now the problems with this deal scenario that new folks need to say away!!!! Often 2-6 mo of arears; $5k to $25k. The auction is the following Tuesday at 10am and you have only 4 business days to close the title, pay off the bank, AND MUST MOVE OUT THE OWNER!!! The owner must NEVER be allowed to stay in a sub to purchase post closing!!! NEVER. Another book on the problems a owner converted into a renter can cause the investor. The investor may even loose their cash input and the owner sues for fraud and they get the house back, now their arears paid off. The owner has to be moved out the morning of closing!! My friend who focuses on NODs has a moving crew. There's ALOT of crying spouces, kids, tremendous stress moving those sellers out!! Very emotional. Imagine yourself given notice you are loosing your house and on no notice have to move out??

    Anyway;;  that some info on where there are assured sub to purchases.  But its VERY difficult.  Just finding a closing attorney who will do title and do a closing on 24hour notice is very very difficult.  This deal scenario takes a specialized team who are experts in closing (and moving out families) who do their tasks in hours not weeks.

    Theres a data shortage to better find sellers. What we need is easier access to credit info en mass; Who in some area is 60 days late on their mortgage? 90 days late on their auto loan? Every sub to deal has financial stress at its root reason for the sale. Here's a source that propstream.com has the data on; HOA liens, bankruptsy, divorce. I can tell you there's very few leads in these catagories!! You'll need to cold call and door knock each lead. Forget about post cards. You have to get the person face to face.

    Creative deals are negotiated.  NO owner knows of creative scenarios (sub to, seller gives a 2nd note for their equity, seller takes an option to sell...).   Creative deals are negotiated by educated investors.

    You can make more money from knowledge vs having ones own cash.  So get educated.  Assocated with experts.  To me this includes being members of your local REIAs.  Find local RE groups and join them all till you sort down to one or 2 local RE groups.   I'm a member of 3 local groups here in Atlanta.   You are the average net worth net knowledge of your network.  :)

    Good luck, curt

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