Subject-to support in California

Subject-to support in California

Investor · Central Valley, CA · Member since 2012 · 6k+ posts · 3k+ votes

I have bought plenty of properties sub2 with all kinds of bad loans and liens but always with the intent to pay off or negotiate a discount. But now I'm looking do some old school pretty house "get the deed" deals. I have two sellers ready to go. Good fixed loans, no late pays or preforeclosure activity. Just buyers wanting to be free of managing their properties and are willing to keep the loans in their name for 2-3 years. Loan values are at about 80-90% of FMV. Good properties, good areas, with rents that cash flow. My plan is to hold and rent 12+ months or until it makes sense to sell. Not interested in L/O or tenant buyers at this time.

Both of my RE attorneys are all about contract law, but don't really know anything about the workings of sub2 on a straight residential sale. Honestly, they say things like "Lease Option: Good. Subject-To: Bad." I know where they are coming from as they want to avoid the possibility of the due on sale and all the other issues that can come up. I'm looking for someone in CA who I can consult with about: Feasibility of using a land trust, using escrow services to collect my payments and pay the lender, operating agreements/contracts with the seller. I don't know any investors doing sub2. Suggestions?

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Investor · Rancho Cucamonga, CA · Member since 2008 · 1k+ posts · 684 votes
13y

I am no expert but we did close one last month.

I put it in a land trust with the Seller's last name but my company as the trustee.

We got online access to make the payments and did a change of address. I can send you a kit a friend sent me of documents to get signed.

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  • Investor · Rancho Cucamonga, CA · Member since 2008 · 1k+ posts · 684 votes
    13y

    I am no expert but we did close one last month.

    I put it in a land trust with the Seller's last name but my company as the trustee.

    We got online access to make the payments and did a change of address. I can send you a kit a friend sent me of documents to get signed.

  • Investor · Central Valley, CA · Member since 2012 · 6k+ posts · 3k+ votes
    13y
    Originally posted by Steve L.:
    I am no expert but we did close one last month.

    I put it in a land trust with the Seller's last name but my company as the trustee.

    We got online access to make the payments and did a change of address. I can send you a kit a friend sent me of documents to get signed.

    Steve: Great idea about getting online access for payments. Would love to see the kit you used. My email is in my signature. Thanks!

  • Karen MargraveBusiness Member
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    Realtor, General Contractor, and Developer · Redding, CA · Member since 2009 · 7k+ posts · 4k+ votes
    13y

    K. Marie Poe You're right, that's old school! You might try talking to the title company you use, and find out if they know of any attorneys dealing with those, since so many deals cross their desks.

  • Real Estate Investor · Lafayette, CA · Member since 2010 · 179 posts · 71 votes
    13y

    K. Marie Poe, i have done several sub 2 transactions in California. the lenders that i have are GMAC, Wells and B of A. I never set up a land trust, just transferred title under LLC. I have yet to have a problem with due on sale. I did receive several letters in the beginning re: transfer, but then never heard from them again. Its been several years now... also i use Meracord for the loan servicing. 800-473-3898

  • Investor · Central Valley, CA · Member since 2012 · 6k+ posts · 3k+ votes
    13y
    Originally posted by Michael Galloway:
    K. Marie Poe, i have done several sub 2 transactions in California. the lenders that i have are GMAC, Wells and B of A. I never set up a land trust, just transferred title under LLC. I have yet to have a problem with due on sale. I did receive several letters in the beginning re: transfer, but then never heard from them again. Its been several years now... also i use Meracord for the loan servicing. 800-473-3898

    Michael: thanks for your reply. When say you transferred title under LLC, do you mean you had the seller deed directly to your LLC? Did you use escrow and title when closing? Did buy insurance in the LLCs name or just add the LLC to the existing insurance?

  • Investor · Central Valley, CA · Member since 2012 · 6k+ posts · 3k+ votes
    13y
    Originally posted by Karen M.:
    K. Marie Poe You're right, that's old school! You might try talking to the title company you use, and find out if they know of any attorneys dealing with those, since so many deals cross their desks.

    I know. It makes me feel old, as there are a lot of BP members who will never have heard of "pretty houses" and "get the deed". Or "Sub2, that's what I do." I had a seller who wanted me to take over his payments recently ask me: "What do I need to do to make buying my property attractive to an investor like yourself?" I said, "Give me the deed and $20K". We laughed, but he was listening. I haven't had anybody offer to pay me to buy their house since 2001. Looks like the markets really do come full circle and repeat themselves.

  • Real Estate Investor · Lafayette, CA · Member since 2010 · 179 posts · 71 votes
    13y

    i only used title and escrow to get the prelims. the properties were directly deeded to llc. I have an equity purchaser contract that i used for the buy/sale.

  • Whittier , CA · Member since 2013 · 176 posts · 96 votes
    11y

    Does anyone have a contract that they use for California "subject to" deals? 

  • Homeowner · Windsor, CA · Member since 2014 · 10 posts · 7 votes
    10y

    @Account Closed I live in Northern California and I am very interested in purchasing subject to.  What have you found?  Did you receive the "Kit" from @Steve L.?  I really need a contract.  I asked my attorney and she told me  sub 2 was "illegal," which I'm fairly certain it is not.  would anyone mind breaking the process down in very simple steps? i.e. Step #1: Get seller to sign contract (including a contact would be great!)  Sorry, I'm a check list person. 

    Thanks in advance!! and sorry to ask so many question on your thread @Account Closed

  • Investor · Central Valley, CA · Member since 2012 · 6k+ posts · 3k+ votes
    10y
    Originally posted by @David McCready:

    @Account Closed I live in Northern California and I am very interested in purchasing subject to.  What have you found?  Did you receive the "Kit" from @Steve L.?  I really need a contract.  I asked my attorney and she told me  sub 2 was "illegal," which I'm fairly certain it is not.  would anyone mind breaking the process down in very simple steps? i.e. Step #1: Get seller to sign contract (including a contact would be great!)  Sorry, I'm a check list person. 

    Thanks in advance!! and sorry to ask so many question on your thread @Account Closed

    I never heard from Steve L. re the kit.  I write my own sub2 purchase agreements.  You do have to be mindful of CA code and make sure your docs include the specific language for equity purchases for sellers in foreclosure (if that's the case).

    Any attorney who says purchasing property subject-to existing liens or mortgages is illegal has failed the audition for your team. The due on sale clause concern has to do with breach of mortgage or deed of trust terms.  It is not illegal. 

    I don't share any legal documents. And am definitely not interested in writing any step-by-step process. There are hundreds of sub2 threads here on BP. Purchasing subject-to existing mortgages is not that outside the box. Even the California Association of Realtor purchase agreements include subject-to clauses, and there is also a special addendum. Sub2 is a just a purchase where the terms of the sale include how and when the underlying mortgage will be paid off.

  • Real Estate Investor · Audubon, PA · Member since 2009 · 13k+ posts · 8k+ votes
    10y

    Calling @Michael Quarles .. he has some of this at his website ...

  • Member since 2022 · 20 posts · 6 votes
    3y

    Hello

    Any Sacramento CA attorney 's specializing in Sub to can you recommend, appreciate it! 

    Regards

  • Member since 2018 · 2 posts · 0 votes
    3y
    Quote from @Steve L.:

    I am no expert but we did close one last month.

    I put it in a land trust with the Seller's last name but my company as the trustee.

    We got online access to make the payments and did a change of address. I can send you a kit a friend sent me of documents to get signed.


     May i please have this kit?

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