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Updated over 1 year ago, 07/17/2023
Subject-to support in California
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?