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Updated about 1 year ago on . Most recent reply

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Shella Stephens
  • Converse, TX
1
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Is Subject 2 legal in Texas?

Shella Stephens
  • Converse, TX
Posted

I am actually looking to sell my current manufactured home as a subject 2.  Is this legal?  Can Mobile homeowners sell their house as a subject 2 like regular properties?  I am in the process of researching this subject.  But I can't find much information. If anyone can direct me in the right direction, I'd appreciate it.  I am clueless.

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887
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Jerel Ehlert
  • Attorney
  • Austin, TX
758
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887
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Jerel Ehlert
  • Attorney
  • Austin, TX
Replied

Typically, investors BUY sub-2, then SELL on a wrap (has underlying loan) or owner financing (no underlying loan). I draft these all the time. Most REIs would never SELL sub-2. As an investor and lawyer, I would never, ever, ever do a land contract, CFD, or any form of L/O sell (L/O buy, sure). All of them are executory contracts and virtually impossible to comply with as the seller.

If the MH is attached to the land and registered as such, it's treated as any other piece of real property.

Hope this helps.

  • Jerel Ehlert
  • Loading replies...