Quote from @Aaron Millis:
@Karl Denton @Chris Seveney Okay got it. So I'm guessing that when doing "Subject To" you don't transfer ownership/or add the buyer to the deed? My buyer is wanting to be added but I assumed that would trigger the bank finding out. Also it's a VA loan.
Thanks
This means that when you have the closing, the property is titled in the buyers name however the loan is still in the sellers name. Therefore, you are buying the property “subject-to” the sellers existing mortgage payments. Which is how this type of deal goes down, the seller is agreeing to allow you to take possession of their property and pay their existing mortgage payments. Since you are not qualifying for a new loan, and the existing loan is in the sellers name then their credit is at risk, instead of yours. This means that you can buy the property without having to worry about having good credit.
Why would someone want to do this and risk their credit and tie up there line of credit having an open loan?
Seller motivation is the most common reason why you may score this deal. There is usually some extreme circumstance or a personal life issue that is forcing the seller to do something they might not normally do. But in today’s market there is so much competition on the selling side. Which makes it easier to find sellers who are motivated to do whatever it takes to sell their property.
Closing the Deal.....
Closing the deal is like closing any other deal. Paperwork will include a document that the seller will sign, which then gets sent to their mortgage company. It will notify the lender that the seller is now assigning "management" of this property to “xxx management company”(aka You). It will also tell the lender to send all correspondence related to this property to your address as the buyer. This will vary on state to state. Discuss the details with a good real estate attorney.
There's always debates on whether “subject-to” deals could trigger the “due on sale” clause commonly found in all mortgages these days. This due on sale clause states, the lender can call the loan due if they find that the title of the property has changed hands without their knowledge. However to be honest, this would be a change of title without the lenders direct knowledge, in my opinion this doesn't give the lender the right to act on this clause. However with that being said there are companies that provide a "subject to" insurance, which i would recommend. They agree to the existing terms and you pay them as a insurance if in fact they do trigger the "due on sale" clause then the insurance company pays off the loan for you and you now pay the remaining loan on the same terms to them.
Most importantly have an exit strategy, anything from a refinance after repairs or whichever you decide you want to do for your real estate portfolio, you can even sell the place for more to someone else and have the loan paid off and take the difference as profits.
Hope this helps. Good Luck! Lots of more info in the forums and on bigger pockets podcast.