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All Forum Posts by: James Hamling
James Hamling has started 14 posts and replied 4193 times.
Post: Can a “Subject to” Transaction be done SAFELY?

- Real Estate Broker
- Minneapolis, MN
- Posts 4,353
- Votes 5,758
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Can a “subject to” transaction be done safely?
There’s been a LOT of “hostility” on BP toward subject to transactions. Some posters have gone so far as to call these transactions scams, questioning the legality, morality, and ethics of the buyer. While imo this is unfair, extreme and just plain incorrect; the detractors do rightly point out that (1) the seller remains liable for a mortgage note secured by a property they no longer own and (2) as long as the note remains outstanding the seller’s credit capacity will be impacted negatively, often resulting in the inability to obtain a mortgage for a home purchase. They further point out that many sellers are unaware of the consequences of selling subject to.
I think it’s important to note that subject to became popular in 1980 - 1982 when it was virtually impossible to transact real estate using conventional financing. Mortgage rates reached 18%, so transaction were all either owner finance, wrap, cash or subject to.
The possible negatives of subject to have been thoroughly discussed. The positives are from the buyers prospective
1- the ability to buy a property with little down payment
2- the ability to obtain financing at below market rate
3 -not needing to qualify for convention/institutional financing
4- not having another debt on your PFS
5 - not needing to pay points and other fees to obtain a new mortgage
The positives for the seller are
1- can possibly sell a property in which they have negative equity without bringing cash to the closing table
2 -expand the pool of potential buyers
3 -possibly obtain a higher price/ quicker sale
4 - can utilize a wrap to potentially earn the “differential” on interest rate
5 -May be able to save the Realtors commission
All this being established, here’s the BIG question: Can a subject to transaction be done where both parties are reasonably protected? Let us know what you think!
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These are very important points for each side of a creative finance transaction.
A lot of SubTo transactions don't take these considerations into account when filling out their future loan applications. Omitting this information may be mortgage fraud. When buying a property SubTo, one is taking over responsibility for payment, thus incurring the debt. The court sees things that way.
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I would modify #4 "4- not having another debt on your PFS" . Actually, on the loan application 1003's that I've seen,
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Uniform Residential Loan Application 1003
Section 3: Financial Information — Real Estate. This section asks you to list all properties you currently own and what you owe on them.
and includes a full page of boxes to fill in such as
Property Value
Status: Sold, Pending Sale, or Retained
Intended Occupancy: Investment, Primary Residence, Second Home, Other
Monthly Insurance, Taxes,
Association Dues, etc. if not included in Monthly Mortgage Payment
For 2-4 Unit Primary or Investment Property
Monthly Rental Income
Creditor Name Account Number
Monthly Mortgage
Payment Unpaid Balance To be paid off at or before closing
Type: FHA, VA, Conventional, USDA-RD, Other
Credit Limit (if applicable)
It doesn't specifically ask who's name the loan is in. If you are taking the tax write off, you are acknowledging you are paying the debt. If you aren't making the payment, you don't get the tax write off and are subject to fraud for equity skimming.
Here’s where you make a slight error.
“Section 3: Financial Information — Real Estate. This section asks you to listall properties you currently own and what you owe on them”
What YOU owe on them. Unless you’ve signed some additional liability vis a vis the seller, YOU as the buyer of a property SUBJECT TO a mortgage on the property do not personally OWE anything.
“When buying a property SubTo, one is taking over responsibility for payment, thus incurring the debt. The court sees things that way.”
No, when buying a property Subject to, the buyer is specifically NOT personally taking over responsibility for the debt. That would be ASSUMING the debt. This is merely purchasing a property that is encumbered. And, no, the courts do NOT see it that way. Case law is well established differentiation between a loan assumption, and a subject to purchase.
Fraud can be charged if the purchaser has not fully disclosed intent and circumstance to the seller, as well as the other way around. However, we need to be clear that with a subject to transaction the debt is secured by the property; most often personal liability via a guarantee rests and remains with the seller/original borrower, the property buyer has no responsibility for the debt and no personal liability UNLESS he modified this status by contract agreement with the seller; in which case he may be liable to the seller only.
No problem. It's a distinction without a difference, according to the federal court judge I litigated under.
Would you also say the seller has no right to sue the buyer if the payments aren't made? Would you also say equity skimming can't occur because buyer never accepted responsibility for the loan? Would you also say the original contract has no enforceable power on the buyer without the signature of the buyer?
I don't want to put words in your mouth, so I will just say those were issues as part of federal litigation. You have likely heard of Fidelity National Title Group, who sent 4 attorneys to litigate, because it was a Subject To case that would change Title liability.
As always, facts are case specific.
Do you have a cite for that case? I'd like to take a look at it.
Seems the property Morby bought out of foreclosure is in Lake Havasu AZ & falls under
https://www.azleg.gov/ars/33/00412.htm
B. Unrecorded instruments, as between the parties and their heirs, and as to all subsequent purchasers with notice thereof, or without valuable consideration, shall be valid and binding.
I get that but if you used that logic all these lenders that have their borrowers sign a quit claim at closing to be held in case they default/ or DIL and instruct title to hold it.. same thing they made a loan and now 2 minutes later they have the property back because this deed was signed.. Make for complicated transactions thats for sure.. NO equity no bueno.. long term rentals NO good either.
In MN if you try to get a rental license and your nowhere to be found on record of ownership and there is a different owner on record, there gonna catch n flag that requiring the "actual" property owner has to complete all licensing requirements.
And then there is the next level of doing a lease with a tenant. A lease is a conveyance of property use rights. Rights only an owner can convey, not your neighbor, not your Sunday bowling league buddy, only the property owner.
So then say you go doing all this work around efforts. Get a rental license, get it rented. Tenant moves out and ya hit em with say $2k assessed damages at move out.
Tenant says "F-u man, you don't even own the property, I looked it up, your renting somebody else's house". You threaten em with whatever, collections or small claims court, whatever.
So next tenant goes to a FREE tenants rights/advocacy group, who is all too happy to jump all over it. Next they report you to the Atty Gen. office claiming your doing fraud.
And it's a whole mess now. Court hearings galore, just a mess. Good luck wading through that feces storm.
See, this whole SubTo thing in residential is always just this daisy-chain of work arounds for this, work arounds for that, hide this, hide that...... Vs you could have just done a C4D and gotten the exact same deal results, had it recorded, avoided all the BS.
In residential, can anyone give me a good reason where SubTo is BETTER than a C4D? Something it does that a C4D can't? Serious question.
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In residential, can anyone give me a good reason where SubTo is BETTER than a C4D? Something it does that a C4D can't? Serious question.
Subto highly benefits the buyer. A guru can sell the concept of "no money needed", "no risk", "big returns" easily and make a LOT of money. ;-)
Keep in mind, there are legitimate investors, who have lots of experience and plenty of money that do SubTo legally and ethically.
That's not a reason, nor any detail, you only give an opinion that SubTo benefits the buyer, and no anything of it vs C4D.
Then talk about how SubTo is good for the Guru slingling how-to courses.
Aaaaaa ok, what the hell does a Guru's ability to sell more courses have to do with the actual viability of the transaction themselves?
You say "no money down" for SubTo. That's been pretty well fleshed out as the idiots path, persons with diddly squat for $ buying SubTo.
But more over, you can 100% buy on C4D with $1.00 down.
Both have cost of processing the transaction paperwork so that's a wash.
Next, to call SubTo "no risk" is the pinnacle of ridiculous BS statements. Seriously, you couldn't have meant that. That's like saying stop lights are GREEN, red light means go, it's just total blatant BS.
As for making "big returns", that is deal dependent. A person can make "big returns" in any/every strategy in existence, as well as making "big losses" and everywhere in between.
Yet again, NOBODY can point out 1 single logical or legit reasoning of anything SubTo does positively that can't be done via C4D........
So I ask, why do SubTo then? EVER. If we have C4D readily available that achieves all the same things, BUT without all the negatives SubTo brings with it.
WHY?.......
I am begging someone please give me just 1 logical legit reasoning, not opinion but a actual factual reasoning. I am coming at this with scientific method trying to find this answer and I can't. It seems nobody can either.
C4D does everything positive a SubTo can and without all the negatives; PROVE ME WRONG.
James,
The way you describe contract for deed in your closing sounds very attractive. I have bought one property on a contract for deed years ago and got the seller to agree to change it for a deed and mortgage/deed of trust. One of my concerns is how and what would be the remedy if the buyer finished paying and something happened to the seller before the seller could sign off on the deed. I’m in Texas so I would not be able to use a C4D here, but if I ever ventured out into other areas it would be good to know.
When I ask "Professor Google" about this it says C4D is NOT illegal in TX, just strictly regulated. Because it can be predatory. Which yeah, it totally could be so makes sense.
And in the little bit of looking I did, it seems it's all rather simple standard stuff. At least by my take. Thinks that basically read to don't use C4D to F-people.
So yeah, dig deeper into that, looks that is IS an option for ya.

Jim not following here I know of course what a C4D is was super common in Or and WA in the day.. but if you have an already existing mortgage and you are not retiring it what does the C4D do for you than a wrap or All inclusive Deed of trust . C4D is just another DT or Mort the only difference is title does not transfer but you still have to foreclosue it out if it defaults ???
Can you explain the mechanics.
I think in majority part it's really about simplicity.
With just an hour or so of conversation people readily understand and grasp all the details and facets of C4D, be it buyer or sellers.
The process of processing one and closing is also rather simple and streamlined.
All the various questions of "what if this, what if that" are readily answered, clearly stated, known and comprehended by all parties.
We have to keep in mind that these are not savvy persons most times, there blue collar average every day people, complexity is complex. And complex things are scarry in terms of a transaction the size of a home.
Those other options exist but there even far less known, much harder to grasp for people, and when people ask around on it many say "oh yeah, contract for deed, oh yeah I've heard of that before my parents/grandparents did...." and that is a very reassuring thing for people to hear it's known and been long experienced by others from "back in the day".
If go full-Monty on a default, yeah would have to follow that but at least here in MN it is a simplified process. It does not carry the exact same full extent for foreclosure as say Wells Fargo with a conforming mortgage has to go through. There is no 6mnth right of recission. Because all these things for default are in the contract and it's not a default and foreclosure on a mortgage, it's on a contract FOR a deed, not a mortgage instrument itself.
The law views it more like a delayed closing than a mortgage note. If that makes sense.
In all the years I've dealt with these I have never personally had one gone that road of default. And I've only known 1 that all but did. In that one, my friend filled the legal paperwork and got all that going and in 11th hour the buyer surrendered property back, vacated and paid up all outstanding monies, cancelling the contract mutually. And in that one, my friend did it to himself, he took a $5k down payment on a flipping duplex. Security deposits were more then $5k. So yeah, he set that one up for failure from get-go.
Generally speaking the #1 "problem" I've seen is near end of term buyers get approved for mortgage, approved for a lot more then what they need, start looking at home on the market at that higher approval level, then say they changed their mind and bought a different place so asking if seller would just donate back the $ they paid on this one.
Which is a no, a solid no. And they move on. Never had a 1 go to court or anything like that. They accept it as a cost of there decision.
The mechanics here in MN on default is actually a lot more like the process for a tenant who's in default and getting them out. Which if a tenant fights, can be a heck of a process. I actually have seen harder longer times to get a tenant out for default than on C4D.
Again, this is all with the preface of a C4D done correctly and legally.
James the issue is Sub to is a completely different transaction than C$D . One your taking title . the other your not C4D you have an interest but no deed until you pay it off.. And generally were i have seen them used is with free and clear prop not prop with an existing mortgage/trust deed.. And seller carry back on land for the most part.
Yeah I get that one difference with deed transferring or not.
But that doesn't matter for a buyer, if deed moves or not. When I or my clients go to acquire a property, and really I think all should view it this way, we don't care about "ownership", we care about USERSHIP and Control.
Look, think of it this way:
Larry Landowner has 1oo acres of land to sell, he's ready to retire and is closing up shop on farming. This land is great land for development. Larry want's $1million dollars which is fair.
Bob the buyer has a buddy Dan the developer who he knows can readily get this done for him, OR would even be all too happy to buy it for $1.5, but Bob is thinking he'd almost rather keep it through it all vs flip it. But who knows.
Now Bob has a choice.
If Bob is focused on needing that title "owner" it's gonna cost him $1million dollars. Sure he could get financing and that's going to increase the cost now isn't it.
OR.....
Bob get's an Option on it for the full price, throwing $20k at Larry saying Bob's gotta make it happen in next 12 mnths. That $20k is Larrys no matter what happens, buy's it, doesnt, that $ is gone.
Does the "ownership" matter?
With the purchase option Bob has total control doesn't he.
If I use a C4D on a purchase I have all the use and control of a property. I can sell it, rent it out, I can do all the same things with it, and make the same $ regardless if deed passed or not.
AND I DONT have the issues of ticking off anyone holding a mortgage by transferring a deed which SubTo can, has, does and will do.
Now, a person can argue I can't go out and get 2nd, 3rd, 4th, 5th financing on that property without satisfying that held mortgage. Yup, 100% correct, I can't go out and do STUPID super HIGH RISK over-leveraging. I call that a good thing.
And if that additional financing is NOT over-leveraging than it is readily going to satisfy the held existing financing thus executing on the C4D and now I financed out of the C4D and have that ownership.
OR let's say I'm Nick-no-money and I buy on C4D where a 1st mortgage is held by seller and I want to get reno funds to fix it up which would be a 2nd on it. I simply negotiate that WITH seller and get sellers approval, in which seller would be a signor to it all because THERE AWARE and nothing is shady under the table stuff and the C4D has all this calculated into it.
So you see, as I mentioned I don't know anything SubTo does that I can't do with C4D BETTER, simpler, with less negative potentials.
Yeah I get that one difference with deed transferring or not.
But that doesn't matter for a buyer, if deed moves or not."
Are you talking about investors or scammer's? Deed transfer is a very big deal to investors.
I represent many investors, of various types and sizes.
My agents are also investors and, also represent a whole host of investors.
None of us care about deed.
We care about CONTROL and MONITIZATION.
Proof.
Say someone wants to rent you there property that has a market rent of $1k per month, on a 30yr lease for $1 per month.
Are you gonna tell me that's a "bad deal" because you don't "own" the property?
Since not getting the deed day 1, it's bad?
Hogwash.
I get it, your slinging SubTo.
I am "selling" exactly NOTHING.
I have no dog in the fight other than facts and truth.
I have the ability to do ANY transaction method and it changes all but nothing in my business.
But I get it, if someone has built a business around selling SubTo edu or various, yup, I could see how they feel threatened by these conversations.
Everything we get with a C4D makes the deed an unnecessary piece of paper.
As I pointed out, the only impact is can't go and layer other financing on top of a property someone else is holding a mortgage note on.
Again, I call that a good thing.
I notice you never give any facts Ken, just opinions.
Do you have any supporting facts for your opinions?
Post: Can a “Subject to” Transaction be done SAFELY?

- Real Estate Broker
- Minneapolis, MN
- Posts 4,353
- Votes 5,758
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That is a fantastic question.
For more than 20 years and over 15,000 closings we had 3 wraps called due. We fixed all three easily.
Then for the past approximate 3 years and numerous hundred closings, we have seen about 10 to 12 due on sale issues. There are a few reasons for this: getting insurance in place improperly; inappropriate contact with the bank; one loan servicer that is looking for wraps; etc. So, yes - there has been an increase in the percentage of wraps called due. Still a very small percentage -- but an increase.
On each of the approximate dozen that have occurred, only 1 loan was paid off and that was voluntary since the balance was very low. We have fixed all the rest.
I agree the due on sale clause is a risk in wraps.It is just a very small risk that can be fixed if needed. And, all real estate transactions have risk. Some more than others. It is our job to manage the risk at the inception of the project.
Thanks for the info and comments.
Alan
Good info.
I don't mean for you to talk out of class, but Pace Morby says in one of his recent videos that he is doing "table top" closings (closing outside of escrow) "because he knows what he is doing".
Since he, as the "leader of the pack" has announced that information, which of course influences large numbers of others to follow suit, people who don't want to spend the money for a proper close;
well . . . let me change my thought here, from asking a question to making a comment. The recklessness that trend represents and its implications are staggering.
No response necessary ;-)
This is a larger problem than people think. Many of the people paying

$8,800 to 12,000.00 to Pace are not even real estate investors. I have seen Pace pop up on You Tube seemingly like he wants inexperienced people. Too many people are being hurt and it is just a matter of time before a State AG or the DOJ gets involved. The "Morby Method" people have no business making a "big chunk" off of OPD (Other People's Deals)!
Don I think they close quite a few as Pace has a few things he teaches one is gater funding which is providing EM deposits for wholesalers and flippers. Of course what could go wrong with that .. He also talks a lot about gap funding or seconds so those we know will blow up occasionally. He has made millions personally Just like any other national guru who hit it just right has the Utah based fulfillment companies coordinating his marketing. I suspect if I was guess he has made North of 50 mil personally and it could be closer to 100 mil over the last 5 or so years he has been doing this.. All the negative press he gets on Bp just water off of a very wealthy ducks back I am sure he could give a rip about what anyone says about him here on BP. Guru done with right timing and right product like Sub to when rates rose is a total money maker for sure..
Ain't no way....Even Clayton Morris who had a much larger following than Pace grossed a fraction of that. Morris got paid $6,000 by Whalen for every house he sold. He sold about 500 so that's a gross of $3 million......No way Pace is pulling in $6,000 from his students who need $500 EMD loans.
ya I beg to differ Jim.. I worked with Armando Montelongo and Nick Vertucci and rich dad poor dad .. these guys made MILLIONS and I am very confident that Pace has made that kind of money Keep in mind he is not selling houses he is just selling information and subscriptions to his club.. Not defending him or his message .. But I know what kind of money is made in that business being a back end vendor and personal friends with Nick and others in the industry I have also been to 2 of the different fulfillment companies in Utah These guys make so much money I know you probably dont beleive it.. But one of them had about 150 callers on their floor of their office and the other had about 600 employees.. Plus a 30 million dollar jet you dont buy those on CC and BS.
its a fact those buying into Paces club for the 8 to 10k 90% will do nothing but Pace has retained the payments..
Also Rich Dad made bank I was a vendor for a few years at their monthly seminars were 100 or so investors paid 40k each to be there and that was monthly.. Now granted the cost to get the butts in the seats for the in person events was about 50% of revenue.. by the time you advertise do the first freebie event then then the 3 day work shop..
At Armondos and Nicks events which were 8 to 10 times a year they would have 500 folks which accounted to about 200 paying clients each at 40k.. do the math.. And then at the event they upsold them other educations and once they sold everything they could sell.. The students would come to the back of the room to buy rentals and thats were I was at.. I would provide financing of the BRRR for their rentals.. SO we would make 25 to 40 sales in one day 8 to 10 times a month.. It was pretty wild.. Met a lot of interesting folks over the years.
Not sure if Pace does big events like this but he certainly sells his info and his timing was perfect for SUB to rates rose and it was a perfect pitch for him at the time.
Just like when I started in RE in 75 by 79 to 90 when rates sky rockets sub to or owner finance or wraps of our properties were 80% or more of the transactions.. One year we did 800 transactions this was buying our inventory and then selling so 400 properties.. we were in the land business this was all land.. And a ton of fun in the day.
I'm sure the guy is making money, but pulling in the kind of numbers Armando was pulling in back in the early 2,000's, no way no how. Armando was a legit mainstream household name with his show. Guy was like Property Brother's big. Today the media landscape is too saturated with all that stuff. It's been done by everyone and their brother and his following is way too small to be able to sell that many $8,000 courses to people who need a loan for an EMD.
This https://thestrive.co/pace-morby-net-worth/ jumps into trying to sort out his actual income and net worth but even then, it's a big question mark.
Given his history prior to all this, namely the ugly stuff in his history, I don't think there will ever be full clarity of it all because I am certain he is laser focused on obfuscating it as much as possible.
And if in his shoes, yup, I'd do the exact same.
Keep in mind James that if you made a "How-To-Sec8" success program, sold it for just $2,500..... You'd only have to sell 40k of those to hit $100million in gross sales.
There is more then 1.3million sec8 rental units is US. That's selling a package to just 3% of units out there.
Make it $5k and add a "monthly payment plan" now were talking only 20k sales to hit $100milliion.....
Fruit for thought.
Yea but he ain't selling 40,000 $2,500 courses man. He's got like 300,000 YouTube subs. When you're selling paid info you're lucky to get 1/10th of a % of what people are gonna consume for free.
And to be clear, I don't have any issue with people selling info. I just think the info he sells sucks and do not think he's made anywhere near $50M or $100M selling it.
He likely only made a fraction of that.
Oh ya agreed. From what I can see of his operations I'd peg him at like $1M-$2M or so a year. Which is an amazing income nonetheless.
Serious question oh-great Blue-one:
What risk exposure do you think he's carrying for this, whatever income?
Morris was doing great, flying high, until he wasn't, and all came a tumblin down.
I mean what you showed here, how's he use the excuse that he was just sharing "entertainment" info and was not a party to actions when there using POF of HIS bank account..... That seems to really tie him at the hip to things.
Those people get tagged for equity stripping, mortgage fraud, anything fraud.....
Like I said, Morris was doing great, until..... Are we seeing a repeat? What do ya think?
Well like I always say, Sub 2 is for criminals and con artists. I'd imagine being "famous" for something as filthy as Sub 2 comes with a hefty amount of problems at some point or another.
There is always Portugal, right, lol.
Post: Trump Policies Will Put Downward Pressure on Real Estate Rents/Prices

- Real Estate Broker
- Minneapolis, MN
- Posts 4,353
- Votes 5,758
@Scott Trench I disagree with much of your take but I see the very legit place it comes from, and verge on aspects of agreement within aspects of it.
The first and most important key pieces far too many ignore, are not aware of or miss in all this is (a) the very REAL state of where things are in the nation at this point in time, and (b) the very complex and difficult work to.... well for lack of a better term "un-fck" things.
First, changes to Fed's fund rate is of little impact anymore in terms of main-street. Due to a whole laundry list of reasonings, what matters most and IS of impact is the 10yr bond.
And we now see the administration has shifted focus to exactly this. Telling us they are aware of it all, AND that they are taking actions.
Efforts here WILL have impact at main-street level. This is how you most impactfully lower mortgage rates. Will mortgage rates dropping to say 5% cause any recessionary actions? Heck no, it will drive UP prices, and economic activity.
That increased economic activity in housing and purchasing power aid's the production of more housing units. More housing unit production ie more supply helps ease the demand/supply gap and that helps lower costs.
This avenue of game-plan looks a lot to me like one of empowering free-market solutions. All of this is in-line with the stated philosophy of the administration now in place, so I think it's highly probable if not certain.
Tariff's, there is SOOooooo much disinformation and propaganda out there on this front. I'd say it's almost 98% some degree of disinformation be it via out right lies, conveying half truths, frame working truths without full context to impart a false narrative.....
This administrations use and deployment of tariff's is VERY clear, as is most if not nearly every action with this administration which that is a key point itself. the American populace is not used to such truth and clarity, so were always anticipating distortion and hidden truths. No, they say what they mean and mean what they say.
Tariff's today are being used as a form of social engineering on the other nations of which there imposed. There leverage. Leverage to induce an action, NOT the actions of intent themself.
Why? Because we are in, just as the administration states it, in really BAD deals with most of our trading partners. Deals that are more parasitic to the US than beneficial. That are not equalized trade arrangements.
Tariffs are not just "a tool" but "THE tool" to induce and force an equalizing for the playing field to a fair and MUTUALLY beneficial arrangement.
The US's trade arrangements have been just as DOGE has been uncovering literally everywhere else in the Federal Government; wildly inefficient, wrought with corrupt "deals" hemorrhaging US Capitol in insanely irresponsible and detrimental ways to We The People.
DOGE has been pushing into a spotlight what most sane Americans have long known in there gut but never had any knowledge of the exact scope and extent, that after decades of no clarity of actions to the Citizens this "organization" is a train wreck of waste, fraud, abuse and corruption.
It should be no surprise to people.
Take ANY organization of size, take Apple for example, and add in a printing press in the basement and remove ALL reporting requirements to any oversight by shareholders and what will you get after 50/60 years? Yeah, one hell of a mess. Assorted department head's over the years buying pen's from "Uncle Sal" for $1,200 per pen. Because it's ok, there's a printing press in the basement, it won't be noticed, it's just a drop in the bucket.
It's death by a thousand papercuts.
How would any organization right the ship?
Step 1 is a total audit. The A-Team of audits. And getting the Eliot Ness of $ as executioner to those corrupt $ flows.
That's DOGE. POTUS literally picked Elon as an "Untouchable". For the exact reason as what Elon said himself, very publicly, when faced with threat from Disney. Literally defining himself as an "Untouchable" which for those who don't know the reference it was a group that was comprised of uncorrectable and fearless men, being "untouchables" as in they could not be bought or threatened from the criminals they were going after.
That alone should telegraph to everyone the very serious size and scope of what were dealing with here. That it requires "untouchables" to take it on.
Will there be oscillations in the economy? Oh HECK YEAH! Just look at what is going on. We are talking about a war against generations of rampant corruption, waste & fraud in the #1 super power of planet earth..... There is no such things as a pain free way to do such heart surgery.
The "cancer" is a living beast and it is fighting for it's very survival. This IS a war, make no mistake, the US is at war right now. It's being fought with media, accounting, disclosures and dollars. But it IS war none the less.
Step 1, in this "war", is exactly as it is with illegal immigration. Root out, find and STOP the illegal actions. And wall them off from continuing.
Step 2, round up all the known perpetrators and deliver the applicable sentences to remove them from continuation as a continued threat.
Step 3, is putting in place enduring actions to prevent reoccurrence. Done in concert with....
Step 4, how do we clean up, fix, correct the damage that is done to get back to full "health" as a nation.
Personally, for step 4, I don't see any way around the fact of math that it can not be achieved with the USD as it is. There is no way back on $36 Trillion. None.
As resources and revenues grow to meet any way to diminish it, the debt servicing grows it to remain always out of any net ground being captured against it.
That leaves 1 viable option and 1 only. A RESET. It's a fact of maths.
It's not even questionable, it's not like "oh there is a 4% chance"... NO, there is a 0.0000% chance that US will NOT go bankrupt and default in a rather near term UNLESS a reset is acted upon OR engaging in enduring hyperinflation. Which the later would result in bankruptcy and default because the world would decouple USD as world reserve if did such.
And to do a RESET, one would have to complete steps 1-3 first to be positioned for a productive RESET.
In the first cycle through one will NOT get all the corruption, all the fraud, all the illegal immigrants, that's just a fact of reality.
The point is the action to GET INFORMED, to convey knowledge to the populace of the reality of things, the extent of things. Because as we are seeing today, an informed citizenship is a pist-off citizenship. And compounding growth to the support of the mission of this administration.
There after the items put in place will effect an enduring "slow-drip" for enduring enforcement.
Same goes for tariff's, there to GET ACTION in the NOW, to move things to a more equal, fair, level field for all and moving forward.
And we should have enduring tariff's as most nations do, as a government revenue source vs sucking the life blood from every working American.
A Tariff is in simplest terms a different way of doing a sales tax. So if you support the "tax the rich" movement you should be applauding tariff's because that "tax" is felt a thousand times more on the person buying a G6 or Lambo than on the person buying Domino's and Diapers. Yeah, bet many didn't think of that aspect.
How do people think Dubai does it? They don't have astronomical tax's on the citizens to pay for the Palm Islands..... Dubai is an amazingly RICH nation, clean streets, great schools, amazing infrastructure, and it's 0% income tax..... How do you think they do it?
The USA has been engaged in self destructive policy and direction. All ignored it when there was so much runway that the inevitable end was so far down track that it was a distant thought.
Today we are 10' from the end of that runway.
There is no kick-the-can anymore. We kicked it so much it's just a mangled mess of scrap.
The end truly is neigh. The only choice is do we go forward in denial to incur a Soviet Style collapse. Or do we roll up the sleeves and come at it with intent and effort. To mitigate the negatives, smooth the swings, and effect our future in an organized managed fashion?
If we keep going the way this administration is doing it the lows will be less low, the uncertainty less uncertain. We go back to what we had, it will be dinner parties and self-dilution until one Tuesday morning it will all just, be over....... Done...... Zero by noon.
Post: Can a “Subject to” Transaction be done SAFELY?

- Real Estate Broker
- Minneapolis, MN
- Posts 4,353
- Votes 5,758
Quote from @James Wise:
Quote from @Nate Marshall:
Quote from @James Wise:
Quote from @James Hamling:
Quote from @James Wise:
Quote from @Jay Hinrichs:
Quote from @James Wise:
Quote from @Jay Hinrichs:
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Quote from @Ken M.:
Quote from @T. Alan Ceshker:
That is a fantastic question.
For more than 20 years and over 15,000 closings we had 3 wraps called due. We fixed all three easily.
Then for the past approximate 3 years and numerous hundred closings, we have seen about 10 to 12 due on sale issues. There are a few reasons for this: getting insurance in place improperly; inappropriate contact with the bank; one loan servicer that is looking for wraps; etc. So, yes - there has been an increase in the percentage of wraps called due. Still a very small percentage -- but an increase.
On each of the approximate dozen that have occurred, only 1 loan was paid off and that was voluntary since the balance was very low. We have fixed all the rest.
I agree the due on sale clause is a risk in wraps.It is just a very small risk that can be fixed if needed. And, all real estate transactions have risk. Some more than others. It is our job to manage the risk at the inception of the project.
Thanks for the info and comments.
Alan
Good info.
I don't mean for you to talk out of class, but Pace Morby says in one of his recent videos that he is doing "table top" closings (closing outside of escrow) "because he knows what he is doing".
Since he, as the "leader of the pack" has announced that information, which of course influences large numbers of others to follow suit, people who don't want to spend the money for a proper close;
well . . . let me change my thought here, from asking a question to making a comment. The recklessness that trend represents and its implications are staggering.
No response necessary ;-)
This is a larger problem than people think. Many of the people paying

$8,800 to 12,000.00 to Pace are not even real estate investors. I have seen Pace pop up on You Tube seemingly like he wants inexperienced people. Too many people are being hurt and it is just a matter of time before a State AG or the DOJ gets involved. The "Morby Method" people have no business making a "big chunk" off of OPD (Other People's Deals)!
Don I think they close quite a few as Pace has a few things he teaches one is gater funding which is providing EM deposits for wholesalers and flippers. Of course what could go wrong with that .. He also talks a lot about gap funding or seconds so those we know will blow up occasionally. He has made millions personally Just like any other national guru who hit it just right has the Utah based fulfillment companies coordinating his marketing. I suspect if I was guess he has made North of 50 mil personally and it could be closer to 100 mil over the last 5 or so years he has been doing this.. All the negative press he gets on Bp just water off of a very wealthy ducks back I am sure he could give a rip about what anyone says about him here on BP. Guru done with right timing and right product like Sub to when rates rose is a total money maker for sure..
Ain't no way....Even Clayton Morris who had a much larger following than Pace grossed a fraction of that. Morris got paid $6,000 by Whalen for every house he sold. He sold about 500 so that's a gross of $3 million......No way Pace is pulling in $6,000 from his students who need $500 EMD loans.
ya I beg to differ Jim.. I worked with Armando Montelongo and Nick Vertucci and rich dad poor dad .. these guys made MILLIONS and I am very confident that Pace has made that kind of money Keep in mind he is not selling houses he is just selling information and subscriptions to his club.. Not defending him or his message .. But I know what kind of money is made in that business being a back end vendor and personal friends with Nick and others in the industry I have also been to 2 of the different fulfillment companies in Utah These guys make so much money I know you probably dont beleive it.. But one of them had about 150 callers on their floor of their office and the other had about 600 employees.. Plus a 30 million dollar jet you dont buy those on CC and BS.
its a fact those buying into Paces club for the 8 to 10k 90% will do nothing but Pace has retained the payments..
Also Rich Dad made bank I was a vendor for a few years at their monthly seminars were 100 or so investors paid 40k each to be there and that was monthly.. Now granted the cost to get the butts in the seats for the in person events was about 50% of revenue.. by the time you advertise do the first freebie event then then the 3 day work shop..
At Armondos and Nicks events which were 8 to 10 times a year they would have 500 folks which accounted to about 200 paying clients each at 40k.. do the math.. And then at the event they upsold them other educations and once they sold everything they could sell.. The students would come to the back of the room to buy rentals and thats were I was at.. I would provide financing of the BRRR for their rentals.. SO we would make 25 to 40 sales in one day 8 to 10 times a month.. It was pretty wild.. Met a lot of interesting folks over the years.
Not sure if Pace does big events like this but he certainly sells his info and his timing was perfect for SUB to rates rose and it was a perfect pitch for him at the time.
Just like when I started in RE in 75 by 79 to 90 when rates sky rockets sub to or owner finance or wraps of our properties were 80% or more of the transactions.. One year we did 800 transactions this was buying our inventory and then selling so 400 properties.. we were in the land business this was all land.. And a ton of fun in the day.
I'm sure the guy is making money, but pulling in the kind of numbers Armando was pulling in back in the early 2,000's, no way no how. Armando was a legit mainstream household name with his show. Guy was like Property Brother's big. Today the media landscape is too saturated with all that stuff. It's been done by everyone and their brother and his following is way too small to be able to sell that many $8,000 courses to people who need a loan for an EMD.
This https://thestrive.co/pace-morby-net-worth/ jumps into trying to sort out his actual income and net worth but even then, it's a big question mark.
Given his history prior to all this, namely the ugly stuff in his history, I don't think there will ever be full clarity of it all because I am certain he is laser focused on obfuscating it as much as possible.
And if in his shoes, yup, I'd do the exact same.
Keep in mind James that if you made a "How-To-Sec8" success program, sold it for just $2,500..... You'd only have to sell 40k of those to hit $100million in gross sales.
There is more then 1.3million sec8 rental units is US. That's selling a package to just 3% of units out there.
Make it $5k and add a "monthly payment plan" now were talking only 20k sales to hit $100milliion.....
Fruit for thought.
Yea but he ain't selling 40,000 $2,500 courses man. He's got like 300,000 YouTube subs. When you're selling paid info you're lucky to get 1/10th of a % of what people are gonna consume for free.
And to be clear, I don't have any issue with people selling info. I just think the info he sells sucks and do not think he's made anywhere near $50M or $100M selling it.
He likely only made a fraction of that.
Oh ya agreed. From what I can see of his operations I'd peg him at like $1M-$2M or so a year. Which is an amazing income nonetheless.
Serious question oh-great Blue-one:
What risk exposure do you think he's carrying for this, whatever income?
Morris was doing great, flying high, until he wasn't, and all came a tumblin down.
I mean what you showed here, how's he use the excuse that he was just sharing "entertainment" info and was not a party to actions when there using POF of HIS bank account..... That seems to really tie him at the hip to things.
Those people get tagged for equity stripping, mortgage fraud, anything fraud.....
Like I said, Morris was doing great, until..... Are we seeing a repeat? What do ya think?
Post: Can a “Subject to” Transaction be done SAFELY?

- Real Estate Broker
- Minneapolis, MN
- Posts 4,353
- Votes 5,758
Quote from @Joe S.:
Quote from @James Hamling:
Quote from @Ken M.:
Quote from @James Hamling:
Quote from @Jay Hinrichs:
Quote from @Ken M.:
Quote from @Peter Walther:
Quote from @Ken M.:
Quote from @Don Konipol:
Quote from @Ken M.:
Quote from @Don Konipol:
Can a “subject to” transaction be done safely?
There’s been a LOT of “hostility” on BP toward subject to transactions. Some posters have gone so far as to call these transactions scams, questioning the legality, morality, and ethics of the buyer. While imo this is unfair, extreme and just plain incorrect; the detractors do rightly point out that (1) the seller remains liable for a mortgage note secured by a property they no longer own and (2) as long as the note remains outstanding the seller’s credit capacity will be impacted negatively, often resulting in the inability to obtain a mortgage for a home purchase. They further point out that many sellers are unaware of the consequences of selling subject to.
I think it’s important to note that subject to became popular in 1980 - 1982 when it was virtually impossible to transact real estate using conventional financing. Mortgage rates reached 18%, so transaction were all either owner finance, wrap, cash or subject to.
The possible negatives of subject to have been thoroughly discussed. The positives are from the buyers prospective
1- the ability to buy a property with little down payment
2- the ability to obtain financing at below market rate
3 -not needing to qualify for convention/institutional financing
4- not having another debt on your PFS
5 - not needing to pay points and other fees to obtain a new mortgage
The positives for the seller are
1- can possibly sell a property in which they have negative equity without bringing cash to the closing table
2 -expand the pool of potential buyers
3 -possibly obtain a higher price/ quicker sale
4 - can utilize a wrap to potentially earn the “differential” on interest rate
5 -May be able to save the Realtors commission
All this being established, here’s the BIG question: Can a subject to transaction be done where both parties are reasonably protected? Let us know what you think!
.
These are very important points for each side of a creative finance transaction.
A lot of SubTo transactions don't take these considerations into account when filling out their future loan applications. Omitting this information may be mortgage fraud. When buying a property SubTo, one is taking over responsibility for payment, thus incurring the debt. The court sees things that way.
***************************
I would modify #4 "4- not having another debt on your PFS" . Actually, on the loan application 1003's that I've seen,
***************************
Uniform Residential Loan Application 1003
Section 3: Financial Information — Real Estate. This section asks you to list all properties you currently own and what you owe on them.
and includes a full page of boxes to fill in such as
Property Value
Status: Sold, Pending Sale, or Retained
Intended Occupancy: Investment, Primary Residence, Second Home, Other
Monthly Insurance, Taxes,
Association Dues, etc. if not included in Monthly Mortgage Payment
For 2-4 Unit Primary or Investment Property
Monthly Rental Income
Creditor Name Account Number
Monthly Mortgage
Payment Unpaid Balance To be paid off at or before closing
Type: FHA, VA, Conventional, USDA-RD, Other
Credit Limit (if applicable)
It doesn't specifically ask who's name the loan is in. If you are taking the tax write off, you are acknowledging you are paying the debt. If you aren't making the payment, you don't get the tax write off and are subject to fraud for equity skimming.
Here’s where you make a slight error.
“Section 3: Financial Information — Real Estate. This section asks you to listall properties you currently own and what you owe on them”
What YOU owe on them. Unless you’ve signed some additional liability vis a vis the seller, YOU as the buyer of a property SUBJECT TO a mortgage on the property do not personally OWE anything.
“When buying a property SubTo, one is taking over responsibility for payment, thus incurring the debt. The court sees things that way.”
No, when buying a property Subject to, the buyer is specifically NOT personally taking over responsibility for the debt. That would be ASSUMING the debt. This is merely purchasing a property that is encumbered. And, no, the courts do NOT see it that way. Case law is well established differentiation between a loan assumption, and a subject to purchase.
Fraud can be charged if the purchaser has not fully disclosed intent and circumstance to the seller, as well as the other way around. However, we need to be clear that with a subject to transaction the debt is secured by the property; most often personal liability via a guarantee rests and remains with the seller/original borrower, the property buyer has no responsibility for the debt and no personal liability UNLESS he modified this status by contract agreement with the seller; in which case he may be liable to the seller only.
No problem. It's a distinction without a difference, according to the federal court judge I litigated under.
Would you also say the seller has no right to sue the buyer if the payments aren't made? Would you also say equity skimming can't occur because buyer never accepted responsibility for the loan? Would you also say the original contract has no enforceable power on the buyer without the signature of the buyer?
I don't want to put words in your mouth, so I will just say those were issues as part of federal litigation. You have likely heard of Fidelity National Title Group, who sent 4 attorneys to litigate, because it was a Subject To case that would change Title liability.
As always, facts are case specific.
Do you have a cite for that case? I'd like to take a look at it.
Seems the property Morby bought out of foreclosure is in Lake Havasu AZ & falls under
https://www.azleg.gov/ars/33/00412.htm
B. Unrecorded instruments, as between the parties and their heirs, and as to all subsequent purchasers with notice thereof, or without valuable consideration, shall be valid and binding.
I get that but if you used that logic all these lenders that have their borrowers sign a quit claim at closing to be held in case they default/ or DIL and instruct title to hold it.. same thing they made a loan and now 2 minutes later they have the property back because this deed was signed.. Make for complicated transactions thats for sure.. NO equity no bueno.. long term rentals NO good either.
In MN if you try to get a rental license and your nowhere to be found on record of ownership and there is a different owner on record, there gonna catch n flag that requiring the "actual" property owner has to complete all licensing requirements.
And then there is the next level of doing a lease with a tenant. A lease is a conveyance of property use rights. Rights only an owner can convey, not your neighbor, not your Sunday bowling league buddy, only the property owner.
So then say you go doing all this work around efforts. Get a rental license, get it rented. Tenant moves out and ya hit em with say $2k assessed damages at move out.
Tenant says "F-u man, you don't even own the property, I looked it up, your renting somebody else's house". You threaten em with whatever, collections or small claims court, whatever.
So next tenant goes to a FREE tenants rights/advocacy group, who is all too happy to jump all over it. Next they report you to the Atty Gen. office claiming your doing fraud.
And it's a whole mess now. Court hearings galore, just a mess. Good luck wading through that feces storm.
See, this whole SubTo thing in residential is always just this daisy-chain of work arounds for this, work arounds for that, hide this, hide that...... Vs you could have just done a C4D and gotten the exact same deal results, had it recorded, avoided all the BS.
In residential, can anyone give me a good reason where SubTo is BETTER than a C4D? Something it does that a C4D can't? Serious question.
'
In residential, can anyone give me a good reason where SubTo is BETTER than a C4D? Something it does that a C4D can't? Serious question.
Subto highly benefits the buyer. A guru can sell the concept of "no money needed", "no risk", "big returns" easily and make a LOT of money. ;-)
Keep in mind, there are legitimate investors, who have lots of experience and plenty of money that do SubTo legally and ethically.
That's not a reason, nor any detail, you only give an opinion that SubTo benefits the buyer, and no anything of it vs C4D.
Then talk about how SubTo is good for the Guru slingling how-to courses.
Aaaaaa ok, what the hell does a Guru's ability to sell more courses have to do with the actual viability of the transaction themselves?
You say "no money down" for SubTo. That's been pretty well fleshed out as the idiots path, persons with diddly squat for $ buying SubTo.
But more over, you can 100% buy on C4D with $1.00 down.
Both have cost of processing the transaction paperwork so that's a wash.
Next, to call SubTo "no risk" is the pinnacle of ridiculous BS statements. Seriously, you couldn't have meant that. That's like saying stop lights are GREEN, red light means go, it's just total blatant BS.
As for making "big returns", that is deal dependent. A person can make "big returns" in any/every strategy in existence, as well as making "big losses" and everywhere in between.
Yet again, NOBODY can point out 1 single logical or legit reasoning of anything SubTo does positively that can't be done via C4D........
So I ask, why do SubTo then? EVER. If we have C4D readily available that achieves all the same things, BUT without all the negatives SubTo brings with it.
WHY?.......
I am begging someone please give me just 1 logical legit reasoning, not opinion but a actual factual reasoning. I am coming at this with scientific method trying to find this answer and I can't. It seems nobody can either.
C4D does everything positive a SubTo can and without all the negatives; PROVE ME WRONG.
James,
The way you describe contract for deed in your closing sounds very attractive. I have bought one property on a contract for deed years ago and got the seller to agree to change it for a deed and mortgage/deed of trust. One of my concerns is how and what would be the remedy if the buyer finished paying and something happened to the seller before the seller could sign off on the deed. I’m in Texas so I would not be able to use a C4D here, but if I ever ventured out into other areas it would be good to know.
"James, The way you describe contract for deed in your closing sounds very attractive."
Is this where I am supposed to be announcing I am launching a "CD Success Legion" ? lol
"Yes, and now YOU-TOO for the low-LOW 1 time payment of just $47,000 can learn all the tips, tricks and techniques to make $1 Bazillion dollars, PER YEAR, with NO-money, NO-credit, NO-intelligence, NO-effort and in just 25 minutes per week from the comfort of your Mom's basement!"
Lol....
Post: Can a “Subject to” Transaction be done SAFELY?

- Real Estate Broker
- Minneapolis, MN
- Posts 4,353
- Votes 5,758
Quote from @Jay Hinrichs:
Quote from @James Hamling:
Quote from @Jay Hinrichs:
Quote from @James Hamling:
Quote from @Joe S.:
Quote from @James Hamling:
Quote from @Ken M.:
Quote from @James Hamling:
Quote from @Jay Hinrichs:
Quote from @Ken M.:
Quote from @Peter Walther:
Quote from @Ken M.:
Quote from @Don Konipol:
Quote from @Ken M.:
Quote from @Don Konipol:
Can a “subject to” transaction be done safely?
There’s been a LOT of “hostility” on BP toward subject to transactions. Some posters have gone so far as to call these transactions scams, questioning the legality, morality, and ethics of the buyer. While imo this is unfair, extreme and just plain incorrect; the detractors do rightly point out that (1) the seller remains liable for a mortgage note secured by a property they no longer own and (2) as long as the note remains outstanding the seller’s credit capacity will be impacted negatively, often resulting in the inability to obtain a mortgage for a home purchase. They further point out that many sellers are unaware of the consequences of selling subject to.
I think it’s important to note that subject to became popular in 1980 - 1982 when it was virtually impossible to transact real estate using conventional financing. Mortgage rates reached 18%, so transaction were all either owner finance, wrap, cash or subject to.
The possible negatives of subject to have been thoroughly discussed. The positives are from the buyers prospective
1- the ability to buy a property with little down payment
2- the ability to obtain financing at below market rate
3 -not needing to qualify for convention/institutional financing
4- not having another debt on your PFS
5 - not needing to pay points and other fees to obtain a new mortgage
The positives for the seller are
1- can possibly sell a property in which they have negative equity without bringing cash to the closing table
2 -expand the pool of potential buyers
3 -possibly obtain a higher price/ quicker sale
4 - can utilize a wrap to potentially earn the “differential” on interest rate
5 -May be able to save the Realtors commission
All this being established, here’s the BIG question: Can a subject to transaction be done where both parties are reasonably protected? Let us know what you think!
.
These are very important points for each side of a creative finance transaction.
A lot of SubTo transactions don't take these considerations into account when filling out their future loan applications. Omitting this information may be mortgage fraud. When buying a property SubTo, one is taking over responsibility for payment, thus incurring the debt. The court sees things that way.
***************************
I would modify #4 "4- not having another debt on your PFS" . Actually, on the loan application 1003's that I've seen,
***************************
Uniform Residential Loan Application 1003
Section 3: Financial Information — Real Estate. This section asks you to list all properties you currently own and what you owe on them.
and includes a full page of boxes to fill in such as
Property Value
Status: Sold, Pending Sale, or Retained
Intended Occupancy: Investment, Primary Residence, Second Home, Other
Monthly Insurance, Taxes,
Association Dues, etc. if not included in Monthly Mortgage Payment
For 2-4 Unit Primary or Investment Property
Monthly Rental Income
Creditor Name Account Number
Monthly Mortgage
Payment Unpaid Balance To be paid off at or before closing
Type: FHA, VA, Conventional, USDA-RD, Other
Credit Limit (if applicable)
It doesn't specifically ask who's name the loan is in. If you are taking the tax write off, you are acknowledging you are paying the debt. If you aren't making the payment, you don't get the tax write off and are subject to fraud for equity skimming.
Here’s where you make a slight error.
“Section 3: Financial Information — Real Estate. This section asks you to listall properties you currently own and what you owe on them”
What YOU owe on them. Unless you’ve signed some additional liability vis a vis the seller, YOU as the buyer of a property SUBJECT TO a mortgage on the property do not personally OWE anything.
“When buying a property SubTo, one is taking over responsibility for payment, thus incurring the debt. The court sees things that way.”
No, when buying a property Subject to, the buyer is specifically NOT personally taking over responsibility for the debt. That would be ASSUMING the debt. This is merely purchasing a property that is encumbered. And, no, the courts do NOT see it that way. Case law is well established differentiation between a loan assumption, and a subject to purchase.
Fraud can be charged if the purchaser has not fully disclosed intent and circumstance to the seller, as well as the other way around. However, we need to be clear that with a subject to transaction the debt is secured by the property; most often personal liability via a guarantee rests and remains with the seller/original borrower, the property buyer has no responsibility for the debt and no personal liability UNLESS he modified this status by contract agreement with the seller; in which case he may be liable to the seller only.
No problem. It's a distinction without a difference, according to the federal court judge I litigated under.
Would you also say the seller has no right to sue the buyer if the payments aren't made? Would you also say equity skimming can't occur because buyer never accepted responsibility for the loan? Would you also say the original contract has no enforceable power on the buyer without the signature of the buyer?
I don't want to put words in your mouth, so I will just say those were issues as part of federal litigation. You have likely heard of Fidelity National Title Group, who sent 4 attorneys to litigate, because it was a Subject To case that would change Title liability.
As always, facts are case specific.
Do you have a cite for that case? I'd like to take a look at it.
Seems the property Morby bought out of foreclosure is in Lake Havasu AZ & falls under
https://www.azleg.gov/ars/33/00412.htm
B. Unrecorded instruments, as between the parties and their heirs, and as to all subsequent purchasers with notice thereof, or without valuable consideration, shall be valid and binding.
I get that but if you used that logic all these lenders that have their borrowers sign a quit claim at closing to be held in case they default/ or DIL and instruct title to hold it.. same thing they made a loan and now 2 minutes later they have the property back because this deed was signed.. Make for complicated transactions thats for sure.. NO equity no bueno.. long term rentals NO good either.
In MN if you try to get a rental license and your nowhere to be found on record of ownership and there is a different owner on record, there gonna catch n flag that requiring the "actual" property owner has to complete all licensing requirements.
And then there is the next level of doing a lease with a tenant. A lease is a conveyance of property use rights. Rights only an owner can convey, not your neighbor, not your Sunday bowling league buddy, only the property owner.
So then say you go doing all this work around efforts. Get a rental license, get it rented. Tenant moves out and ya hit em with say $2k assessed damages at move out.
Tenant says "F-u man, you don't even own the property, I looked it up, your renting somebody else's house". You threaten em with whatever, collections or small claims court, whatever.
So next tenant goes to a FREE tenants rights/advocacy group, who is all too happy to jump all over it. Next they report you to the Atty Gen. office claiming your doing fraud.
And it's a whole mess now. Court hearings galore, just a mess. Good luck wading through that feces storm.
See, this whole SubTo thing in residential is always just this daisy-chain of work arounds for this, work arounds for that, hide this, hide that...... Vs you could have just done a C4D and gotten the exact same deal results, had it recorded, avoided all the BS.
In residential, can anyone give me a good reason where SubTo is BETTER than a C4D? Something it does that a C4D can't? Serious question.
'
In residential, can anyone give me a good reason where SubTo is BETTER than a C4D? Something it does that a C4D can't? Serious question.
Subto highly benefits the buyer. A guru can sell the concept of "no money needed", "no risk", "big returns" easily and make a LOT of money. ;-)
Keep in mind, there are legitimate investors, who have lots of experience and plenty of money that do SubTo legally and ethically.
That's not a reason, nor any detail, you only give an opinion that SubTo benefits the buyer, and no anything of it vs C4D.
Then talk about how SubTo is good for the Guru slingling how-to courses.
Aaaaaa ok, what the hell does a Guru's ability to sell more courses have to do with the actual viability of the transaction themselves?
You say "no money down" for SubTo. That's been pretty well fleshed out as the idiots path, persons with diddly squat for $ buying SubTo.
But more over, you can 100% buy on C4D with $1.00 down.
Both have cost of processing the transaction paperwork so that's a wash.
Next, to call SubTo "no risk" is the pinnacle of ridiculous BS statements. Seriously, you couldn't have meant that. That's like saying stop lights are GREEN, red light means go, it's just total blatant BS.
As for making "big returns", that is deal dependent. A person can make "big returns" in any/every strategy in existence, as well as making "big losses" and everywhere in between.
Yet again, NOBODY can point out 1 single logical or legit reasoning of anything SubTo does positively that can't be done via C4D........
So I ask, why do SubTo then? EVER. If we have C4D readily available that achieves all the same things, BUT without all the negatives SubTo brings with it.
WHY?.......
I am begging someone please give me just 1 logical legit reasoning, not opinion but a actual factual reasoning. I am coming at this with scientific method trying to find this answer and I can't. It seems nobody can either.
C4D does everything positive a SubTo can and without all the negatives; PROVE ME WRONG.
James,
The way you describe contract for deed in your closing sounds very attractive. I have bought one property on a contract for deed years ago and got the seller to agree to change it for a deed and mortgage/deed of trust. One of my concerns is how and what would be the remedy if the buyer finished paying and something happened to the seller before the seller could sign off on the deed. I’m in Texas so I would not be able to use a C4D here, but if I ever ventured out into other areas it would be good to know.
When I ask "Professor Google" about this it says C4D is NOT illegal in TX, just strictly regulated. Because it can be predatory. Which yeah, it totally could be so makes sense.
And in the little bit of looking I did, it seems it's all rather simple standard stuff. At least by my take. Thinks that basically read to don't use C4D to F-people.
So yeah, dig deeper into that, looks that is IS an option for ya.

Jim not following here I know of course what a C4D is was super common in Or and WA in the day.. but if you have an already existing mortgage and you are not retiring it what does the C4D do for you than a wrap or All inclusive Deed of trust . C4D is just another DT or Mort the only difference is title does not transfer but you still have to foreclosue it out if it defaults ???
Can you explain the mechanics.
I think in majority part it's really about simplicity.
With just an hour or so of conversation people readily understand and grasp all the details and facets of C4D, be it buyer or sellers.
The process of processing one and closing is also rather simple and streamlined.
All the various questions of "what if this, what if that" are readily answered, clearly stated, known and comprehended by all parties.
We have to keep in mind that these are not savvy persons most times, there blue collar average every day people, complexity is complex. And complex things are scarry in terms of a transaction the size of a home.
Those other options exist but there even far less known, much harder to grasp for people, and when people ask around on it many say "oh yeah, contract for deed, oh yeah I've heard of that before my parents/grandparents did...." and that is a very reassuring thing for people to hear it's known and been long experienced by others from "back in the day".
If go full-Monty on a default, yeah would have to follow that but at least here in MN it is a simplified process. It does not carry the exact same full extent for foreclosure as say Wells Fargo with a conforming mortgage has to go through. There is no 6mnth right of recission. Because all these things for default are in the contract and it's not a default and foreclosure on a mortgage, it's on a contract FOR a deed, not a mortgage instrument itself.
The law views it more like a delayed closing than a mortgage note. If that makes sense.
In all the years I've dealt with these I have never personally had one gone that road of default. And I've only known 1 that all but did. In that one, my friend filled the legal paperwork and got all that going and in 11th hour the buyer surrendered property back, vacated and paid up all outstanding monies, cancelling the contract mutually. And in that one, my friend did it to himself, he took a $5k down payment on a flipping duplex. Security deposits were more then $5k. So yeah, he set that one up for failure from get-go.
Generally speaking the #1 "problem" I've seen is near end of term buyers get approved for mortgage, approved for a lot more then what they need, start looking at home on the market at that higher approval level, then say they changed their mind and bought a different place so asking if seller would just donate back the $ they paid on this one.
Which is a no, a solid no. And they move on. Never had a 1 go to court or anything like that. They accept it as a cost of there decision.
The mechanics here in MN on default is actually a lot more like the process for a tenant who's in default and getting them out. Which if a tenant fights, can be a heck of a process. I actually have seen harder longer times to get a tenant out for default than on C4D.
Again, this is all with the preface of a C4D done correctly and legally.
James the issue is Sub to is a completely different transaction than C$D . One your taking title . the other your not C4D you have an interest but no deed until you pay it off.. And generally were i have seen them used is with free and clear prop not prop with an existing mortgage/trust deed.. And seller carry back on land for the most part.
Yeah I get that one difference with deed transferring or not.
But that doesn't matter for a buyer, if deed moves or not. When I or my clients go to acquire a property, and really I think all should view it this way, we don't care about "ownership", we care about USERSHIP and Control.
Look, think of it this way:
Larry Landowner has 1oo acres of land to sell, he's ready to retire and is closing up shop on farming. This land is great land for development. Larry want's $1million dollars which is fair.
Bob the buyer has a buddy Dan the developer who he knows can readily get this done for him, OR would even be all too happy to buy it for $1.5, but Bob is thinking he'd almost rather keep it through it all vs flip it. But who knows.
Now Bob has a choice.
If Bob is focused on needing that title "owner" it's gonna cost him $1million dollars. Sure he could get financing and that's going to increase the cost now isn't it.
OR.....
Bob get's an Option on it for the full price, throwing $20k at Larry saying Bob's gotta make it happen in next 12 mnths. That $20k is Larrys no matter what happens, buy's it, doesnt, that $ is gone.
Does the "ownership" matter?
With the purchase option Bob has total control doesn't he.
If I use a C4D on a purchase I have all the use and control of a property. I can sell it, rent it out, I can do all the same things with it, and make the same $ regardless if deed passed or not.
AND I DONT have the issues of ticking off anyone holding a mortgage by transferring a deed which SubTo can, has, does and will do.
Now, a person can argue I can't go out and get 2nd, 3rd, 4th, 5th financing on that property without satisfying that held mortgage. Yup, 100% correct, I can't go out and do STUPID super HIGH RISK over-leveraging. I call that a good thing.
And if that additional financing is NOT over-leveraging than it is readily going to satisfy the held existing financing thus executing on the C4D and now I financed out of the C4D and have that ownership.
OR let's say I'm Nick-no-money and I buy on C4D where a 1st mortgage is held by seller and I want to get reno funds to fix it up which would be a 2nd on it. I simply negotiate that WITH seller and get sellers approval, in which seller would be a signor to it all because THERE AWARE and nothing is shady under the table stuff and the C4D has all this calculated into it.
So you see, as I mentioned I don't know anything SubTo does that I can't do with C4D BETTER, simpler, with less negative potentials.
Post: Cash flow is a myth? Property does not cash flow till its paid off?

- Real Estate Broker
- Minneapolis, MN
- Posts 4,353
- Votes 5,758
Quote from @Mary Jay:
Quote from @Jeremy H.:
Quote from @Dan H.:
Quote from @Jeremy H.:
Quote from @Dan H.:
Quote from @Jeremy H.:
Quote from @Mary Jay:
So you feel like you get plenty of money from your not paid off rentals that allow you to quit your full time job?
BIG DIFFERENCE between a a few cash flowing rentals vs retiring off of rental income. For example - I have a duplex that rents for $1350 - the mortgage when I started was $636. So roughly 700/month cashflow. Say 50% of that goes towards repairs/maintenance/vacancy etc. That leaves me with $350/mo.
$350/mo. Going to need about 30 of those to live how I want to.
So I would say the cash flow is little - more leverage generally means less cashflow as well. But then you put more money down (for less leverage) and there goes the opportunity cost of a lot of over investments as well as your liquidity.
I use real estate to diversify my investments more than anything now. A little cashflow, some tax deductions to kick down the road, long term appreciation and loan paydown. It's slow money. I think long term it can make sense especially if you can 1031 exchange into something down the road.
I claim if you properly allocate for sustained expenses this is negative cash flow. I also claim that the price and rent indicate it will not appreciate or have rent growth significantly better than inflation.
I could not live on 100 of these (I admit to spending a lot of money). This is not worth the effort and risk of owning a duplex. In my market every PM would charge more than your projected $350/month (which I already indicated is not reality) to manage two average size units in a duplex.
This does not mean cash flow does not exist. It means you may need to be a better hunter or understand ways to add value.
Good luck
I claim you eat crayons. Doesn't mean that markers don't exist. You may need to look under the couch for those.
It's a good deal that works bud. Bought for 104k cash, rehabbed and did a cash-out refi. Left almost nothing in the deal and got a great equity capture at the buy. On top of that (even with the insurance rate increases here) it STILL almost hits the 1% rule in terms of cashflow. While the absolute value may not be high - I have a rehabbed duplex (can you say practically $0 repairs/maintenance/CapEx for the next 10-15 years since I rehabbed when I bought it?) that sits right on the parade routes, a block from the college campus, and block from a bunch of restaurants and bars. Maybe a month of vacancy total in the past 3 years.
I'll take that deal all day. Maybe slow down on the crayons bud, you're looking a little green.
Good luck.
Your definition of a good deal is very different than mine. How long have you had rentals? Have you ever filled out an maintenance/cap ex spreadsheet with expected lifespan and expected replacement costs to try to accurately estimate sustained maintenance/cap ex.
I already know you did not accurately project increased insurance costs. We owned a property once that had crazy insurance increase (it got hit by hurricanes in 2 consecutive years). Fortunately it had a rent point in a different stratosphere than your depicted rent income and could absorb crazy high insurance increases.
@James Hamling is correct about those cap expenses coming. He is not correct about the need to sell before they come IF you have accurately allocated for the expenses and the underwriting depicts a profit worth the effort and risk.
If you purchased or refinanced at near rates near current rate, at that rent point, 1% is negative cash flow when properly allocating for the sustained expenses. Or you can try James' approach to sell before the significant cap ex items but I suspect you will be selling at a price that reflects the impending coming costs.
It is my belief that you have never calculated out your sustained maintenance/cap ex costs and truly believe this has positive cash flow.
I am trying to provide some insight as to your view and to your situation. You seem to not want to take it as intended (to educate) and I am not sure it that is name calling or whatever it is.
I do wish you would take the time this week to do the effort to properly estimate your maintenance/cap ex for a sustained hold. I believe it will be enlightening and will provide some clarity to my post.
By the way I am retired on RE investing (actually i have made enough money in 3 different sources for most people to retire on any one of them). Cash flow is possible, but it also is not necessary to retire off of RE.
Good luck and I wish you the best
I fill out a spreadsheet w/ the bigger ticket items - roof, siding, AC (this one has a mini split), hot water heater, flooring. Smaller items like fixtures, countertops, cabinets I don't worry about as much. This is a small property so the smaller items don't amount to too much.
For this particular duplex - upstairs flooring will come up - looking around $1500 for LVP installed. Roof would be around $5000. Brand new mini split AC installed around $1000. Siding is the big ticket item here. Hot water heaters are tankless and new. Fixtures are new. Countertops are ok - would do a butcher block here - looking around $500 installed (can be sanded, refinished, sealed, epoxied over etc). Plumbing is all brand new. In $2024 I spent $56 on repairs/maintenance between both units. I have this in a spreadsheet and generally divide by how long I think that particular item will last to come up with a monthly cost.
Insurance costs I think were predicted reasonably. No one (ask the people who had to move out of their home due to insurance costs) is predicting insurance costs doubling, tripling in 2-3 years. This duplex is still cashflowing after absorbing the increased insurance costs. In fact it still almost hits the 1% rule. Do you typically take your insurance estimate, then multiply it by 3, and use that as an expense? I doubt anyone does because that wouldn't make sense.
I don't see how rent point has to do with absorbing high insurance costs. If your rent is $3000 and your expenses are $2900, you still can't absorb a high insurance increase. It really has to do with the spread between rent (income) and expenses. Insurance on a 1mm property will also go up a lot more than a 100k property.
I'd actually like to hear your methodology on buying. I understand you have a lot more experience than me (and experience is often the best teacher) but I still think I have done some things right with this property and I think it works out long term. This was my first property, I've owned it for about 3.5 years, and "started" in RE about 4 years ago (all stock market investing prior). I can take a step back for a minute though. A lot of the social media "guru" stuff has gotten me to be an extremely quick skeptic here lately. So I can admit that and that I am very far from being an expert.
How do you manage to get a roof done for 5k on a duplex? Do u do it yourself?
Here in MN the "average" cost for doing an 'average" asphalt pitched roof is about $22k.
If I go to the supply house, where I am allowed to purchase given my GC license, and I order all the materials. And if I call up the BIG roofing subcontractor that 9/10 in the market use and I schedule them out to do the install.
Now like magic that $22k roofing job turned into $12k-$14k.
Real #'s.
So the answer is by doing some work in being your own GC & Project Manager.
It's not for everyone because you gotta be capable of correctly ordering materials and running a jobsite, but it's far from rocket science.
And note in this I do NOT skimp on material quality. It's not only the exact same materials BUT I do some upgraded things vs what the standard GC does.
I believe that if you only build to code, congratulations you just got a D-, because that's what code is, the bare minimum acceptable.
I build to do what BEST and smartest. So I do better improved synthetic felt. I go double in ice & water, run all valleys with I&W, check my attic ventilation and add to assure correct airflow and most often shift to ridge vent.
I am cutting out 2or3 middle-men; a sales rep, a GC, maybe a sub-GC because yes there can be layers of GC's depending on who your hiring. I have seen "roofing contractors" who sub work to a guy who subs work to a guy who subs work to the actual install crew. That's a lot of layers of markup on labor.
I rather just go straight to the main labor sub who has dedicated installers.
Post: Can a “Subject to” Transaction be done SAFELY?

- Real Estate Broker
- Minneapolis, MN
- Posts 4,353
- Votes 5,758
Quote from @Jay Hinrichs:
Quote from @James Hamling:
Quote from @Joe S.:
Quote from @James Hamling:
Quote from @Ken M.:
Quote from @James Hamling:
Quote from @Jay Hinrichs:
Quote from @Ken M.:
Quote from @Peter Walther:
Quote from @Ken M.:
Quote from @Don Konipol:
Quote from @Ken M.:
Quote from @Don Konipol:
Can a “subject to” transaction be done safely?
There’s been a LOT of “hostility” on BP toward subject to transactions. Some posters have gone so far as to call these transactions scams, questioning the legality, morality, and ethics of the buyer. While imo this is unfair, extreme and just plain incorrect; the detractors do rightly point out that (1) the seller remains liable for a mortgage note secured by a property they no longer own and (2) as long as the note remains outstanding the seller’s credit capacity will be impacted negatively, often resulting in the inability to obtain a mortgage for a home purchase. They further point out that many sellers are unaware of the consequences of selling subject to.
I think it’s important to note that subject to became popular in 1980 - 1982 when it was virtually impossible to transact real estate using conventional financing. Mortgage rates reached 18%, so transaction were all either owner finance, wrap, cash or subject to.
The possible negatives of subject to have been thoroughly discussed. The positives are from the buyers prospective
1- the ability to buy a property with little down payment
2- the ability to obtain financing at below market rate
3 -not needing to qualify for convention/institutional financing
4- not having another debt on your PFS
5 - not needing to pay points and other fees to obtain a new mortgage
The positives for the seller are
1- can possibly sell a property in which they have negative equity without bringing cash to the closing table
2 -expand the pool of potential buyers
3 -possibly obtain a higher price/ quicker sale
4 - can utilize a wrap to potentially earn the “differential” on interest rate
5 -May be able to save the Realtors commission
All this being established, here’s the BIG question: Can a subject to transaction be done where both parties are reasonably protected? Let us know what you think!
.
These are very important points for each side of a creative finance transaction.
A lot of SubTo transactions don't take these considerations into account when filling out their future loan applications. Omitting this information may be mortgage fraud. When buying a property SubTo, one is taking over responsibility for payment, thus incurring the debt. The court sees things that way.
***************************
I would modify #4 "4- not having another debt on your PFS" . Actually, on the loan application 1003's that I've seen,
***************************
Uniform Residential Loan Application 1003
Section 3: Financial Information — Real Estate. This section asks you to list all properties you currently own and what you owe on them.
and includes a full page of boxes to fill in such as
Property Value
Status: Sold, Pending Sale, or Retained
Intended Occupancy: Investment, Primary Residence, Second Home, Other
Monthly Insurance, Taxes,
Association Dues, etc. if not included in Monthly Mortgage Payment
For 2-4 Unit Primary or Investment Property
Monthly Rental Income
Creditor Name Account Number
Monthly Mortgage
Payment Unpaid Balance To be paid off at or before closing
Type: FHA, VA, Conventional, USDA-RD, Other
Credit Limit (if applicable)
It doesn't specifically ask who's name the loan is in. If you are taking the tax write off, you are acknowledging you are paying the debt. If you aren't making the payment, you don't get the tax write off and are subject to fraud for equity skimming.
Here’s where you make a slight error.
“Section 3: Financial Information — Real Estate. This section asks you to listall properties you currently own and what you owe on them”
What YOU owe on them. Unless you’ve signed some additional liability vis a vis the seller, YOU as the buyer of a property SUBJECT TO a mortgage on the property do not personally OWE anything.
“When buying a property SubTo, one is taking over responsibility for payment, thus incurring the debt. The court sees things that way.”
No, when buying a property Subject to, the buyer is specifically NOT personally taking over responsibility for the debt. That would be ASSUMING the debt. This is merely purchasing a property that is encumbered. And, no, the courts do NOT see it that way. Case law is well established differentiation between a loan assumption, and a subject to purchase.
Fraud can be charged if the purchaser has not fully disclosed intent and circumstance to the seller, as well as the other way around. However, we need to be clear that with a subject to transaction the debt is secured by the property; most often personal liability via a guarantee rests and remains with the seller/original borrower, the property buyer has no responsibility for the debt and no personal liability UNLESS he modified this status by contract agreement with the seller; in which case he may be liable to the seller only.
No problem. It's a distinction without a difference, according to the federal court judge I litigated under.
Would you also say the seller has no right to sue the buyer if the payments aren't made? Would you also say equity skimming can't occur because buyer never accepted responsibility for the loan? Would you also say the original contract has no enforceable power on the buyer without the signature of the buyer?
I don't want to put words in your mouth, so I will just say those were issues as part of federal litigation. You have likely heard of Fidelity National Title Group, who sent 4 attorneys to litigate, because it was a Subject To case that would change Title liability.
As always, facts are case specific.
Do you have a cite for that case? I'd like to take a look at it.
Seems the property Morby bought out of foreclosure is in Lake Havasu AZ & falls under
https://www.azleg.gov/ars/33/00412.htm
B. Unrecorded instruments, as between the parties and their heirs, and as to all subsequent purchasers with notice thereof, or without valuable consideration, shall be valid and binding.
I get that but if you used that logic all these lenders that have their borrowers sign a quit claim at closing to be held in case they default/ or DIL and instruct title to hold it.. same thing they made a loan and now 2 minutes later they have the property back because this deed was signed.. Make for complicated transactions thats for sure.. NO equity no bueno.. long term rentals NO good either.
In MN if you try to get a rental license and your nowhere to be found on record of ownership and there is a different owner on record, there gonna catch n flag that requiring the "actual" property owner has to complete all licensing requirements.
And then there is the next level of doing a lease with a tenant. A lease is a conveyance of property use rights. Rights only an owner can convey, not your neighbor, not your Sunday bowling league buddy, only the property owner.
So then say you go doing all this work around efforts. Get a rental license, get it rented. Tenant moves out and ya hit em with say $2k assessed damages at move out.
Tenant says "F-u man, you don't even own the property, I looked it up, your renting somebody else's house". You threaten em with whatever, collections or small claims court, whatever.
So next tenant goes to a FREE tenants rights/advocacy group, who is all too happy to jump all over it. Next they report you to the Atty Gen. office claiming your doing fraud.
And it's a whole mess now. Court hearings galore, just a mess. Good luck wading through that feces storm.
See, this whole SubTo thing in residential is always just this daisy-chain of work arounds for this, work arounds for that, hide this, hide that...... Vs you could have just done a C4D and gotten the exact same deal results, had it recorded, avoided all the BS.
In residential, can anyone give me a good reason where SubTo is BETTER than a C4D? Something it does that a C4D can't? Serious question.
'
In residential, can anyone give me a good reason where SubTo is BETTER than a C4D? Something it does that a C4D can't? Serious question.
Subto highly benefits the buyer. A guru can sell the concept of "no money needed", "no risk", "big returns" easily and make a LOT of money. ;-)
Keep in mind, there are legitimate investors, who have lots of experience and plenty of money that do SubTo legally and ethically.
That's not a reason, nor any detail, you only give an opinion that SubTo benefits the buyer, and no anything of it vs C4D.
Then talk about how SubTo is good for the Guru slingling how-to courses.
Aaaaaa ok, what the hell does a Guru's ability to sell more courses have to do with the actual viability of the transaction themselves?
You say "no money down" for SubTo. That's been pretty well fleshed out as the idiots path, persons with diddly squat for $ buying SubTo.
But more over, you can 100% buy on C4D with $1.00 down.
Both have cost of processing the transaction paperwork so that's a wash.
Next, to call SubTo "no risk" is the pinnacle of ridiculous BS statements. Seriously, you couldn't have meant that. That's like saying stop lights are GREEN, red light means go, it's just total blatant BS.
As for making "big returns", that is deal dependent. A person can make "big returns" in any/every strategy in existence, as well as making "big losses" and everywhere in between.
Yet again, NOBODY can point out 1 single logical or legit reasoning of anything SubTo does positively that can't be done via C4D........
So I ask, why do SubTo then? EVER. If we have C4D readily available that achieves all the same things, BUT without all the negatives SubTo brings with it.
WHY?.......
I am begging someone please give me just 1 logical legit reasoning, not opinion but a actual factual reasoning. I am coming at this with scientific method trying to find this answer and I can't. It seems nobody can either.
C4D does everything positive a SubTo can and without all the negatives; PROVE ME WRONG.
James,
The way you describe contract for deed in your closing sounds very attractive. I have bought one property on a contract for deed years ago and got the seller to agree to change it for a deed and mortgage/deed of trust. One of my concerns is how and what would be the remedy if the buyer finished paying and something happened to the seller before the seller could sign off on the deed. I’m in Texas so I would not be able to use a C4D here, but if I ever ventured out into other areas it would be good to know.
When I ask "Professor Google" about this it says C4D is NOT illegal in TX, just strictly regulated. Because it can be predatory. Which yeah, it totally could be so makes sense.
And in the little bit of looking I did, it seems it's all rather simple standard stuff. At least by my take. Thinks that basically read to don't use C4D to F-people.
So yeah, dig deeper into that, looks that is IS an option for ya.

Jim not following here I know of course what a C4D is was super common in Or and WA in the day.. but if you have an already existing mortgage and you are not retiring it what does the C4D do for you than a wrap or All inclusive Deed of trust . C4D is just another DT or Mort the only difference is title does not transfer but you still have to foreclosue it out if it defaults ???
Can you explain the mechanics.
I think in majority part it's really about simplicity.
With just an hour or so of conversation people readily understand and grasp all the details and facets of C4D, be it buyer or sellers.
The process of processing one and closing is also rather simple and streamlined.
All the various questions of "what if this, what if that" are readily answered, clearly stated, known and comprehended by all parties.
We have to keep in mind that these are not savvy persons most times, there blue collar average every day people, complexity is complex. And complex things are scarry in terms of a transaction the size of a home.
Those other options exist but there even far less known, much harder to grasp for people, and when people ask around on it many say "oh yeah, contract for deed, oh yeah I've heard of that before my parents/grandparents did...." and that is a very reassuring thing for people to hear it's known and been long experienced by others from "back in the day".
If go full-Monty on a default, yeah would have to follow that but at least here in MN it is a simplified process. It does not carry the exact same full extent for foreclosure as say Wells Fargo with a conforming mortgage has to go through. There is no 6mnth right of recission. Because all these things for default are in the contract and it's not a default and foreclosure on a mortgage, it's on a contract FOR a deed, not a mortgage instrument itself.
The law views it more like a delayed closing than a mortgage note. If that makes sense.
In all the years I've dealt with these I have never personally had one gone that road of default. And I've only known 1 that all but did. In that one, my friend filled the legal paperwork and got all that going and in 11th hour the buyer surrendered property back, vacated and paid up all outstanding monies, cancelling the contract mutually. And in that one, my friend did it to himself, he took a $5k down payment on a flipping duplex. Security deposits were more then $5k. So yeah, he set that one up for failure from get-go.
Generally speaking the #1 "problem" I've seen is near end of term buyers get approved for mortgage, approved for a lot more then what they need, start looking at home on the market at that higher approval level, then say they changed their mind and bought a different place so asking if seller would just donate back the $ they paid on this one.
Which is a no, a solid no. And they move on. Never had a 1 go to court or anything like that. They accept it as a cost of there decision.
The mechanics here in MN on default is actually a lot more like the process for a tenant who's in default and getting them out. Which if a tenant fights, can be a heck of a process. I actually have seen harder longer times to get a tenant out for default than on C4D.
Again, this is all with the preface of a C4D done correctly and legally.
Post: Can a “Subject to” Transaction be done SAFELY?

- Real Estate Broker
- Minneapolis, MN
- Posts 4,353
- Votes 5,758
Quote from @Joe S.:
Quote from @James Hamling:
Quote from @Ken M.:
Quote from @James Hamling:
Quote from @Jay Hinrichs:
Quote from @Ken M.:
Quote from @Peter Walther:
Quote from @Ken M.:
Quote from @Don Konipol:
Quote from @Ken M.:
Quote from @Don Konipol:
Can a “subject to” transaction be done safely?
There’s been a LOT of “hostility” on BP toward subject to transactions. Some posters have gone so far as to call these transactions scams, questioning the legality, morality, and ethics of the buyer. While imo this is unfair, extreme and just plain incorrect; the detractors do rightly point out that (1) the seller remains liable for a mortgage note secured by a property they no longer own and (2) as long as the note remains outstanding the seller’s credit capacity will be impacted negatively, often resulting in the inability to obtain a mortgage for a home purchase. They further point out that many sellers are unaware of the consequences of selling subject to.
I think it’s important to note that subject to became popular in 1980 - 1982 when it was virtually impossible to transact real estate using conventional financing. Mortgage rates reached 18%, so transaction were all either owner finance, wrap, cash or subject to.
The possible negatives of subject to have been thoroughly discussed. The positives are from the buyers prospective
1- the ability to buy a property with little down payment
2- the ability to obtain financing at below market rate
3 -not needing to qualify for convention/institutional financing
4- not having another debt on your PFS
5 - not needing to pay points and other fees to obtain a new mortgage
The positives for the seller are
1- can possibly sell a property in which they have negative equity without bringing cash to the closing table
2 -expand the pool of potential buyers
3 -possibly obtain a higher price/ quicker sale
4 - can utilize a wrap to potentially earn the “differential” on interest rate
5 -May be able to save the Realtors commission
All this being established, here’s the BIG question: Can a subject to transaction be done where both parties are reasonably protected? Let us know what you think!
.
These are very important points for each side of a creative finance transaction.
A lot of SubTo transactions don't take these considerations into account when filling out their future loan applications. Omitting this information may be mortgage fraud. When buying a property SubTo, one is taking over responsibility for payment, thus incurring the debt. The court sees things that way.
***************************
I would modify #4 "4- not having another debt on your PFS" . Actually, on the loan application 1003's that I've seen,
***************************
Uniform Residential Loan Application 1003
Section 3: Financial Information — Real Estate. This section asks you to list all properties you currently own and what you owe on them.
and includes a full page of boxes to fill in such as
Property Value
Status: Sold, Pending Sale, or Retained
Intended Occupancy: Investment, Primary Residence, Second Home, Other
Monthly Insurance, Taxes,
Association Dues, etc. if not included in Monthly Mortgage Payment
For 2-4 Unit Primary or Investment Property
Monthly Rental Income
Creditor Name Account Number
Monthly Mortgage
Payment Unpaid Balance To be paid off at or before closing
Type: FHA, VA, Conventional, USDA-RD, Other
Credit Limit (if applicable)
It doesn't specifically ask who's name the loan is in. If you are taking the tax write off, you are acknowledging you are paying the debt. If you aren't making the payment, you don't get the tax write off and are subject to fraud for equity skimming.
Here’s where you make a slight error.
“Section 3: Financial Information — Real Estate. This section asks you to listall properties you currently own and what you owe on them”
What YOU owe on them. Unless you’ve signed some additional liability vis a vis the seller, YOU as the buyer of a property SUBJECT TO a mortgage on the property do not personally OWE anything.
“When buying a property SubTo, one is taking over responsibility for payment, thus incurring the debt. The court sees things that way.”
No, when buying a property Subject to, the buyer is specifically NOT personally taking over responsibility for the debt. That would be ASSUMING the debt. This is merely purchasing a property that is encumbered. And, no, the courts do NOT see it that way. Case law is well established differentiation between a loan assumption, and a subject to purchase.
Fraud can be charged if the purchaser has not fully disclosed intent and circumstance to the seller, as well as the other way around. However, we need to be clear that with a subject to transaction the debt is secured by the property; most often personal liability via a guarantee rests and remains with the seller/original borrower, the property buyer has no responsibility for the debt and no personal liability UNLESS he modified this status by contract agreement with the seller; in which case he may be liable to the seller only.
No problem. It's a distinction without a difference, according to the federal court judge I litigated under.
Would you also say the seller has no right to sue the buyer if the payments aren't made? Would you also say equity skimming can't occur because buyer never accepted responsibility for the loan? Would you also say the original contract has no enforceable power on the buyer without the signature of the buyer?
I don't want to put words in your mouth, so I will just say those were issues as part of federal litigation. You have likely heard of Fidelity National Title Group, who sent 4 attorneys to litigate, because it was a Subject To case that would change Title liability.
As always, facts are case specific.
Do you have a cite for that case? I'd like to take a look at it.
Seems the property Morby bought out of foreclosure is in Lake Havasu AZ & falls under
https://www.azleg.gov/ars/33/00412.htm
B. Unrecorded instruments, as between the parties and their heirs, and as to all subsequent purchasers with notice thereof, or without valuable consideration, shall be valid and binding.
I get that but if you used that logic all these lenders that have their borrowers sign a quit claim at closing to be held in case they default/ or DIL and instruct title to hold it.. same thing they made a loan and now 2 minutes later they have the property back because this deed was signed.. Make for complicated transactions thats for sure.. NO equity no bueno.. long term rentals NO good either.
In MN if you try to get a rental license and your nowhere to be found on record of ownership and there is a different owner on record, there gonna catch n flag that requiring the "actual" property owner has to complete all licensing requirements.
And then there is the next level of doing a lease with a tenant. A lease is a conveyance of property use rights. Rights only an owner can convey, not your neighbor, not your Sunday bowling league buddy, only the property owner.
So then say you go doing all this work around efforts. Get a rental license, get it rented. Tenant moves out and ya hit em with say $2k assessed damages at move out.
Tenant says "F-u man, you don't even own the property, I looked it up, your renting somebody else's house". You threaten em with whatever, collections or small claims court, whatever.
So next tenant goes to a FREE tenants rights/advocacy group, who is all too happy to jump all over it. Next they report you to the Atty Gen. office claiming your doing fraud.
And it's a whole mess now. Court hearings galore, just a mess. Good luck wading through that feces storm.
See, this whole SubTo thing in residential is always just this daisy-chain of work arounds for this, work arounds for that, hide this, hide that...... Vs you could have just done a C4D and gotten the exact same deal results, had it recorded, avoided all the BS.
In residential, can anyone give me a good reason where SubTo is BETTER than a C4D? Something it does that a C4D can't? Serious question.
'
In residential, can anyone give me a good reason where SubTo is BETTER than a C4D? Something it does that a C4D can't? Serious question.
Subto highly benefits the buyer. A guru can sell the concept of "no money needed", "no risk", "big returns" easily and make a LOT of money. ;-)
Keep in mind, there are legitimate investors, who have lots of experience and plenty of money that do SubTo legally and ethically.
That's not a reason, nor any detail, you only give an opinion that SubTo benefits the buyer, and no anything of it vs C4D.
Then talk about how SubTo is good for the Guru slingling how-to courses.
Aaaaaa ok, what the hell does a Guru's ability to sell more courses have to do with the actual viability of the transaction themselves?
You say "no money down" for SubTo. That's been pretty well fleshed out as the idiots path, persons with diddly squat for $ buying SubTo.
But more over, you can 100% buy on C4D with $1.00 down.
Both have cost of processing the transaction paperwork so that's a wash.
Next, to call SubTo "no risk" is the pinnacle of ridiculous BS statements. Seriously, you couldn't have meant that. That's like saying stop lights are GREEN, red light means go, it's just total blatant BS.
As for making "big returns", that is deal dependent. A person can make "big returns" in any/every strategy in existence, as well as making "big losses" and everywhere in between.
Yet again, NOBODY can point out 1 single logical or legit reasoning of anything SubTo does positively that can't be done via C4D........
So I ask, why do SubTo then? EVER. If we have C4D readily available that achieves all the same things, BUT without all the negatives SubTo brings with it.
WHY?.......
I am begging someone please give me just 1 logical legit reasoning, not opinion but a actual factual reasoning. I am coming at this with scientific method trying to find this answer and I can't. It seems nobody can either.
C4D does everything positive a SubTo can and without all the negatives; PROVE ME WRONG.
James,
The way you describe contract for deed in your closing sounds very attractive. I have bought one property on a contract for deed years ago and got the seller to agree to change it for a deed and mortgage/deed of trust. One of my concerns is how and what would be the remedy if the buyer finished paying and something happened to the seller before the seller could sign off on the deed. I’m in Texas so I would not be able to use a C4D here, but if I ever ventured out into other areas it would be good to know.
When I ask "Professor Google" about this it says C4D is NOT illegal in TX, just strictly regulated. Because it can be predatory. Which yeah, it totally could be so makes sense.
And in the little bit of looking I did, it seems it's all rather simple standard stuff. At least by my take. Thinks that basically read to don't use C4D to F-people.
So yeah, dig deeper into that, looks that is IS an option for ya.

Post: Can a “Subject to” Transaction be done SAFELY?

- Real Estate Broker
- Minneapolis, MN
- Posts 4,353
- Votes 5,758
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That is a fantastic question.
For more than 20 years and over 15,000 closings we had 3 wraps called due. We fixed all three easily.
Then for the past approximate 3 years and numerous hundred closings, we have seen about 10 to 12 due on sale issues. There are a few reasons for this: getting insurance in place improperly; inappropriate contact with the bank; one loan servicer that is looking for wraps; etc. So, yes - there has been an increase in the percentage of wraps called due. Still a very small percentage -- but an increase.
On each of the approximate dozen that have occurred, only 1 loan was paid off and that was voluntary since the balance was very low. We have fixed all the rest.
I agree the due on sale clause is a risk in wraps.It is just a very small risk that can be fixed if needed. And, all real estate transactions have risk. Some more than others. It is our job to manage the risk at the inception of the project.
Thanks for the info and comments.
Alan
Good info.
I don't mean for you to talk out of class, but Pace Morby says in one of his recent videos that he is doing "table top" closings (closing outside of escrow) "because he knows what he is doing".
Since he, as the "leader of the pack" has announced that information, which of course influences large numbers of others to follow suit, people who don't want to spend the money for a proper close;
well . . . let me change my thought here, from asking a question to making a comment. The recklessness that trend represents and its implications are staggering.
No response necessary ;-)
This is a larger problem than people think. Many of the people paying

$8,800 to 12,000.00 to Pace are not even real estate investors. I have seen Pace pop up on You Tube seemingly like he wants inexperienced people. Too many people are being hurt and it is just a matter of time before a State AG or the DOJ gets involved. The "Morby Method" people have no business making a "big chunk" off of OPD (Other People's Deals)!
Don I think they close quite a few as Pace has a few things he teaches one is gater funding which is providing EM deposits for wholesalers and flippers. Of course what could go wrong with that .. He also talks a lot about gap funding or seconds so those we know will blow up occasionally. He has made millions personally Just like any other national guru who hit it just right has the Utah based fulfillment companies coordinating his marketing. I suspect if I was guess he has made North of 50 mil personally and it could be closer to 100 mil over the last 5 or so years he has been doing this.. All the negative press he gets on Bp just water off of a very wealthy ducks back I am sure he could give a rip about what anyone says about him here on BP. Guru done with right timing and right product like Sub to when rates rose is a total money maker for sure..
Ain't no way....Even Clayton Morris who had a much larger following than Pace grossed a fraction of that. Morris got paid $6,000 by Whalen for every house he sold. He sold about 500 so that's a gross of $3 million......No way Pace is pulling in $6,000 from his students who need $500 EMD loans.
ya I beg to differ Jim.. I worked with Armando Montelongo and Nick Vertucci and rich dad poor dad .. these guys made MILLIONS and I am very confident that Pace has made that kind of money Keep in mind he is not selling houses he is just selling information and subscriptions to his club.. Not defending him or his message .. But I know what kind of money is made in that business being a back end vendor and personal friends with Nick and others in the industry I have also been to 2 of the different fulfillment companies in Utah These guys make so much money I know you probably dont beleive it.. But one of them had about 150 callers on their floor of their office and the other had about 600 employees.. Plus a 30 million dollar jet you dont buy those on CC and BS.
its a fact those buying into Paces club for the 8 to 10k 90% will do nothing but Pace has retained the payments..
Also Rich Dad made bank I was a vendor for a few years at their monthly seminars were 100 or so investors paid 40k each to be there and that was monthly.. Now granted the cost to get the butts in the seats for the in person events was about 50% of revenue.. by the time you advertise do the first freebie event then then the 3 day work shop..
At Armondos and Nicks events which were 8 to 10 times a year they would have 500 folks which accounted to about 200 paying clients each at 40k.. do the math.. And then at the event they upsold them other educations and once they sold everything they could sell.. The students would come to the back of the room to buy rentals and thats were I was at.. I would provide financing of the BRRR for their rentals.. SO we would make 25 to 40 sales in one day 8 to 10 times a month.. It was pretty wild.. Met a lot of interesting folks over the years.
Not sure if Pace does big events like this but he certainly sells his info and his timing was perfect for SUB to rates rose and it was a perfect pitch for him at the time.
Just like when I started in RE in 75 by 79 to 90 when rates sky rockets sub to or owner finance or wraps of our properties were 80% or more of the transactions.. One year we did 800 transactions this was buying our inventory and then selling so 400 properties.. we were in the land business this was all land.. And a ton of fun in the day.
I'm sure the guy is making money, but pulling in the kind of numbers Armando was pulling in back in the early 2,000's, no way no how. Armando was a legit mainstream household name with his show. Guy was like Property Brother's big. Today the media landscape is too saturated with all that stuff. It's been done by everyone and their brother and his following is way too small to be able to sell that many $8,000 courses to people who need a loan for an EMD.
This https://thestrive.co/pace-morby-net-worth/ jumps into trying to sort out his actual income and net worth but even then, it's a big question mark.
Given his history prior to all this, namely the ugly stuff in his history, I don't think there will ever be full clarity of it all because I am certain he is laser focused on obfuscating it as much as possible.
And if in his shoes, yup, I'd do the exact same.
Keep in mind James that if you made a "How-To-Sec8" success program, sold it for just $2,500..... You'd only have to sell 40k of those to hit $100million in gross sales.
There is more then 1.3million sec8 rental units is US. That's selling a package to just 3% of units out there.
Make it $5k and add a "monthly payment plan" now were talking only 20k sales to hit $100milliion.....
Fruit for thought.
Yea but he ain't selling 40,000 $2,500 courses man. He's got like 300,000 YouTube subs. When you're selling paid info you're lucky to get 1/10th of a % of what people are gonna consume for free.
And to be clear, I don't have any issue with people selling info. I just think the info he sells sucks and do not think he's made anywhere near $50M or $100M selling it.
Hey, I am right there in lock-step with ya Brotha.
Only place were not in synch is I shrug the shoulders and say "meah, IDK, maybe there is that many idiot's out there".
6 months ago he posted that there is 13,000 members.... Now i think I can trust what he says about as much as a politician so IDK. But maybe.
I mean hell, look around the world today. I saw a post today of a chick freaking out how she got reported to welfare and is pist there cutting here benefits now demanding she sell her 2024 BMW and until does that her $4kmnth food stamps went to $88 and her sec8 requires she pay 90%, how dare them stop her mnthly cash assistance, and she was going on about how dare them, how dare them demand her report her income and not get her "government check"......
There is a whole lot of really dumb entitled people out there today. A scary #.