and not have the sale subject to it ?? 

Do you expect to sell the property for more than $250K over what you paid for it, if not no worries about this.As @Frank Chin mentioned, the portion of your property that was being rented is subject to gains.

Are we all subject to capital gains on just the $300k? 

Since without a quiet title action the title may be subject to challenge by the former owner or lienholders, title insurers may not be willing to issue a title policy w/o exception for that risk.I don't know what a 120 affidavit is. 

If we were to become subject to a bankruptcy or similar proceeding, the recovery, if any, of a holder of a Note may be substantially delayed in time and may be substantially less in amount than the principal and interest due and to become due on the Note.

My first instinct was to ask the Realtor but wasn't sure how good his knowledge on the subject is.

Sean Terry focuses on wholesaling and subject-to from private sellers.

This time all $10,000 is subject to income taxes, so your net after tax is $6,000.

They will usually issue an LOI with the proposed terms and they are subject to change during the course of UW.

Second home occupancy loans cannot be leased nor subject to a property management agreement.