Arizona Agreement to Purchase Condominium with Purchase Money Mortgage Financing by Seller, and Subject to Existing Mortgage
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How to fill out Agreement To Purchase Condominium With Purchase Money Mortgage Financing By Seller, And Subject To Existing Mortgage?
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FAQ
When a buyer takes title to property "subject to" the loan, the lender is not notified of the transaction or asked for their approval, because the seller is not released from responsibility. The buyer is making the payments instead of the seller in this case.
One way to significantly cut down on closing and recurring costs relative to buying a home is to buy a home subject to an existing loan. This basically means that you, as the buyer, unofficially take over the seller's existing mortgage payments.
Disadvantages of subject-to loans Some mortgage companies call loans due if the property transfers to a new buyer. You may lose the house if you do not have the cash to pay off the mortgage and cannot get financing in your name. Finally, insuring the home can be very challenging.
In a traditional mortgage, the bank holds the deed. With a purchase-money mortgage, the seller holds the deed.
Buying a property "subject-to" means a buyer essentially takes over the seller's remaining mortgage balance without making it official with the lender. It's a popular strategy among real estate investors. When interest rates rise, it may also be an attractive financing option for general homebuyers.
Some of the risks include the lender calling the note due when they find out about the deal. If the lender is not willing to work with you, then you will have to refinance or have the property repossessed. This can subject you to fines from the seller as well as from the lender and any tenants you have in the property.
A subject to mortgage will have the buyer take control of the property and make payments to the seller, who will then pay off the mortgage in their own name. A good subject to mortgage clause should be viewed by a real estate attorney before any decisions are made.
That said, there are two common reasons a homeowner would consider using a subject to mortgage strategy: they either can't sell at the price they want, or they need to sell sooner rather than later. The former reason would suggest the homeowner has little to no equity and need to sell at a certain price?no exceptions.