There is big money buying property subject to the existing financing.
For example, this weekend students of ours, Proeun and Amy, signed up a deal subject to the existing financing that has about $25,000 in equity and at least $200 a month cash flow. Oh yes, they also have 342 months (28 1/2 years) to pay off the loan. The seller is selling the property for exactly what they bought it for even though they have remodeled the kitchen and added 2 bedrooms. All of this for only $1000 down.
What does it mean to buy a property subject to the existing financing? Well, here are the details.
1. The investor gets the deed to the property. She owns it.
2. The seller's loan stays in place. The investor does not assume the loan or take any responsibility for the loan.
This is a great strategy to reduce your risk in investing in real estate. It doesn't doesn't require much money down and you didn't sign personally on the loan.
So why is it called subject to? Well, you are buying the property subject to the existing financing. This means that you are buying it with the existing financing still in place. If the statement "subject to..." doesn't make sense just replace "subject to" with "with". So, you will be buying the property with the existing financing.
OK, now we are going to get into the "how to" part of the process.
Step 1. Have the seller sign a purchase agreement that spells out that you are buying the the property subject to the existing financing. This can easily be explained in the purchase agreement with the following language.
"Approximate principle balance of first mortgage in the amount of _________________ which conveyance shall be made subject to, if any. Mortgage holder is _________________."
Repeat this for any other mortgages or liens that you are going to be taking the property subject to. You really want to have a good purchase agreement. We have one that you can purchase in our forms CD that will also include all of the other docs that you would need to your investing from A-Z.
The rest of the steps would be considered the closing. This can be at the same time you are signing the purchase agreement. Typically you spend a few days doing your due diligence and then you close the deal when you know it is worth going forward with.
Step 2. Create a land trust that names the seller as the beneficial interest. Name the trustee (someone that isn't going to spill the beans on who owns the property. A lawyer is a good fit)
Step 3. You have the SELLER deed the property into a land trust. Make sure the seller has the warranty deed notarized. Record the deed Warranty Deed (or the equivalent in your area) that transfers the property into the land trust. This is the only document that you need to record. Don't record any other documents except the deed. (The only exception to this may be the power of attorney, but that may not be necessary) You put the property in the land trust so your name does not show up on title to the property. This shields your identity from people that may want to sue you a wide variety of reasons. A land trust does not protect your assets, the land trust just shields your identity.
Step 4. You transfer the beneficial interest in the land trust from the seller to you the investor. This document does not get recorded, it gets filed in your filing cabinet. The only people that know you own the property are you and the seller. This document is what transfers the ownership to you.
Step 5. Have the seller give you a power of attorney so that you can deal with insurance companies, the mortgage companies, home owners associations and any other parties that you may need to contact with regards to the property.
Step 6. Have the seller fill out an authorization to release information about the loan. Make sure you have one for every loan. Next you want to transfer all of the statements that the seller receives to your address.
Step 7. Get any and all paperwork that the seller has pertaining to the house.
These are the steps to buying a house subject to the existing financing. It makes sense to check with a local attorney to find out what types of deed you use and how ownership is transfered into the land trust. Both of these items can change from state to state.