Why Buying a Home Subject-To Can Be Risky (2024)

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.

Learn more about buying subject-to, how it works, and the pros and cons of this strategy.

What Does Buying "Subject-To" Mean in Real Estate?

Buying subject-to means buying a home subject-to the existing mortgage. It means that the seller is not paying off the existing mortgage. Instead, the buyer is taking over the payments. The unpaid balance of the existing mortgage is then calculated as part of the buyer's purchase price.

For example, suppose the seller took out a mortgage for $200,000. They had paid $150,000 of it before they decided to sell the home. The new buyers would then make payments on the remaining $50,000.

Under a subject-to agreement, the buyer continues making payments to the seller’s mortgage company. However, there’s no official agreement in place with the lender. The buyer has no legal obligation to make the payments. Should the buyer fail to repay the loan, the home could be lost to foreclosure. However, it would be in the original mortgagee’s name (i.e., the seller's).

Reasons a Buyer May Purchase a Subject-To Property

The biggest perk of buying subject-to real estate is that it reduces the costs to buy the home. There are no closing costs, origination fees, broker commissions, or other costs. For the real estate investor who plans to rent or re-sell the property down the line, that means more room for profits.

For most homebuyers, the primary reason for buying subject-to properties is to take over the seller's existing interest rate. If present interest rates are at 4% and a seller has a 2% fixed interest rate, that 2% variance can make a huge difference in the buyer's monthly payment. For example:

• A $200,000 mortgage at a 2% interest rate is amortized at a payment of $739.24 per month.
• A $200,000 mortgage at a 4% interest rate is amortized at a payment of $954.83 per month.
• The monthly savings to a buyer under these circ*mstances is $215.59 or $2,587.08 per year.

Another reason that certain buyers are interested in purchasing a home subject-to is they might not qualify for a traditional loan with favorable interest rates. Taking over the existing mortgage loan might offer better terms and lower interest costs over time.

3 Types of Subject-To Options

Not all subject-to loans look the same. Typically, there are three types of subject-to options.

A Straight Subject-To, Cash-To Loan

The most common type of subject-to occurs when a buyer pays in cash the difference between the purchase price and the seller's existing loan balance. For example, if the seller's existing loan balance is $150,000, and the sales price is $200,000, the buyer must give the seller $50,000.

A Straight Subject-To With Seller Carryback

Seller carrybacks, also known as "seller financing" or "owner financing," are most commonly found in the form of a second mortgage. A seller carryback could also be a land contract or a lease option sale instrument.

For example, suppose the home's sales price is $200,000, with an existing loan balance of $150,000. The buyer is making a down payment of $20,000. The seller would carry the remaining balance of $30,000 at a separate interest rate and terms negotiated between the parties. The buyer would agree to make one payment to the seller's lender and a separate payment at a different interest rate to the seller.

Wrap-Around Subject-To

A wrap-around subject-to gives the seller an override of interest, because the seller makes money on the existing mortgage balance. A wrap-around is another loan that contains the first, and it can be seller-financed.

Using the example above, suppose the existing mortgage carries an interest rate of 2%. If the sales price is $200,000, and the buyer puts down $20,000, the seller's carryback would be $180,000.

By charging the buyer 3%, the seller makes 1% on the existing mortgage of $150,000 and 3% on the balance of $30,000. The buyer would pay 3% on $180,000.

Subject-To vs. Loan Assumption

In a subject-to transaction, neither the seller nor the buyer tells the existing lender that the seller has sold the property. The buyer begins to make the payments and does not obtain the bank's permission to take over the loan.

Not every bank will call a loan due and payable upon transfer. In certain situations, some banks are simply happy that somebody—anybody—is making the payments.

But banks can exercise their right to call a loan, due to the acceleration clause in the mortgage or trust deed, which is a risk for the buyer. If the buyer doesn't have the cash in hand to pay off the loan upon the bank's demand, it could initiate foreclosure.

Loan assumption, on the other hand, is different from a subject-to transaction. If a buyer makes a loan assumption, the buyer formally assumes the loan with the bank's permission. This method means that the seller's name is removed from the loan, and the buyer qualifies for the loan, just like any other kind of financing.

Generally, the bank charges the buyer an assumption fee to process a loan assumption. The fee is much less than the fees to obtain a conventional loan. VA loans and FHA loans allow for a loan assumption. However, most conventional loans do not.

Pros and Cons of Buying Subject-To Real Estate

Subject-to properties mean a faster, easier home purchase, no costly or hard-to-qualify-for mortgage loans, and potentially more profits if you're looking to flip or resell the home.

On the downside, subject-to homes do put buyers at risk. Since the property is still legally the seller's liability, it could be seized should they enter bankruptcy. Additionally, the lender could require full payoff if it notices that the home has transferred hands. There can also be complications with home insurance policies.

The Bottom Line

While a subject-to sale may seem desirable for some, it comes with risks for buyers and sellers. Before entering into this type of agreement, you should understand the various options along with their benefits and drawbacks.

Frequently Asked Questions (FAQs)