CalculateRealEstateROI

Financing · Guide

Subject-To Deals

Take title subject to existing mortgage — creative but legally complex.

Reviewed by Keiron Brown, Founder & Editor, CalculateRealEstateROI · Educational estimates only — not investment, financial, tax, or legal advice

Key takeaways

  • Take title, leave mortgage in seller's name.
  • Due-on-sale clause risk.
  • Best for distressed sellers.
  • Attorney mandatory.
  • Insurance complications.

Core concepts

Mechanics

Title transfers; mortgage stays in seller name.

Due-on-sale

Lender can call loan.

Insurance

Name change requires careful handling.

Step-by-step framework

  1. 1Identify distressed seller.
  2. 2Attorney structure.
  3. 3Insurance binder.
  4. 4Close.

Common mistakes to avoid

  • DIY without attorney.
  • Ignoring due-on-sale.

Frequently asked questions

Legal?

Yes, but due-on-sale risk.

How common is acceleration?

Rare but real.

Best for whom?

Distressed sellers.

Risk?

Lender calls loan — refi or sell.

Action checklist

  • Attorney structured.
  • Insurance arranged.
  • Refi plan ready.

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