The Potential Legal Liability You Might Face For Purchase a Property Subject-To
The traditional strategy to purchase real estate is to put 20 percent down and get a mortgage for the balance owed. The only problem with this strategy is that you will eventually run out of money for the down payment. Savvy real estate investors have adopted a new strategy that allows them to purchase a property with no money down. This strategy is called purchasing a property subject-to the existing mortgage. There are some potential legal liability you can face if you purchase a property subject-to.
When a seller has a financial hardship that prevents them from making their mortgage payment, they might be interested in quickly selling their house. As a real estate investor you can purchase this house by agreeing to make their mortgage payments. This allows you to purchase the house without seeking traditional financing that requires you to have a 20 percent down payment. There is already financing in place on the house and you just agree to continue making the mortgage payment. The mortgage remains in the seller’s name which is why it is referred to as purchase a house subject-to. You are purchasing the house subject-to the existing mortgage on the property.
With the recent downturn in the housing economy, home prices and values have dropped throughout the United States. In some states, home values have declined by up to 50 percent. With this decline both homeowners and real estate investors are struggling to remain current on their mortgage payments. Most people are not interested in making mortgage payments when their mortgage is worth tens or hundreds of thousands more than the value of their house. So many homeowners and real estate investors are walking away from properties.
Most real estate investors feel that they have no legal liability on a property that they purchased subject-to because their name is not on the loan. They feel they can stop making payments and allow the bank to foreclose on the property. The problem is that they can still be sued by the state attorney general or the seller. The fact that the real estate investor’s name is not on the mortgage does not resolve them from having legal liability.
With the increase in foreclosures, banks are becoming more aggressive on going after real estate investors that do not make the mortgage payments on properties they purchase subject-to. They are convincing the state attorney general to sue the real estate investor. There have been several recent court decisions against real estate investors that failed to make payments on subject-to properties. If you thought that you had no legal liability when purchasing a property subject-to, think again.



