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    Financing

    Subject-To Financing

    SilverCrest EstatesThe SilverCrest Estates Team

    Definition

    In a subject-to deal, the buyer takes ownership of your home while your existing mortgage stays in your name and continues to be paid, usually by the new owner. It can help a homeowner who's behind on payments and short on equity get out from under a difficult property quickly, without needing to qualify a buyer for a new loan. The real catch is that the mortgage remains your legal obligation and shows up on your credit report, and the lender technically has the right to call the loan due once it discovers the transfer. Anyone considering this route should fully understand the risk before signing anything.

    Example

    James fell three payments behind on his mortgage with almost no equity built up in the home, and a formal foreclosure notice had already landed in his mailbox. He deeded the property to a buyer who agreed to bring the loan current and continue making payments going forward while the mortgage stayed in James's name. It stopped the foreclosure clock almost immediately, giving James breathing room he desperately needed, though he stayed in close contact with the buyer to confirm payments kept being made on time. He also asked that payments run through a licensed loan servicer so he'd get monthly confirmation the mortgage was staying current instead of just trusting the buyer's word. Eighteen months later the arrangement was still working, and James's credit had recovered since the loan showed as current rather than delinquent. He knew the lender could technically call the loan due at any point, but he felt the risk was worth avoiding a completed foreclosure on his record.

    Frequently asked questions

    Yes. If the buyer stops paying, the missed payments still show up against your name and credit, since the loan was never actually transferred. Getting legal advice and using a loan servicer to monitor payments are both wise precautions.

    Often a straightforward cash sale, a short sale with lender approval, or a loan modification works better. SilverCrest can review your payoff amount and tell you honestly whether a clean sale is realistic for your situation.

    Yes, most mortgages include a due-on-sale clause giving the lender that right, even though it isn't always enforced immediately after a transfer.

    Ask for the payments to run through a licensed loan servicing company so you get monthly confirmation the mortgage is being paid. That gives you an early warning if something changes down the road.

    No, the loan stays in your name and on your credit even though ownership of the property transfers, which is the core risk of this arrangement.

    It sometimes lets a seller with little or no equity avoid foreclosure quickly, but it comes with ongoing risk. Comparing it honestly against a straightforward cash sale is worth doing before committing to it.

    Related terms

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