Subject to, In foreclosure, or not...

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Everything I've read makes it appear that subject to is best done when the seller is motivated (moving, whatever), yet is not delinquent on their mortgage payments. Especially because this allows for the lender to not be notified of the sale of the property.

However, I've seen posts on here where people are doing subject to and informing the lender via notifying them of trusts being setup that the property has been deeded to a trust.

I'm having a hard time reconciling the two.

Can you buy "subject to" from a seller in foreclosure? Specifically, can you get the mortgage reinstated without raising red flags that will cause the lender to invoke their due on sale clause? Or, must foreclosures be handled through a different medium (short sale, etc.)

Jom confused

Comments(1)

  • JohnLocke7th February, 2003

    Jom,

    I would call someone in foreclosure pretty motivated, however most of them are in self denial and at times difficult to deal with.

    Subject To investing works with people who are behind in payments. Depending how far behind you may need a rein-statement letter. This really is not a 'flagg' to the lender, many people come out of foreclosure, remember lenders just want their money.

    Sending in the Trust later on is not a 'flagg' either, here again the lender only want their money. Clerks are handling these letters, along with payments sent in. They process thousands transactions a month so one more payment or one more Trust is no big deal.

    But make the payments late that is another story.

    John $Cash$ Locke

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