Legal Question in Real Estate Law in California
I am in West Los Angeles and looking for a Lawyer who has had a lot of experience with "Subject to"
home purchases. I have been studying this area and hoping to make a home purchase using this strategy.
Thanks
3 Answers from Attorneys
You should spell out in greater detail what your strategy is, as there are many conditions that the purchase could be subject to. Also, you need to tell that attorney all the details as to the potential sellers and what your financing will be, etc., as what exists in theory does not necessarily exist in the real market place.
Subject to means you are taking over the sellers ownership and his payments, without really assuming the loan. You are just agreeing to make the payments. There are many issues with this, including the right of the lender to call the loan to be paid in full.
I saw a lot of "subject to" deals in the past, when prices were rising. I haven't seen any in the last couple of years. They're not "rocket science" but they have plenty of pitfalls for the unwary and the careless. If you would like to discuss the specifics of your situation and whether I can be of assistance, please feel free to contact me.