You’re not the only agent getting a million calls about subject to.
The amount of investors currently using subject to to purchase real estate is simply a sign of the times. Between the current interest rate and high prices, understanding how to properly present a subject to offer to your seller can be the difference between a sale and an expired listing.
The basics: In real estate, Subject to is a way of purchasing properties in which the buyer receives title and deed to the property at close, while the original mortgage remains in the seller’s name. The buyer becomes responsible for all aspects of owning, managing and maintaining the property along with the responsibility to pay the mortgage every month along with all associated costs such as taxes and insurance.
What sellers are a fit?: This type of transaction is useful in situations where the seller has very little or no equity, needs to sell the home quickly, facing pre-foreclosure, needs more cash than what a traditional offer would bring.
Why would a seller consider this?: Simply put, subject to offers will usually match or provide more cash to the seller than a conventional offer. Many sellers are finding themselves in the precarious situation of having bought a home at a high price, with a great interest rate mortgage only to have to sell it a few years down the road due to life circumstances. If in that time their home has not appreciated in value, they may have so little equity that they may be forced to come out of pocket to sell their home.
Sellers who have missed mortgage payments or have arrears may see their credit score improve as a result of the buyer getting their payments up to date and making all future payments on time.
Important info for Realtors
Things to ask when speaking to Subject To Investor:
- Have you ever defaulted on a payment for a property you purchased Subject To?
- Have you ever had to return the deed and title to a seller?
- How will you manage the insurance?
Common concerns sellers have when they are presented a Subject To purchase offer:
- What happens if the buyer stops paying the mortgage?
- Will I be able to purchase another home with a loan in place?
- What will happen to my credit?
- I’m a veteran and need my eligibility to buy my next home, would this keep me from using my VA benefits on my next purchase?
- Click here for more information
Will my commission be impacted if my client accepts a Subject To offer?
- This will depend on the deal. Most investors represent themselves, eliminating the possibility of making commission on both sides of the transaction.
- Sellers in financial distress may also have reduced commission agreements
- There are also some instances of homes that have been very difficult to sell, in many cases collecting a reduced commission is better than losing the listing or letting it expire
Is Subject To legal?
- Yes. Subject To has been around for a very long time with a handful of legal cases focused on specific transactions. Subject To poses a contractual challenge rather than a legal one in the case that a lender decides to call the loan due.
What is the process of a Subject To sale?
- Experienced investors will follow a traditional process for their subject to purchases including opening escrow, title search and closing with a title company or attorney.
Why am I receiving so many calls from people interested in making “subject to” offers ?
- Subject To is particularly useful in volatile markets or periods of rising interest rates. Once interest rates rise faster than rent rates, it becomes very difficult for rental properties to produce cash flow. Using subto allows investors to tap into lower interest rates that are not accessible in the current market.
- Sellers that have very little to no equity or facing pre-foreclosure typically qualify the most to sell their home subject to their mortgage.
Pro’s from a Realtor’s perspective.
In specific cases, some form of Subject To sale can be the best way to find a buyer. The most common situation being sellers with little equity that must sell at a specific price and have no wiggle room to negotiate. In many cases, investors that use Subject To are willing to slightly overpay for the property.
Sub to is simply another tool that realtors should be aware of for specific situations. Having a list of potential subject to investors can be very valuable. The keys to confidently presenting this type of offer to a buyer are having the knowledge and knowing reputable subject to investors.
Con’s from a Realtor’s perspective.
The main challenge for any realtor unfamiliar with Subject To is presenting an offer of this type to the seller.
If the seller has very little to no equity the realtor’s commission may be negotiated in order for the investor to meet their purchase parameters.
Case Studies

Home 32413
This home was on the market for 28 days. The seller’s were both military veterans being relocated to another state. View more

Home 32725
After over 100 days active on the MLS, an investor was able to make an offer that was comparable to the seller’s original list price both from the cash to seller as well as the realtor’s commission. View more
