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Assuming mortgage/selling house without a realtor

Posted on 8/27/22 at 12:32 pm
Posted by bigbuckdj
Member since Sep 2011
1830 posts
Posted on 8/27/22 at 12:32 pm
A friend wants to sell his house, I want it. His mortgage interest is much lower than what is available and I’d like to explore taking over his mortgage.

Has anyone ever done this? Anybody know how this works?
Posted by SDVTiger
Cabo San Lucas
Member since Nov 2011
73210 posts
Posted on 8/27/22 at 12:35 pm to
You could only do that for VA
Posted by ItzMe1972
Member since Dec 2013
9774 posts
Posted on 8/27/22 at 12:53 pm to
There is No “Due on Sale Jail”

Many people are under the mistaken impression that transferring title to a property secured by a mortgage with a due on sale clause is illegal. This is because most lay people confuse civil liability with criminal liability. To be “illegal,” you must be in violation of a criminal law, code or statute. There is no federal or state law which makes it a crime to violate a due on sale clause. If the lender discovers the transfer, it may at its option, call the loan due and payable. If it cannot be paid, the lender has the option of commencing foreclosure proceedings.

So the real question is: are you willing to take a property subject to a mortgage containing a due on sale clause with the risk of getting caught?

LINK /
Posted by bigbuckdj
Member since Sep 2011
1830 posts
Posted on 8/27/22 at 1:13 pm to
Thanks for sharing that.

I guess to be clear I’m not trying to sneak anything past the mortgage company, I may call them and ask about it. Perhaps they would rather deal with me vs risk losing the mortgage.
Posted by Epaminondas
The Boot
Member since Jul 2020
4104 posts
Posted on 8/27/22 at 1:16 pm to
Assuming mortgages used to be more common decades ago. Now, it's almost unheard of. It's unlikely that a lender would agree to this.

You could probably do it and the lender would never complain or even realize.

But your friend has to really trust you. If you don't pay the note, he's getting sued. Also, if either of you go through bankruptcy, it will be a disaster.
Posted by bigbuckdj
Member since Sep 2011
1830 posts
Posted on 8/27/22 at 4:59 pm to
Yeah this doesn’t sound like what I’m looking for. I thought maybe there would be a slicker way to do it all above board. Thanks for all the responses
Posted by Drizzt
Cimmeria
Member since Aug 2013
12852 posts
Posted on 8/27/22 at 6:56 pm to
Why don’t you just do a rent to own contract with you paying your friend’s note? You could then wait for interest rates to drop, count what you’ve paid towards the agreed upon price, and get a mortgage yourself. Most lawyers could set this up and do the closing later for you much cheaper than a realtor.
This post was edited on 8/27/22 at 6:58 pm
Posted by thunderbird1100
GSU Eagles fan
Member since Oct 2007
68289 posts
Posted on 8/27/22 at 7:14 pm to
I would not get indebted to a friend, going to change your relationship. Happens all too often.
Posted by Texas Ram
Member since Sep 2020
1120 posts
Posted on 8/27/22 at 7:20 pm to
You've come to the right place.
Posted by Tiger Prawn
Member since Dec 2016
21853 posts
Posted on 8/27/22 at 9:03 pm to
quote:

Perhaps they would rather deal with me vs risk losing the mortgage.
Unlikely given the seller’s interest rate is well below current market. People selling or paying off 3% loans frees up capital for the bank to make a new loan at 5-6%
Posted by BayouBengal23
BR
Member since Mar 2019
569 posts
Posted on 8/27/22 at 9:38 pm to
YouTube subject to or seller finance. Pace Morby has a lot of videos on it. But your friend would have to be on board
Posted by Cousin
The Bayou
Member since Feb 2012
5272 posts
Posted on 8/28/22 at 5:26 am to
Don't go the "subject-to" route. If your friend has an FHA or VA loan, you can assume it. The process involves applying directly through his current loan servicer. You'll need to meet their qualification process as if you're applying for a new loan. In order to pull this off, you'll also need to have a sizable down payment to pay your friend off.

For example, purchase price is $200k and your friend owes $150k. You assume the $150k loan and the difference ($50k) is paid as a down payment.
This post was edited on 8/29/22 at 9:00 am
Posted by bigbuckdj
Member since Sep 2011
1830 posts
Posted on 8/28/22 at 9:03 am to
Thanks, I wasn’t sure what to google. All of this has given me some stuff to research. Honestly seller financing might would work.

Edit: I don’t think any of these routes are really practical for this situation. It seems like each one has massive potential to go south
This post was edited on 8/28/22 at 9:07 am
Posted by Chad504boy
4 posts
Member since Feb 2005
166127 posts
Posted on 8/28/22 at 10:35 am to
quote:

and I’d like to explore taking over his mortgage.


JFC
Posted by bigbuckdj
Member since Sep 2011
1830 posts
Posted on 8/28/22 at 10:58 am to
quote:

JFC


I don’t really feel like it was a ridiculous thing to ask. Interest rates are basically double what they were not too long ago. If you have two parties that are about it, there’s a lot of value in trying to preserve that lower interest rate.
Posted by Turf Taint
New Orleans
Member since Jun 2021
6010 posts
Posted on 8/28/22 at 11:26 am to
Not a mortgage expert by no means but have bought / sold quite a few homes, all conventional loans. Mortgage contracts typically have strict language on transfers of their loans to others to protect themselves from credit, et al risk, not to mention, leaving interest rate value on the table when interest rates are increasing.

Defer to the the experts but my 2 cents
Posted by alpinetiger
Salt Lake City
Member since Apr 2017
5864 posts
Posted on 8/28/22 at 11:34 am to
quote:

A friend wants to sell his house, I want it. His mortgage interest is much lower than what is available and I’d like to explore taking over his mortgage.

Has anyone ever done this? Anybody know how this works?

It can be done.

I sold a fourplex to a real estate agent this way, and he paid be $400 per month to owner-finance it. He financed into his own note once the rates justified it. My agent had done this for clients several times perviously and had the necessary contract. Essentially, the contract was that if the buyer doesn't perform on the mortgage the property defaults back to me. We used a title company like normal IIRC.

The agent that purchased my fourplex told me at the time that he'd acquired too many properties over a short period of time, so he had to wait a given period to refil. I suppose that could have been true but my agent and I just thought he wanted me to carry the note until the rates dropped. Lo and behold when the rates dropped enough, he paid off my mortgage and refi'd.

(edit) He even used my 1098 mortgage interest statement associated with my mortgage for his own taxes. I remember this specifically because he asked for a copy the three years before he refi'd. The point being I don't think either he or I were operating in a gray area. This is in Utah BTW.
This post was edited on 8/28/22 at 11:41 am
Posted by Tiger Prawn
Member since Dec 2016
21853 posts
Posted on 8/28/22 at 2:08 pm to
quote:

I sold a fourplex to a real estate agent this way, and he paid be $400 per month to owner-finance it. He financed into his own note once the rates justified it. My agent had done this for clients several times perviously and had the necessary contract. Essentially, the contract was that if the buyer doesn't perform on the mortgage the property defaults back to me. We used a title company like normal IIRC.
That sounds like a bond for deed.

Not a real estate pro, but I think those are usually done in situations where the buyer can’t obtain traditional financing at the moment for whatever reason, but expects to be able to get approved for a mortgage to refinance it in the near future. Not just because the seller’s loan is a lower interest rate than whats available now.

Carries some risk for the seller because if the buyer stops paying before they get their own mortgage, the seller has to pay the note to avoid damaging their credit. And then get the legal stuff done to take back the property and deal with possibly needing to do repairs and relist the property for sale or rent.


Posted by alpinetiger
Salt Lake City
Member since Apr 2017
5864 posts
Posted on 8/28/22 at 7:54 pm to
quote:

That sounds like a bond for deed.
I relied on the advice of my broker/agent, who I'd used on some other transactions. He also knew the agent that purchased my fourplex. The buyer had a great reputation and did have 7-8 other rental properties, so perhaps what he said about being able to acquire timely financing was true.
Posted by llfshoals
Member since Nov 2010
15346 posts
Posted on 8/29/22 at 7:04 am to
I’m a realtor. If you don’t want to use one, more power to you. I’d get a lawyer to write the contract and definitely don’t skip any inspections just because they’re a friend and you think you know the house.

If you don’t take my advice in that regard, if the house you buy comes with problems that could have been addressed don’t cry about it.

Assuming the mortgage you’ll need to talk to the mortgage holder. Even if they borrowed from one lender, it might have been sold and you’ll need to know whom currently owns it.
This post was edited on 8/29/22 at 7:06 am
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