Glossary

Subject-To

A purchase where the buyer takes title "subject to" your existing mortgage — the loan stays in your name while they make payments. You transfer the house but keep the debt and the foreclosure risk.

A subject-to deal is not a loan assumption (the lender hasn't released you) and not a normal sale (the loan stays in your name). If the buyer stops paying, it's your credit that's damaged and your name in foreclosure — even though you no longer own the home. The due-on-sale clause also creates risk: the lender can call the full balance due if they notice the transfer.

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