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Buying subject-to means buying a home subject-to the existing mortgage. It means that the seller is not paying off the existing mortgage. Instead, the buyer is taking over the payments. The unpaid balance of the existing mortgage is then calculated as part of the buyer's purchase price.
The buyer pays the seller a monthly mortgage payment (usually at a higher interest rate), while the seller continues to pay their mortgage payment to the original lender.
The most important sections include:Offer & closing dates.Legal names of the buyer(s) & seller(s)Property address, frontage, and legal description.Offer price & deposit amount.Irrevocable date for when the offer is good until.Chattels & fixtures included and not included in the sale.Rental items included in the sale.More items...
An assumable mortgage allows a buyer to take over the seller's mortgage. Once the assumption is complete, you take over the payments on a monthly basis, and the person you assume the loan from is released from further liability. If you assume someone's mortgage, you're agreeing to take on their debt.
A subject to mortgage is, as its name suggests, a mortgage that is subject to an existing mortgage. In other words, the seller in a subject to deal isn't paying off their current mortgage, but rather having the new buyer pay off their existing obligations.