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A subject to mortgage will have the buyer take control of the property and make payments to the seller, who will then pay off the mortgage in their own name. A good subject to mortgage clause should be viewed by a real estate attorney before any decisions are made.
Although the buyer makes the mortgage payments, the seller remains responsible for the loan. When the property is sold subject to the loan the buyer is not liable to pay the lender, the original borrower is still primarily liable to the lender.
Failure to record a conveyance or lease of agricultural land required to be recorded by this section by the grantee or lessee within the specified time limit is punishable by a fine not to exceed one hundred dollars per day for each day of violation.
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. 1 The unpaid balance of the existing mortgage is then calculated as part of the buyer's purchase price.
562.5A Farm tenancy ? right to take part of a harvested crop's aboveground plant. 562.6 Agreement for termination. If a written agreement is made fixing the time of the termination of a tenancy, the tenancy shall terminate at the time agreed upon, without notice.
A subject to mortgage will have the buyer take control of the property and make payments to the seller, who will then pay off the mortgage in their own name. A good subject to mortgage clause should be viewed by a real estate attorney before any decisions are made.
In a traditional mortgage, the bank holds the deed. With a purchase-money mortgage, the seller holds the deed.
In a subject-to real estate closing, a buyer purchases a property ?subject to? the existing mortgage, meaning the mortgage remains in the seller's name, but the buyer takes over the mortgage payments and assumes control of the property.
558.31 Proof of execution and delivery in lieu of acknowledgment.
A statement that the purchaser has a right to seek independent legal counsel concerning the contract and any matters pertaining to the contract.