PropMend

FAQ

Answers to our most frequently asked questions.

We assess your property’s location, needed repairs, current condition, and recent comparable sales to arrive at a price that’s fair for both parties.

Unlike agents, we are the actual buyers who purchase directly from you. We can make quick decisions, often within days as we use our own cash to buy, repair, and market the property.

Yes we do! Agents are still the backbone of this industry and we love to work with them.

When you sell your property directly to us, there are no fees or commissions. We cover closing costs and your agents commission if you have one.

There is no obligation on your part. After assessing your property, we’ll present you with a fair offer, the decision to sell is entirely up to you.

No. We can purchase in one of two ways, cash or creative finance.

Creative Finance will usually be SubTo or Seller Finance.

 

Subject To (SubTo) is a form of assuming a loan without going through the normal loan assumption process. This is done by including an addendum to a new purchase agreement that has the terms of “Subject To” the current debt in place. In this situation the seller still owes on the house and has an existing mortgage in place. This typically works best when the seller or property is in distress, and needs to exit the property with less out of pocket expenses.

 

Seller Finance is when the seller owns the house and has no mortgage payments. The seller now becomes the bank, they can choose to accept payments over time and charge an interests to the buyer. This is allows them to make more money on the property than they would if they sold it traditionally.

What is subject to?

“Subject-To” is a way of purchasing/transferring real estate where the buyer takes title to the property, and the existing loan stays in the name of the seller. In other words, the sale is completed “Subject-To” the existing financing. The buyer now controls the property, takes on all responsibilities of ownership, and makes the mortgage payments on the seller’s existing mortgage.

 

Is Subject to Legal?

Yes. Fill-able HUD-1 This is a standard form that title/escrow companies and attorneys use to build settling statements. Please note lines 203 and 503. Note this is a Code of Federal Regulation (CFR) document. Page 396, second paragraph states: “Line 203 is used for cases in which the Borrower is assuming or taking title subject to an existing loan or lien on the property.”

Link to site: https://www.hud.gov/sites/documents/1.pdf

 

Why would any seller do this?

Sellers may consider utilizing the Subject-To method in low equity situations as it allows them to relinquish ownership of the property without the need for additional funds or having to write a check at closing. Depending on the seller’s mortgage balance, this method may result in greater financial gain for the seller compared to a traditional sale. Additionally, it enables the seller to move on from the property as they are no longer responsible for expenses such as repairs, maintenance, utilities, taxes, insurance, and HOA fees. The seller’s credit score may improve as a result of timely payments made towards the mortgage.

 

How can the seller verify that payments are being made?

The buyer engages the services of a third-party loan servicing company, which is responsible for facilitating the monthly mortgage payments. Additionally, the sellers have the option to elect to receive notifications on a monthly basis, indicating that the mortgage payments have been fulfilled.

 

What happens if you miss a payment?

While we’ve never missed a payment, we take precautions to ensure everyone involved is secured. We include a Performance Clause in our contracts which ensures that, in the event of a default by the buyer, the seller is able to repossess the property without a formal foreclosure. If a scenario like this occurred, the seller would greatly benefit from any and all payments we made towards the loan, improvements made to the property, and appreciation in the property’s value.

 

How are utilities and insurance handled?

Our insurance agent will be responsible for replacing your current policy with our policy, which includes the addition of the sellers as additional insured parties. Our company will be responsible for all things related to insuring the property and entitled to any claims. We will take the necessary steps to transfer utility services into our name.

 

How long do you plan on keeping the mortgage in the sellers name?

The short answer would be for as long as we can keep it. We advise sellers and agents to anticipate maintaining their name on the mortgage until the mortgage balance is fully settled. However, as per my partners and I, the typical holding period is around 7-10 years.

 

How does this affect my credit?

As the loan remains in the name of the seller, timely payments made to the lender will be reported to the credit bureau, positively impacting the seller’s credit score. This can be advantageous for the seller.

Legal Disclaimer: This is not legal advice. The information provided here

does not, and is not intended to, constitute legal advice; instead, all

information, content, and materials available here is for general informational

purposes only. Please note laws and terms change and vary in different states.

Remember to do your own due diligence and research your state’s laws and

programs available.

 

1. Pay Off Loan Balance
-Must have cash.

 

2. Pay Off Arrears (Cash / Bridge Loan / Hard Money / Personal Loan)
-Homeowner must be in good standing with some cash reserves.

-Demonstrate the ability to pay back the loan.

-High interest with the right to foreclose if defaulted.

 

3. Loan modification – Must start 40 days prior to Auction
-May need to make 2X the mortgage payment in income per month. May need

to show proof of income and employment.
-Must be current on all taxes.
-Cannot have filed for a loan mod more than 2X this year.
-A “letter of hardship” describing why you got behind and why it is no longer an
issue and won’t be an issue moving forward.

 

4. Bankruptcy (Not Recommended)
-This DOESN’T STOP the foreclosure, it just extends it. During this period home

and homeowner accrues legal fees & interest.
-Damages creditworthiness for up to 10 years.

 

5. Refinance
-Homeowner must be in good standing with good credit to be approved.
-Home has to be in good financeable condition.

 

6. Short Sale
-Homeowner receives no money because they are upside down on the home or
believe they have no equity.
-Lengthy difficult process negotiating with the banks.

 

7. Deed in Lieu
-You sign title back to the bank – you get nothing but stops the foreclosure.

 

8. Listing on the MLS (work with a realtor)
-Lengthy process.
-Home needs to be in good financeable condition.
-Possible that the deal falls through weeks after an accepted contract leaving the
owner with little time.

 

9. Sell Your House for CASH – We can make an offer to buy your property
-We buy As is, no closing costs, or fees.
-No need to clean or repair.
-Please contact us for more info.

 

10. Creative Financing – We have creative finance solutions if you have no equity
-In some situations we may be able to save your home, reinstate the mortgage that is
in foreclosure, and give you some cash to walk away and start the next chapter of
your life.

-Please contact us for more info.

 

Even with an auction date you may still have time. If you have question or need help,

call, text or use our contact page. 

Still have questions? Feel free to contact us using our contact form here. Thank you!