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Ways to sell

Subject-to: “take over payments” with eyes open.

In a subject-to transfer, the buyer takes the deed while an existing mortgage often remains in the seller’s name. That is not the same as a lender-approved assumption or a release of liability.

Critical risk

A deed transfer does not automatically remove you from the mortgage. Missed payments can affect your credit. Lenders may have due-on-sale rights. Do not assume a trust or creative paperwork eliminates those risks.

How it differs from assumption

An assumption typically requires lender approval and buyer qualification. Subject-to arrangements are different and carry distinct legal and financial exposure.

Questions to resolve before considering it

  • Will you remain liable on the note?
  • How are taxes, insurance, and servicing handled?
  • What protections exist if payments are missed?
  • What does your loan’s due-on-sale clause allow?

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