Subject-to, or "Sub-2" financing, is a creative real estate investment strategy that allows investors to acquire properties while leaving the existing mortgage in place. This approach can be an attractive option for both novice and experienced real estate investors looking to build a diversified portfolio, generate passive income, and minimize the need for conventional financing. In this article, we'll explore the key concepts of Sub-2 financing.
What is Sub-2 Financing?
Sub-2 financing, short for "subject-to the existing financing," is a transaction in which an investor purchases a property while taking over the seller's mortgage. Instead of securing new financing, the investor agrees to make payments on the existing loan, keeping the mortgage in the seller's name. This strategy is often used when the property's existing financing terms are more favorable than what the investor could obtain through traditional lending institutions.
How Sub-2 Financing Works:
Property Acquisition: The process begins when an investor identifies a property with an existing mortgage that they wish to purchase. The investor and the seller agree on a purchase price, and a sales contract is executed.
Due Diligence: Before proceeding, the investor conducts thorough due diligence to assess the property's condition, any potential liens, and the terms of the existing mortgage. This step is critical to avoid hidden issues and surprises.
Sales Contract Contingencies: The sales contract should include contingencies that allow the investor to back out of the deal if any unforeseen issues arise during due diligence.
Closing and Transfer of Deed: At closing, the investor receives the deed to the property, transferring ownership. Simultaneously, the investor and the seller sign a Sub-2 agreement, which outlines the terms and conditions of the deal, including the agreement to take over the existing mortgage payments.
Taking Over Mortgage Payments: With ownership of the property, the investor assumes responsibility for making monthly mortgage payments, property taxes, and insurance. The mortgage remains in the seller's name, but the investor ensures timely payments.
Property Management and Cash Flow: The investor can now manage the property, rent it out, and generate rental income. The difference between the rental income and expenses, including the mortgage payment, creates cash flow for the investor.
Exit Strategies: Investors can employ various exit strategies with Sub-2 financing, such as selling the property, refinancing in their name, or holding it long-term as a rental. The chosen strategy depends on their investment goals.
Benefits of Sub-2 Financing:
Minimal Cash Outlay: Sub-2 financing often requires a lower upfront cash investment since investors don't need to secure a new mortgage or make a substantial down payment.
Favorable Terms: If the existing mortgage has favorable terms, such as a low interest rate or a long amortization period, investors can take advantage of these terms without needing to qualify for their own loan.
Portfolio Diversification: Investors can acquire multiple properties using Sub-2 financing, which helps diversify their real estate portfolio and increase income streams.
Cash Flow: The existing rental income can cover the existing mortgage, allowing investors to generate immediate cash flow.
Risks and Considerations:
Due Diligence: Thorough property and financial due diligence is essential to identify potential issues or hidden problems.
Lender's Due-on-Sale Clause: Mortgage lenders can call the loan due if they discover a change in ownership. While this is a risk, it rarely happens in practice.
Seller's Credit Risk: Investors must continue making mortgage payments on time, as the seller's credit may be affected if payments are missed.
Seller Cooperation: Sub-2 transactions require the seller's cooperation and willingness to transfer the property without paying off the existing mortgage.
Exit Strategy: Investors should have a clear exit strategy in mind, as Sub-2 financing may not be suitable for long-term ownership in some cases.
Conclusion:
Sub-2 financing is a creative real estate investment strategy that can provide numerous benefits to investors, including minimal upfront costs, favorable financing terms, and cash flow potential. However, it comes with risks, such as due-on-sale clauses and the need for seller cooperation. Investors should conduct thorough due diligence and have a well-defined exit strategy before pursuing Sub-2 financing to ensure a successful and profitable investment.