subject to

Advanced 🏠 Real Estate

Definition

Buying property while leaving the existing mortgage in place under the original borrower's name. It's legally questionable, financially risky, and somehow still happens regularly.

Example Usage

We bought the property subject to the existing loan, and we're just hoping the bank never notices the owner changed.

Origin

Creative financing technique that emerged in distressed property sales

Fun Fact

Most mortgages have due-on-sale clauses that technically allow lenders to call the loan if ownership transfers, making 'subject to' deals a legal time bomb.

Source: Creative real estate financing terminology

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