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What is buying subject to existing mortgage?

Posted on: 20th May, 2007 06:24 pm
i\'m trying to sell my house as soon as possible. i\'ve been in touch with a company that says they can sell the house within three months. they also say that i have to transfer the deed over to them, while the mortgage remains in my name, in order for them to be able to sell it (buying subject to existing mortgage). in case the house does not sell within the 3 month time frame, they will deed the house back to me using a \"quit claim deed\". do you have any suggestions as to how i can make sure this company is legitimate?
Hi Daraceli,

Welcome to the forums.

I find no reason to worry about his deal. The whole thing seems to be a transaction in which the company would sell your home which already has a mortgage.

However, if they cannot sell in 3 months, then the company will quitclaim the deed back to you. Now, the only thing that bothers me is that, you should have all these written down in a statement and get it signed by an attorney. In case, the company does not transfer the title back to you, at least some kind of legal action can be taken to avoid getting into trouble.

By the way, what's the name of the company and what are its services?
Posted on: 20th May, 2007 09:21 pm
You should contact an attorney and get this as an agreement that they will quit claim the house after 3 months if it does not get sold. In addition also ask the attorney whether there can be any legal problems with such an understnding.
Posted on: 21st May, 2007 11:28 am
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I've been in touch with a company that says they can sell the house within three months. They also say that I have to transfer the deed over to them, while the mortgage remains in my name, in order for them to be able to sell it

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Also check with your friends to know if they are relaible or not and has
anyone previously used such kind of service from them.
Posted on: 22nd May, 2007 03:16 pm
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