Subject To – What to do when original note holder passes


You must be logged in to reply to this topic.

Viewing 4 posts - 1 through 4 (of 4 total)
  • Posts
  • I have purchased many “subject to” deals and was hoping to get some clarification. If the original note holder passes are my docs still valid? I currently have note holders sign a POA along with other necessary docs but I do realize that this becomes invalid once grantor passes.

    Rocky

    I owe several properties where the original note holder has died. I still make mortgage payments like always. Nothing changed.

    In the last 12 months I have sold 2 properties where the original note holder died back in 2003/2004. Closing was no problem because I had the proper authorizations to get the payoff for the mortgage. They were in a Trust so my trustee signed the closing docs.

    If you have the correct paperwork and dotted your I’s and crossed your Ts, you will not have a problem.

    Jackie

    I assume you have the deed from the seller already.
    so when the loan is paid off the bank will issue a satisfaction or release of mortgage to the original borrower, which is just the same if the seller is alive. in FL the bank also handles recording of the satisfaction.
    I think you should be alright.
    the poa expires when the person dies but there might be some documents dated prior to death hiding in some drawer jack miller style waiting to be found if you ever needed them. if you reeaally need them look harder!

    Yes, with a Subject to, the Deed transfers from the owner to you or to your Trust. So you have total control.

Viewing 4 posts - 1 through 4 (of 4 total)

You must be logged in to reply to this topic.