I just found out that the investor that we dealt with 2 years ago did a subject to mortgage I thought we were doing an assumption or that he was taking the home and the mortgage. So now I have this mortgage in my name, no home, and I want to purchase a home but this is holding me back. Is there a way that the investor and I can come up with some type of agreement that will make both happy?
wizjp has it about right.
The mortgage is still in your name. However, the investor owns the house. Basically, the only way out is for the mortgage to be put in someone else’s name. Among the options:
(1) The investor could refinance, putting the property into his name. (Not likely to occur, but you can ask.)
(2) The investor can sell the property to someone else–either the current tenant or to someone else. (Investor might like to do this, but that depends on whether there’s any equity in the property.)
So, contact the investor and explain your situation.
The upside is that, I assume, the investor has lived up to his end of the deal. That he’s been making your payments on time. And, therefore, that your credit history–at least regarding the mortgage–is good. So there’s definitely been some value to the Subject To. Plus, I’m assuming you were in financial difficulty when you did the deal, and the housing portion of the burden has been eliminated. And that’s a good thing, too.
One other possibility–more creative–is for the investor to put the property into a land trust. For a variety of reasons, you’d retain 10% ownership in the trust; he’d have 90%. The advantage to you is that when the property’s put into the trust, though the mortgage remains in your name, there are various ways to communicate to lenders that the trust is responsible for the mortgage. (This isn’t the way it’s usually done, but that same question comes up when land trusts are used to acquire property and the seller wants to know whether he’ll be able to buy a new property. Answer: There often is.) For more information on that option, go to (or suggest your investor go to) http://www.landtrust.net. There are also other advantages for both you and the investor.
Hope that helps.