"Subject to financing" or "buying subject to" describes a purchase where the buyer takes ownership of the property, but the existing mortgage and loan paperwork stay in the seller's name. The buyer agrees, in a separate agreement, to make the payments on that existing loan.
Here is the typical flow in a subject to deal:
Why buyers and sellers use subject to financing:
Subject to is different from a formal loan assumption. With an assumption, the lender approves the buyer, the loan is legally transferred into the buyer's name, and the seller is usually released from liability. In a subject to structure, the lender is not a party to the agreement between buyer and seller, the loan remains in the seller's name, and the lender's rights under the original loan documents stay intact.
Subject to financing can be powerful, but it is not a simple or risk‑free strategy. Buyers and sellers need to understand how it can go wrong and how to protect themselves before signing.
Subject to financing tends to work best when:
When used thoughtfully, subject to financing can open doors that a standard loan process would leave closed. The key is to enter the arrangement with a full understanding of how it works, what could go wrong, and how to align the structure with each party's goals and risk tolerance.