Key Takeaways
- Subject-to preserves below-market mortgage rates, dramatically improving cash-on-cash returns.
- The due-on-sale clause is the primary risk; lenders rarely exercise it when payments are current, but the right exists.
- Seller financing rates of 6-10% benefit both parties: sellers earn above-savings returns, buyers avoid bank qualification.
- Dodd-Frank compliance is mandatory for residential seller financing, with exemptions for occasional sellers.
- Installment sale treatment under IRC Section 453 allows sellers to defer capital gains tax recognition.
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Test Your Knowledge
1.What is the primary financial advantage of a subject-to acquisition in a high-interest-rate environment?
2.Under IRC Section 453, what tax benefit does installment sale treatment provide to sellers who offer seller financing?
3.What is the due-on-sale clause and why is it significant for subject-to acquisitions?