Deed moves but the loan doesn't in a subject-to deal, is that actually legal?
A subject-to deal has the buyer take the deed and keep paying the seller's existing mortgage rather than getting a new loan, which means using someone else's financing without the lender's involvement. The deed recording mechanics are the easy part; the harder question is the loan side, since the note stays in the seller's name and the due-on-sale clause in most mortgages technically gives the lender the right to call the loan when title transfers. An assumable mortgage is not the same thing: it has the lender's consent built into the loan terms from the start, while a subject-to deal has no such consent and relies on the lender not exercising its rights. People use both words for what looks like the same transaction on paper, but the legal footing underneath is different.