Sub-to on a farmhouse with 11 acres, and the lien covers all of it
Deal in front of me: 1970s farmhouse on 11.4 acres at the edge of a growth path, seller relocating, existing loan 211,600 at 3.75% with 26 years left, PITI 1,430 (P&I 1,038, taxes 262, insurance 130). She wants 34,000 for equity. House alone I'd put at 240,000 to 250,000 in current condition. The acreage is the reason I'm interested at all. The road frontage would support a three lot split under current county rules, and finished lots in that corridor have traded 62,000 to 78,000 over the past two years.
So the theory is: take title subject to the existing loan, keep the 3.75% on the house, split three lots off the back, sell two, and use the proceeds to pay off her equity note and build reserve. Keep the house and the remaining acreage as a long hold.
The theory breaks down at this point. The mortgage encumbers the whole 11.4 acres. To convey a lot free and clear I need a partial release from the lender. Asking a lender for a partial release means handing them a document set that shows a deed already transferred to me. That is the exact conversation the whole structure exists to avoid.
Alternatives I've been chewing on: sell the lots subject to the blanket lien with a purchase money note and a payoff mechanism at the end, which no retail lot buyer will touch. Or refinance the whole thing after the split, which throws away the 3.75% and turns this into an ordinary deal with a worse rate.
I have not asked the seller whether she'd carry the whole thing on a wrap instead. I also have not confirmed the county's split rules in writing, only from the zoning map and one phone call.
What I can't decide is whether the rate is actually the asset here or whether I've talked myself into a complicated version of a land deal.