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When does my name come off? Nobody at the table wanted to go first.

I got invited to a closing table last spring because I was funding the equity check. Small number, nine thousand dollars, which is why I said yes without much thought. The buyer was someone I'd done two other things with and he wanted a second set of eyes on the file.

The house was a 1970s three bedroom in a suburb of a mid-size midwest city. Nothing special. What was special was the loan, 3.25 percent, about 212k left on it, taken out in the middle of the low-rate years. Seller was a guy in his sixties, recently divorced, behind two payments and gaining on a third. He wasn't losing the house that month but he could see the month where he would.

So the structure was subject-to. The deed goes to the buyer. The loan stays exactly where it is, in the seller's name, and the buyer sends the payment every month. Seller gets his nine thousand and walks away from a payment he can't make.

Halfway through signing he put the pen down and said, so when does my name come off the loan.

And nobody answered for what felt like a long time. The closing agent looked at the buyer. The buyer said it doesn't come off, not until we refinance it or sell it, and I can't tell you the month that happens. The seller's daughter was on speakerphone on the table and she said, dad. Just that.

He sat there and then he asked if he could keep his online login to the mortgage account so he could watch the payments post. The buyer said keep it, check it every month, call me the day you see anything weird.

He signed. I got a text from him nine months later that just said, posted on the 2nd. That's it, that's the whole story.

24 replies

The login is the actual deal. I've got a seller from a year and a half ago who screenshots the payment confirmation to me every single month like I asked her to. I never asked her to. I've stopped trying to make her stop.

What I get stuck on is the sentence the buyer didn't say out loud, which is what happens if the lender ever demands the balance. Did anyone at that table walk through the plan for that, or was it just understood between the two of them? I keep reading that lenders almost never call it when payments come in on time, and I believe that, and I still can't get past the almost.

Nine grand for a 3.25 loan with 212 on it is a cheap seat. I've paid thirty and been happy. The number depends entirely on how close the guy is to the edge, and he was close.

Who's the named insured on the policy after closing? That's the part I always trip on coming from the build side. The lender has an interest, the deed says one name, the loan says another, and the agent writing the policy has to make all three of those fit on one page.

Went through this a couple of times. So the buyer owns the house and the seller owes the money? I understand the words, I just want to say it back to check I've got it.

@juniper that's the shape of it, yes. Deed moves, loan doesn't.

What I want to know is who actually handles the payments month to month. Does the buyer just log into the servicer's site with the seller's info, or is there a third party that does this for people? Feels like a service somebody runs.

Nine thousand plus closing costs plus whatever reinstatement the two missed payments cost. Canton, was the arrearage rolled into the nine or on top? That's the line I'd have wanted before I wired anything.

The part that sits badly with me is that the seller carries the loan on his credit for years while somebody else's tenant is in the house. He got out of a payment he couldn't make. He didn't get out of the loan.

@beacon there are companies that do exactly that, third party servicing for private and creative deals, and the reason people use them is precisely so the seller can see a statement from a neutral party instead of taking the buyer's word. Half of why I'm reading this room is that the trust problem in these deals is a service problem someone gets paid for.

Where does a seller like that even come from? Two payments behind, not listed yet, not in foreclosure yet. That's a very narrow window and I can't figure out how you're standing in it at the right moment.

Asking the thing I'd be embarrassed to ask in person. Can that seller change his mind in month four, call the servicer and say he never sold it? Practically speaking, what stops him?

@compass the deed is recorded, so he can't undo the ownership by phone. He can absolutely make your life awful in other ways though.

The one that got me on a similar deal wasn't drama, it was an escrow shortage. Taxes reassessed, payment jumped 140 a month, and the notice went to the seller's address because the loan is still his. He'd moved. I found out when the servicer's autopay pulled the old amount and came up short.

@thicket yes, mail routing is the boring failure mode nobody warns you about. I've done two of these and on the second one I set the mailing address on the servicer account to mine on day one and told the seller in writing that I was doing it, so it wasn't a surprise later.

Studying for the license exam and the thing I'd want to be clear on before I ever sat at a table like that is who has a disclosure duty to whom, since agency rules and required seller disclosures vary by state and some states are much fussier about a licensee's role in a creative structure than others. Anyone doing these should have an attorney in their own state look at the file.

@marlow same. Although the guy checking his login every month for nine months is sort of touching and sort of exactly the reason I'd rather buy something plain with my own boring loan on it.

@vellum they're cousins. Subject-to leaves the existing loan alone and the buyer just pays it. A wrap puts a new note on top from seller to buyer at a different rate, and the seller uses the payments coming in to keep paying the underlying loan. Both leave the old loan in place, so both live with the same due-on-sale exposure.

What strikes me from the note side of this is that the servicer's file has no idea any of it happened. The payment posts, the name on the account is the same, the system has nothing to react to.

The thing that will make or break that arrangement isn't the paperwork, and I've learned that from five years of running a business where customers call me when something breaks. It's whether the buyer picks up the phone in month thirty-one when the seller calls about something small. Most people are great in month one.