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Four ways this can end. What do you keep in each?

When a house is headed to a trustee's sale, the owner has four realistic paths. They differ most in how much cash the owner ends up with and what it does to their credit.

One example

A $300,000 house, $262,000 owed, $14,000 behind

Here is what the owner walks away with on each path, using typical costs.

$0
$0
about $1,500
the cash in your written offer

Illustrative figures. The last bar is not a fixed amount: it is whatever the written offer says, with no commissions or closing costs taken out. Ask an agent for a net sheet and compare the two side by side.

Side by side

How the four paths differ

Let it go to the saleShort saleList with an agentSubject-to sale to a private buyer
Cash to the ownerUsually nothing. If the auction brings more than the debt and costs, the owner can claim the excess, but most sales don't.Nothing. The lender takes all proceeds; that is what "short" means. Some lenders pay a small moving allowance.Sale price minus the loan payoff, the missed payments and fees, about 5–6% in commissions, and closing costs.The cash agreed in the contract, paid at closing. No commissions or closing costs come out of it.
Who covers the missed payments and trustee feesThey are added to the debt.The lender absorbs them, and may reserve the right to pursue the shortfall.The owner, out of the sale proceeds.The buyer pays them to bring the loan current.
Time neededNone.Often 3–6 months, and the lender can still say no.Time to list, find a buyer and close: commonly 45–90 days.Usually 2–3 weeks.
CreditA completed foreclosure, the most damaging outcome.Reported as settled for less than owed.Loan paid in full; late payments remain.Loan brought current and stays open in the owner's name; late payments remain.
Main risk to the ownerLosing all equity.Months of paperwork with no payout.Running out of time before the sale date.The loan is still theirs; they depend on the buyer paying on time.

Where the money goes in that example

List with an agentSubject-to sale
Sale price / value$300,000—
Loan payoff−$262,000loan stays in place
Missed payments, late fees, trustee costs−$14,000paid by buyer
Commissions (about 5.5%)−$16,500none
Seller closing costs, repairs, concessions (about 2%)−$6,000paid by buyer
Owner walks away withabout $1,500the cash in the offer

Your numbers will differ. Commissions, repairs and concessions vary by market and by house.

When a subject-to sale tends to make sense

  • The equity is thin, so commissions and fees would use up most of it.
  • There isn't enough time to list and close before the sale date.
  • The loan has a low interest rate, which is the reason a buyer can afford to pay the arrears and still pay the owner.

When it doesn't

  • There is substantial equity and time to sell. A normal listing will usually net the owner more.
  • The owner can catch up or qualify for a loan modification and wants to stay.
  • The owner needs the old mortgage off their credit right away to buy another home. That generally takes about twelve months of documented on-time payments, and it is the new lender's decision.

What stays true in a subject-to sale

The mortgage remains in the seller's name, and the lender has the right to call the loan due because of the transfer. We disclose both in writing, use a title company, and make payments through a third-party servicer so there is a record. Have an attorney or a HUD-approved counselor (888-995-4673) look at any offer, including ours.

Want to see your own numbers?

We'll put a written offer next to an agent's net sheet and you can decide.

(888) 281-7355