finance

subject to

Buying "subject to" an existing mortgage means the buyer takes title and makes the payments on the seller's loan without formally assuming it. The seller remains personally liable for the debt, and the buyer has no personal liability; if payments stop, the buyer risks losing the property through foreclosure but cannot be sued for any deficiency. Many loans contain due-on-sale clauses that let the lender call the loan when title transfers.

Exam tip
Subject to: seller stays liable, buyer is not personally liable. Assumption: buyer becomes personally liable, and seller may remain secondarily liable unless released.
Example
A buyer purchases a home subject to the seller's $180,000 mortgage; after the buyer defaults and a foreclosure leaves a $20,000 deficiency, the lender can pursue the seller, not the buyer.

Related terms & state variants

Sources

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Last verified: 2026-10-23