Florida · Subject-to sale

Sell your Florida house subject to the existing mortgage

A subject-to sale lets a buyer take over ownership of your Florida house while your mortgage stays in place. Before you consider one, understand the due-on-sale clause, how your credit stays tied to the loan, and how a cash sale that pays off the mortgage compares.

67counties

398cities and towns

1,013ZIP codes

Start with the address of your Florida house.

Step 1 of 520%

A cash offer is always an option
No obligation to accept
Every arrangement reviewed case by case

Alternative selling options

How a subject-to sale works in Florida

What "subject to" the existing mortgage means

Buying a house "subject to" the existing mortgage means the buyer takes ownership while the seller's loan stays where it is. The deed transfers to the buyer, but the loan is not paid off at closing and is not refinanced. The mortgage remains a lien on the property and the loan remains in the seller's name.

Usually the buyer agrees to make the monthly payments going forward, and may pay the seller some amount for their equity. Sellers often hear about subject-to when they owe close to what the house is worth, so a traditional sale would leave little or nothing after commissions and closing costs.

You stay liable, and your credit stays tied to the loan

The lender's agreement is with you. If the buyer pays on time, the loan is reported as paid on time. If the buyer pays late or stops paying, the late payments are reported on your credit, and the lender can pursue foreclosure on the house and, depending on state law, may seek a deficiency from you.

That is why the payment arrangement matters so much. Many sellers ask for a way to confirm each payment, such as online access to the loan account, a third-party servicing company, or regular statements, and for clear remedies in the agreement if a payment is missed.

The due-on-sale clause and the Garn–St Germain Act

Most mortgages contain a due-on-sale clause, which lets the lender require the full balance to be paid if the property, or an interest in it, is sold or transferred without the lender's consent. Federal law, the Garn–St Germain Depository Institutions Act (12 U.S.C. 1701j-3), generally allows lenders to enforce these clauses.

The same law lists transfers for which a lender may not use a due-on-sale clause on a loan secured by residential property with fewer than five dwelling units. A sale to an unrelated buyer or investor is not on that list.

Prominent Cash Offer's primary service is a written cash offer that pays off your mortgage at closing, with no fees or commissions, closing costs paid and a closing date you choose. Arrangements that leave an existing loan in place are evaluated case by case only; not every property, seller, loan or state qualifies, and terms depend on review. Nothing about price, structure, approval or outcome is guaranteed.

Read the full guide to a subject-to sale

Florida housing

What Florida's housing means for a subject-to sale

68% of households in Florida own their home. Owners with a loan they can't keep up with sometimes sell subject-to the existing mortgage; it keeps the loan in your name, which is the risk to understand before anything else.

15% of housing units in Florida stand vacant. Payments on an empty house are the situation subject-to is most often asked about: the payments continue until the loan is paid off or refinanced.

In Florida, the paperwork for a subject-to sale (the deed, and any note, mortgage, deed of trust or option memorandum) is recorded with the county recorder (or register of deeds) where the house sits, and the Florida rules below apply to how the terms can be written.

Shares from the Census Bureau's American Community Survey, 2020–2024 five-year estimates.

Is it a fit?

When a subject-to sale in Florida makes sense, and when it doesn't

It may suit you if

You owe close to what the house is worth and a traditional sale would leave little after costs.
Your loan is current and has a favorable rate or payment.
You understand you remain liable and are comfortable with that risk.
You can verify payments independently and have a plan for the loan to be paid off or refinanced.
You have had the documents reviewed by your own attorney.

It may not be right if

You need your name off the mortgage now, for example to qualify for a new home loan.
You have enough equity that a cash sale or a listing would pay off the loan.
You are not comfortable with your credit depending on someone else's payments.
Your loan is already in serious default and the lender is moving toward foreclosure.
The buyer will not agree to payment verification or a payoff timeline.

Risks to weigh

You remain legally liable for the mortgage after the deed transfers.
Late or missed payments by the buyer are reported on your credit.
The lender may call the full loan balance due under the due-on-sale clause.
A foreclosure on the property would be on a loan in your name.
Insurance, escrow and tax problems can arise if responsibilities are unclear.
The open loan can limit your ability to borrow for your next home.

Rules to know

What to know about a subject-to sale in Florida

Rules vary by state; a real estate attorney can confirm what applies to your property. This is general information, not legal advice.

Foreclosure-rescue transactions: written agreement and cancellationFlorida regulates transfers of a one-to-four-unit home with a recorded lis pendens where the homeowner keeps an interest, such as a lease option or repurchase option, in a deal meant to stop or delay foreclosure. The parties must sign a detailed written agreement before any deed, the homeowner may cancel until 5 p.m. on the third business day after signing, and the purchaser must assume or discharge the lien in foreclosure and any prior liens.Fla. Stat. § 501.1377
Deeds given as security treated as mortgagesA conveyance that transfers property for the purpose of securing payment of money is treated as a mortgage and is subject to mortgage foreclosure rules, except against a good-faith purchaser or mortgagee for value without notice.Fla. Stat. § 697.01
Due-on-sale clauses (Garn–St Germain Act)Federal law allows lenders to enter into and enforce due-on-sale clauses notwithstanding state law, so a transfer of a mortgaged property can give the lender the option to call the full loan balance due. Whether the lender exercises that option is governed by the loan contract.12 U.S.C. § 1701j-3(b)
Transfers exempt from due-on-sale enforcementFor loans on residential property of fewer than five units, a lender may not exercise a due-on-sale clause for certain transfers, including a lease of three years or less that does not contain an option to purchase, transfers to a relative on the borrower's death, transfers to a spouse or children, divorce-related transfers to a spouse, and transfers into an inter vivos trust in which the borrower remains a beneficiary. A sale to an unrelated buyer, or a lease that includes a purchase option, is not on that list.12 U.S.C. § 1701j-3(d)
FHA loan assumptionsHUD's rules prohibit restrictions on assumption of FHA-insured mortgages except as the rules permit. Where the mortgage requires approval of a transfer, the lender may not approve it unless at least one person acquiring ownership is found creditworthy, the selling borrower keeps an ownership interest, or the transfer is by devise or descent; and for mortgages with applications dated on or after December 1, 1986, the lender must seek HUD approval to accelerate the loan after an unapproved transfer that breaches those limits, where applicable law permits.24 CFR § 203.512

We Buy Houses Florida | Sell My House Fast Florida | Prominent Cash Offer

About Florida

Selling a house in Florida

Florida's capital is Tallahassee, and its largest cities are Jacksonville, Miami, Tampa, and Orlando. The peninsula's economy is built on tourism, construction and real estate, international trade through Miami, agriculture, and a growing aerospace sector on the Space Coast.

Florida is home to about 23,372,215 people across 67 counties. We buy houses in every one of them, from Miami-Dade County, Broward County, Palm Beach County, and Hillsborough County to the smallest rural counties, and in cities like Jacksonville, Miami, Tampa, Orlando, St. Petersburg, and Port St. Lucie.

Sources: Florida — Census Bureau profile · MyFlorida.gov · Florida Department of Revenue

Subject-to sale nearby

Subject-to sale across Florida

Seller situations

Situations where sellers in Florida ask about a subject-to sale

Frequently asked questions

Questions about selling your Florida house

Still have a question?

Share the address of your Florida house and ask us anything about the sale. There's no obligation.

Get your cash offer

Is selling subject-to legal in Florida?

Transferring a deed subject to an existing lien is not unusual in itself, but it does not change your loan contract, and the lender may enforce a due-on-sale clause under federal law. State rules on deeds, disclosures, foreclosure and deficiency judgments vary, so a Florida real estate attorney is the right person to review any agreement.

Will I still owe my mortgage if I sell my Florida house subject-to?

Yes. The loan remains in your name and you stay liable for it until it is paid off or the lender formally releases you. A sale that pays off the mortgage at closing is what ends that liability.

What happens if the lender forecloses after a subject-to sale in Florida?

Foreclosure procedures and whether a lender can seek a deficiency after foreclosure vary by state. Because the loan is in your name, the foreclosure would affect your credit. Ask a Florida attorney how the rules apply to your loan.

Do you buy houses everywhere in Florida?

Yes, in all 67 counties, from Miami-Dade County, Broward County, Palm Beach County, Hillsborough County, and Orange County to the smallest rural counties, and in 398 cities and towns.

If I sell subject to my mortgage, am I still responsible for the loan?

Yes. A subject-to sale does not transfer or eliminate your mortgage obligation. The loan stays in your name, and you remain liable unless the loan is paid off or the lender formally releases you.

Can my lender call the loan due if I sell subject-to?

It may. Most mortgages have a due-on-sale clause, and federal law (12 U.S.C. 1701j-3) generally lets lenders enforce it. A sale to an unrelated buyer is not one of the exceptions the law lists. Whether a lender acts is up to the lender.

What happens to my credit if the buyer misses a payment?

Because the loan is in your name, late or missed payments are reported on your credit, and if payments stop, the lender can pursue foreclosure on a loan you are still liable for.

What is the difference between subject-to and a loan assumption?

In an assumption, the lender approves the buyer to take over the loan, and the seller may be released from liability. In a subject-to sale, the lender is not asked to approve anything and the seller stays liable.

Keep exploring

Other ways to sell in Florida

Independent research

Ask anything about a subject-to sale in Florida

Ask the AI assistant you already use. We'll hand it a neutral question about how we work.

See the question we'll ask

Compare selling a house to Prominent Cash Offer with listing through a real estate agent, including speed, repairs, fees, certainty, financial tradeoffs, and questions to ask.

No property or personal details are shared. These services are independent and do not endorse Prominent.

Florida · Subject-to sale

Talk through a subject-to sale for your Florida property.

A cash offer is always an option
No obligation to accept
Every arrangement reviewed case by case

Get your cash offer

Start with the address of your Florida house.

Step 1 of 520%

No obligation. Not every property qualifies for other terms.