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Texas · Subject-to sale

A subject-to sale lets a buyer take over ownership of your Texas 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.

254counties
1,221cities and towns
1,989ZIP codes

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How a subject-to sale works in Texas

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

Texas housing

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

63% of households in Texas 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.

9% of housing units in Texas 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 Texas, 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 Texas 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 Texas 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 Texas

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

  • Existing liens and executory contractsA seller generally may not enter into a residential executory contract unless the seller owns the property in fee simple free of liens, with limited exceptions such as a pre-existing purchase-money loan, which requires a separate written disclosure at least three days before signing and specific protective terms. A violation is a deceptive trade practice and lets the purchaser cancel and recover payments.Tex. Prop. Code § 5.085
  • Notice when conveying property that stays encumberedA person conveying residential property that will remain encumbered by a recorded lien must give the purchaser and each lienholder a separate written disclosure at least seven days before the conveyance, including a warning that the lienholder could demand full payment. If notice is not given, the purchaser may terminate within seven days after receiving it; the statute lists exemptions.Tex. Prop. Code § 5.016
  • 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 Texas | Sell My House Fast Texas | Prominent Cash OfferPhoto: Michael Barera · CC BY-SA 4.0

About Texas

Selling a house in Texas

Austin is the capital of Texas, and Houston, San Antonio, Dallas, Fort Worth, and Austin are its largest cities. The second-largest state by area and population leads the country in oil and gas production, has no personal income tax, and has drawn a large number of corporate headquarters to Dallas-Fort Worth, Houston, and Austin.

Texas is home to about 31,290,831 people across 254 counties. We buy houses in every one of them, from Harris County, Dallas County, Tarrant County, and Bexar County to the smallest rural counties, and in cities like Houston, San Antonio, Dallas, Fort Worth, Austin, and El Paso.

Sources: Texas — Census Bureau profile · Texas.gov · Texas Comptroller of Public Accounts

Subject-to sale nearby

Subject-to sale across Texas

Seller situations

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

Frequently asked questions

Questions about selling your Texas house

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Is selling subject-to legal in Texas?

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 Texas real estate attorney is the right person to review any agreement.

Will I still owe my mortgage if I sell my Texas 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 Texas?

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 Texas attorney how the rules apply to your loan.

Do you buy houses everywhere in Texas?

Yes, in all 254 counties, from Harris County, Dallas County, Tarrant County, Bexar County, and Travis County to the smallest rural counties, and in 1,221 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.

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Texas · Subject-to sale

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

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

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Start with the property

Private by default

Start with the address of your Texas house.

Step 1 of 520%

We use the address to understand which property you mean. No offer is generated on this step.

A written offer conversation is always optional.

No obligation. Not every property qualifies for other terms.

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