An acquisition strategy where a buyer takes title to a property while the seller's existing mortgage stays in place and the buyer makes the payments. Important caveat: virtually every Canadian (and most US) mortgage contains a due-on-sale / transfer-of-title clause, so transferring title without lender consent can trigger acceleration of the loan, leave the seller on the hook for the debt, and create title-insurance and fraud issues. Subject-to transactions should not be entered into without a real-estate lawyer reviewing the existing mortgage and advising on provincial law.
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