Re: "Subject to all said encumbrances " - Posted by David Goodman

Posted by Joe on March 27, 2006 at 16:05:04:

Depends on the definition of “said encumbrances”. If they are defined in the purchase contract as only the current financing, then yes. Meaning, if for a $100k property, you list the $50k 1st mortgage and the $30k 2nd HELOC, and nothing else (and add in the sub to wording), then you are buying subject to those 2 encumbrances. However, if you just assume those are the only encumbrances, and use subject to wording that says subject to all encumbrances, then you might be taking on other liens and debts.

Re: "Subject to all said encumbrances " - Posted by David Goodman

Posted by David Goodman on March 27, 2006 at 11:11:22:

Is the “Subjec to to all said encumbrances clause” mean the same as “subject to current financing”?

Re: "Subject to all said encumbrances " - Posted by Joe C. (AR)

Posted by Joe C. (AR) on March 27, 2006 at 16:05:10:

“all said encumberances” could mean the financing, but also,

  1. tax leins (RE and IRS)
  2. mechanics liens
  3. HOA dues
  4. easements
  5. prior sales agreements
  6. leases
    etc.

It includes any claim against the property unless specifically excluded.

Just my .02
Joe C. (AR)