Subject To with Contract Assignment?

Financing, Hard Money Lenders, Private Money
1

Hi,

Can you pair both? ie negotiate a “subject to” EPA then assign the contract at closing? If YES, what are the implications? Requrements/criteria for selecting the assignee investor?

Am in CA.

Thanks.

2

“But any type of personal performance contracted by one party cannot be assigned without that party’s permission” (from a realty textbook)

Don’t know what an EPA means, but if you mean that someone sold you their house subject to the underlying financing, then they need to give permission for the assingment (and it would be truly messed up if it didn’t work that way, if they were comfortable assigning to you, it doesn’t seem fair that you can just substitute whoever you want for your spot, since these people only decided to take that risk with you).