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Subject-To and Wraparound Deals in Texas: Read This Before You Shake Hands

By The Boraak Team · September 27, 2026 · 7 min read

The short answer

In a subject-to deal, a buyer takes over the payments on a seller's loan without formally assuming it; the loan stays in the seller's name. In a wraparound, the seller finances the buyer while their own loan stays in place underneath. Both are legal in Texas but heavily regulated, especially wraps under Texas Finance Code chapter 159 (with required disclosures and a right to rescind), and both carry due-on-sale risk. Use a Texas real estate attorney and a title company, every time.

Subject-to, in one paragraph

The buyer gets the deed and makes the payments on the seller's existing loan, but the loan stays in the seller's name. If the buyer stops paying, the seller's credit takes the hit. And because most loans have a due-on-sale clause, the lender could demand full payment after the transfer. Great for no one if it goes wrong.

Wraparound, in one paragraph

The seller sells the home and finances the buyer with a new, larger loan that "wraps around" the seller's existing mortgage. The buyer pays the seller; the seller keeps paying the original lender. If the seller doesn't pass the money along, trouble.

Texas has specific rules

Texas tightened its wrap rules in recent years. Under Texas Finance Code chapter 159, residential wrap lenders generally need to be licensed or registered, must give the buyer a separate written disclosure at least 7 days before the loan agreement, and the buyer can rescind within a set period after receiving it. Other notices are required under the Property Code for certain seller-financed and subject-to transfers.

This is exactly the kind of thing where "my cousin's friend did one" isn't legal advice.

Protections to insist on

  • A Texas real estate attorney and a title company from the start
  • Payments through a third-party loan servicer, so everyone can see the underlying loan is paid
  • Proper insurance naming the right parties
  • Written terms for what happens if the lender calls the loan due

If a deal only works if nobody asks questions, it doesn't work.

Quick questions

Is a subject-to deal legal in Texas?

Yes, but it carries due-on-sale risk and specific Texas notice requirements. Have a Texas real estate attorney structure it.

What is a wraparound mortgage in Texas?

Seller financing that wraps around the seller's existing loan. Texas regulates residential wraps closely, including disclosures and a buyer's right to rescind.

Sources

General information, not legal, tax or financial advice. Rules and numbers change; check with a Texas professional for your situation.

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