Gator Capital Partners

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Gator Capital Partners

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Frequently Asked Questions

Who Are We?

Welcome to Gator Capital Partners LLC, your trusted source for creative financing solutions in real estate. With over 30 years of combined real estate experience, our seasoned team specializes in "subject to," "seller carry," "hybrid," foreclosures, defaults, and arrears. We bring a wealth of knowledge to navigate the complexities of real estate transactions, creating win-win scenarios tailored to your unique needs.


In addition to our expertise in creative financing, Gator Capital Partners LLC boasts a diverse portfolio encompassing long-term rentals, Airbnbs, and Pad Splits. We are actively seeking opportunities to expand our portfolio, furthering our commitment to the dynamic landscape of real estate investing.

How does this differ from a traditional transaction?

It's not that much different! 


We prioritize a meticulous and legal approach to every transaction. Our approach involves collaborating with reputable title companies to ensure a clean transfer of ownership. Additionally, we assist in obtaining the necessary insurance coverage and provide comprehensive legal documents that are both signed and notarized. These measures are in place to protect the interests of all parties involved, offering a secure and transparent alternative to the conventional real estate transaction. Furthermore, our process includes the support of an in-house dedicated transactional coordinator who guides the escrow process to the finish line, ensuring a smooth and efficient experience for all parties.

Subject To

Curious about the value of your current home? Our expert team can provide a free home valuation to help you make informed decisions.

Why does the mortgage stay in my name?

Keeping the mortgage in your name is a key aspect of the "subject to" strategy. It allows for a smoother transfer of ownership, often with more favorable financing terms. The existing mortgage terms, such as interest rates and loan balance, remain unchanged, providing benefits for both parties involved in the transaction.

What is "Hybrid" financing?

"Hybrid" financing is a versatile strategy that combines elements of different financing methods, creating a customized solution for both buyers and sellers. For instance, if the seller has an existing mortgage but also holds some equity in the property, a hybrid approach might involve payment of the equity in one lump sum or over time, effectively turning the seller into a financial partner. This approach can be particularly advantageous in scenarios where the seller wishes to avoid a significant tax liability at the end of the year (Note: This is not financial advice; it is recommended to consult with a tax professional). This flexibility allows us to structure transactions that align with the unique needs and goals of all parties involved.

Is this legal?

Yes, selling a property "subject to" the existing mortgage is legal when done correctly and transparently. Gator Capital Partners LLC, with over 30 years of combined real estate experience, is well-versed in the legalities of real estate transactions. We ensure that all aspects of the process adhere to applicable laws and regulations, collaborating closely with legal professionals for a secure and lawful experience.

How long does the process take?

The timeline varies, but selling creatively can often be faster than traditional sales - sometimes as quick as 1-2 weeks. Factors include market conditions and the negotiation process.

Can I still qualify for another mortgage after selling "subject to"?

Yes, in most cases. Selling "subject to" does not typically impact the seller's ability to qualify for a new mortgage, but individual circumstances may vary.

How do I know the buyer will continue making the payments?

This is a crucial concern, and we take it seriously. To mitigate this risk, we employ a third-party servicer to oversee the payment process. This ensures that payments are made in full and on time. Additionally, we implement thorough screening processes to ensure that buyers are financially capable and committed. Our goal is to create a transparent and secure arrangement for all involved.

Is assuming the loan and subject to the same?

No, assuming the loan and "subject to" are different strategies. When a buyer assumes a loan, they take over the existing mortgage under the original terms. In contrast, "subject to" financing allows the buyer to acquire the property while leaving the seller's mortgage in place. The existing mortgage terms, including interest rates and loan balance, remain unchanged in a "subject to" transaction.

What benefits a seller to sell subject to?

Sellers may choose to sell "subject to" for various reasons. One common scenario is when a seller is facing financial challenges, such as foreclosure or an urgent need to relocate, and traditional selling methods may not provide a quick solution. Selling "subject to" allows the seller to transfer ownership without paying off the existing mortgage, providing relief and avoiding potential financial hardships.

What if I have a real estate agent?

We love to work with real estate agents and appreciate their expertise. If you have a real estate agent, we can still explore creative financing solutions, including "subject to" transactions. Our goal is to collaborate with real estate professionals to provide a tailored solution for homeowners facing unique circumstances. We compensate agents for their help and time, ensuring a fair and mutually beneficial arrangement.


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