Document preparation for subject-to purchases
Eric@FiduciaryAssetProtectionGroupLLC.comStart an order
Subject-to document preparation

Land trusts for subject-to purchases, prepared the way a county will accept them.

Trust formation, the deed to the trustee, and the assignment of beneficial interest — sequenced correctly, routed to the right kind of signature, and checked against the rules of the state the property is in.

  • Every document routed by that state's execution rules
  • Deed and assignment dated apart, not stacked
  • Due-on-sale risk disclosed before you pay, not after
  • Both sides in one file, neither reading the other's

A representative file

2 parties · 1 lien · Illinois · $218,400 consideration

$1,095Professional fees, fixed
Land trust package$1,095
Seller carryback promissory note and security instrument if needed+$375
Expedited handling if needed+$200
State & county pass-throughs$180

Pass-throughs are estimated and reconciled against the actual charge. Price book 2026.08.2; quotes hold 14 days.

Full price breakdown
51Jurisdictions encoded, rule by rule
22Documents in a full package
30 daysDefault gap between deed and assignment
Append-onlyAudit log, hash-chained end to end
The honest part first

A land trust does not stop the lender calling the loan

12 U.S.C. § 1701j-3(d)(8) protects a transfer into an inter vivos trust only where the borrower “is and remains a beneficiary” and where the transfer “does not relate to a transfer of rights of occupancy.”

A subject-to purchase fails both tests. The assignment removes the seller as beneficiary, and the buyer moves in. Anyone telling you the trust solves due-on-sale is wrong, and expensively so.

FAPG states this in the product, requires both parties to acknowledge it before payment, and marks the flag so that no member of staff can clear it. Correct sequencing avoids making a weak position worse. It does not manufacture a protection the statute withholds.

Read the full analysis

How it works

One file. Two sides. A reviewer between them and the documents.

One party starts the order and fills in their half. They invite the other, who completes theirs. Both submissions go to a reviewer who clears a compliance checklist before anything is generated.

1

One side opens the order

Property, loan, and deal terms. The system checks the jurisdiction before taking a cent and tells you what that state requires.

2

Disclosures, then payment

The due-on-sale analysis and the scope-of-service disclosure are acknowledged first. Then the card is authorized — held, not captured.

3

You fill in your half

Your identity, your role, your details. Confidential identifiers go somewhere no party can read them back.

4

The other side is invited

A link with a high-entropy token, plus a six-digit code sent by a different channel. Neither alone admits anyone, so a forwarded email is harmless.

5

A reviewer clears compliance

Risk checks, disclosure completeness, sequencing, and the jurisdiction gate. Where a state requires it, supervising counsel reviews and signs off.

6

Documents compile and route

Each document is merged from a frozen template snapshot, hash-pinned, and routed to the execution method its state demands — e-sign, remote notarization, or ink on paper.

The full process, step by step

Why it is built this way

The decisions that keep documents recordable

⚖️

Execution method per document, not per order

A deed must be notarized, and in several states it must be signed in ink in a notary's physical presence. Every document in the package carries its own execution method derived from the state rules — and the signing service refuses anything that is not plain e-sign, so a routing bug elsewhere cannot produce an unrecordable deed.

🗓️

Sequencing the way it is supposed to work

Create the trust. Deed to the trustee while the seller is still sole beneficiary. Assign the beneficial interest later, as its own act on its own date. The sequencer enforces the gap rather than trusting anyone to remember it.

🔒

Confidential fields nobody can read back

Row-level security answers whether you can touch a record. It cannot answer whether the buyer may read the seller's SSN. Those identifiers live in a separate table no party can read — there is no product reason to display someone's SSN back to them. Staff access requires a written reason and writes a permanent audit entry.

🧾

An audit log that cannot be edited

The log rejects updates and deletions at the database level, even from the owner. Each entry commits to the hash of the one before it, so an altered history does not verify. This is the difference between saying a document was acknowledged and being able to show it.

📄

The document you read is the document you sign

The same template snapshot, the same merge data, and the same content hash produce the preview in the app and the final rendered file. If those could drift, 'the document you signed' would be a claim rather than a fact.

🚩

The risk is stated before you pay

The due-on-sale analysis is presented and acknowledged before payment, and the resulting flag cannot be cleared by anyone. Honesty about the limits of this structure is the product, not a disclaimer at the bottom of it.

Who it is for

Built for the people who actually run these deals

For investors

A subject-to purchase lives or dies on two things nobody enjoys: whether the county will record what you hand them, and whether the seller understood what they signed. Both are document problems. Both are fixable before closing rather than after.

You found the deal. This is the paperwork behind it. →

For wholesalers & agents

The deal you sourced is worth what it is worth only if it closes cleanly. Most subject-to files that fall apart do so on paperwork nobody owned — a deed the recorder rejects, a spouse who had to join and did not, a transfer tax that showed up at closing as a four-figure surprise.

Send the file. We prepare the paper. →

Jurisdictions

Every state is checked before your file moves

The system encodes the rules of all 51 US jurisdictions — land trust recognition, the deed type that county prefers, witness counts, whether remote notarization is legal there, how transfer tax treats debt assumed, and whether a spouse has to join. Your quote and your document set are built from the rules of the state your property sits in.

Checked before you pay

The jurisdiction is evaluated before a cent is authorized, so you are told what that state requires while you can still walk away.

Cleared by an attorney

A state is opened for service only after an attorney admitted there reviews its encoded rules and clears it on the record.

Priced honestly

Recording fees and transfer taxes are that state's numbers, quoted as labelled estimates and reconciled against the actual charge.

Common questions

Straight answers

Does putting the property in a land trust stop the lender from calling the loan?

No, and anyone who tells you otherwise is selling something.

The Garn-St Germain Act (12 U.S.C. § 1701j-3(d)(8)) protects a transfer into an inter vivos trust only where the borrower 'is and remains a beneficiary' and where the transfer 'does not relate to a transfer of rights of occupancy.' A subject-to deal fails both tests: the assignment of beneficial interest removes the seller as beneficiary, and the buyer moves in.

FAPG's compliance engine says exactly this, marks the flag as clearable by nobody, and requires both parties to acknowledge it before payment. Correct sequencing avoids making a weak position worse. It does not create a protection that the statute does not give.

Is FAPG a law firm?

No. FAPG prepares documents from information you supply, using attorney-reviewed templates. It is not a law firm, does not provide legal advice, and no attorney-client relationship is created by using it.

Where a state's rules require an attorney to prepare or supervise conveyancing documents, supervising counsel admitted in that state is engaged and that cost appears as a line item on your quote.

Which states can I use this in?

A state becomes available only after an attorney admitted there reviews that state's encoded rules and clears it on the record, against their bar number and pinned to a hash of the exact rules reviewed. Change the rules and the sign-off goes stale automatically.

The state pages on this site show what the system currently encodes for each jurisdiction, and whether that jurisdiction has been cleared.

What does it cost?

Professional fees are fixed and published on the pricing page — they do not vary with the price of the property.

Separately, anything a county or a state sets — recording fees, transfer taxes, notary charges — is quoted as a labelled pass-through, collected as an estimate and reconciled against the actual charge. Those vary substantially by state, which is why they are not buried in a flat price.

When am I actually charged?

The card is authorized at checkout and captured only when the file is accepted for preparation.

If the other party never responds to the invitation, or compliance declines the deal, the hold is released. Nothing was captured, so there is nothing to refund.

All questions

Start a file

One side opens the order. The other is invited and completes their own half. Payment is authorized at checkout and captured only when the file is accepted.