Subject To - No or Negative Equity Exit Strategy

Subject To - No or Negative Equity Exit Strategy

South Milwaukee, WI · Member since 2015 · 19 posts · 5 votes

Hi BP,

Looking at a seller with no or a slightly negative equity position my research leads me to believe that a "subject to" deal is my best option. Considering the house is in good condition and no major repairs needed. I am under the assumption that my exit strategy would be a 1 to 2 year "lease to own" with my new tenant buyer. Say ARV (though I am assuming I am not putting any money in / pretty house) is 120K seller owes 125K. Seller just wants out and will literally give me to make their frustration go away.

I'm lead to believe I can charge an "option fee" to my tenant buyer say 15K. Catch a slight spread on the mortgage say $200 a month. Finally when my tenant buyer has his/her financial life in order a year or two from now they will be purchasing the property slightly higher than fair market value (of course as previously agreed upon).

Sounds great other than I am fuzzy as to how my tenant buyer is really going to refi when the time comes. When they are ready to refi they will need at least another 3.5% for FHA or worse 20% traditional. However at this point, especially if we started with a slight negative equity position we will be lucky to just be positive.

So my questions are:

1. What is my exit? How can I be confident the  tenant will get this refi'd and get me out?

2. What Can be done about the negative equity position? Do I need to pay it out? 

3. What is reasonable to sell the property for to the new tenant buyer?

4. Will this situation leave my original owner left unable to qualify for a new loan as it looks like they are still paying for the first mortgage?

Am I close here or am I missing some major pieces?

Thanks in advance,

Greg Zimdahl 

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Rental Property Investor · East Wenatchee, WA · Member since 2014 · 10k+ posts · 16k+ votes
10y

I have done a couple zero equity, no work needed long-term subject-to's.  I have held them in my rental portfolio.  Will market rent cover the payment and normal op expenses of it as a rental @Greg Zimdahl?  Probably not if a pretty house in a nice area.

Sometimes these sellers have cash-out-refi'd and already spent their equity.  These folks need to bring money to the closing table. The vacation they took and fancy car in the driveway has now come due.  Will they pay the mortgage down a bit to get right-side-up?

I DO NOT recommend jacking up the price and trolling for suckers for a premium lease option.  If the property doesn't appraise for the strike price at exercise you will be up a creek. If the 'rent rate' you charge is deemed to be over market, same thing.  A couple of the many problems with that exit strategy.  

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  • South Milwaukee, WI · Member since 2015 · 19 posts · 5 votes
    10y

    Am I missing something? Am I way off? 

  • Investor, Entrepreneur, Educator · Springfield, MO · Member since 2009 · 21k+ posts · 12k+ votes
    10y

    I see you're new here, oh my! 

    First, you need to have a qualified tenant buyer with cash to close, they aren't getting a 97% loan with their financial life upside down and probably not in two years.

    Your exit in a sub-to is pay down the mortgage and refi yourself, if that mortgage is called due. 

    Your sale price needs to be near market value, your financing doesn't add value to a property.

    Consider fixing and flipping if there is room, if not, all you are doing is taking the same problem your seller has, 2 years is a blink of the eye and you won't be getting 10 or 20% equity established without cash in. 

    I've turned down many "free" houses, you might need to learn how to say no. :)

  • Chris SeveneyBusiness Member
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    Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes
    10y

    with negative equity walk away. What if he market softens and prices go down. Your stuck with the house. In essence your buying a house for more than it is worth 

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  • Rental Property Investor · East Wenatchee, WA · Member since 2014 · 10k+ posts · 16k+ votes
    10y

    I have done a couple zero equity, no work needed long-term subject-to's.  I have held them in my rental portfolio.  Will market rent cover the payment and normal op expenses of it as a rental @Greg Zimdahl?  Probably not if a pretty house in a nice area.

    Sometimes these sellers have cash-out-refi'd and already spent their equity.  These folks need to bring money to the closing table. The vacation they took and fancy car in the driveway has now come due.  Will they pay the mortgage down a bit to get right-side-up?

    I DO NOT recommend jacking up the price and trolling for suckers for a premium lease option.  If the property doesn't appraise for the strike price at exercise you will be up a creek. If the 'rent rate' you charge is deemed to be over market, same thing.  A couple of the many problems with that exit strategy.  

  • South Milwaukee, WI · Member since 2015 · 19 posts · 5 votes
    10y
    Originally posted by @Steve Vaughan:

    If the property doesn't appraise for the strike price at exercise you will be up a creek.

     Did auto correct change some words or could you elaborate on this, I don't understand. 

  • Investor · Sherman Oaks, CA · Member since 2008 · 6k+ posts · 3k+ votes
    10y

    i'll help @Steve Vaughan with that

    Lease options don't work well if the house does not appraise for the value of the contract

    So if your exercise price is 100,000 and the house appraises for 90,000 at the time the tenant buyer applies for the mortgage

    If the tenant buyer puts up $5000 and the house appraises for $90,000, buyers still need to pony up 10,000 to cover the difference

    I have tied the exercise sales price to an "either or price" 

    either at new appraisal or at a fixed price whichever is higher

  • Rental Property Investor · East Wenatchee, WA · Member since 2014 · 10k+ posts · 16k+ votes
    10y

    Brian is correct, of course.  Worse yet, the house doesn't appraise for your inflated PFA price and they sue your butt and get 3x the option money paid to you in restitution.

    Ignorance is not an excuse in court.  Learn or don't play.

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