Lease-Purchase: Becomeing a 2nd Hand Lender

Lease-Purchase: Becomeing a 2nd Hand Lender

League City, TX · Member since 2016 · 63 posts · 26 votes

Lease Purchase Example- $100K Home w/ 10% down.

I'd like to work close witht lenders and have them refer me there "top reject" prospects. Ones that have the financial credibility, but are just short on their credit scores. I would like them to choose their own house that I will purchase and hold for them. (Giving them a reason to pay a premium rent.)

Assuming they are looking for an FHA, I'd like to take a 3.5% deposit up front. This will go to their down payment on the back end. It will also cover most of the closing cost if the deal falls through and I need to dump the property, preferable to a wholesaler where I can avoid real estate costs. The purchase price of the house will be negotiated to cover closing costs. As my girlfriend is an agent, we will roll her 3% commission into the down payment. Giving me an extra 3% equity off the top and reducing my necessary cash to $7,000.

I will rent the property to them at 11% of the selling price for as long as they need. The best candidate should be able to qualify to purchase within a year. Because this house will eventually become the tenants, all maintenance cost will be pushed onto the tenant. I believe this is called a triple net lease? (needs more research). For a $100k house I would be looking at a $350 cash flow. Plus approximately $140 in equity being built each month.

The contract will have an agreed upon appreciation value built in, appraisal allowing. Say 2%, providing an extra $2,000 upon closing.

Assuming the buyer pays closing cost on the back end and no agents are used, my numbers are as follows:

Final Equity- $11,700

Cash Profit-$4,200

Appreciation- $2,000

Initial Investment- ($7,000)

Final Profit- $10,900

Is this possible or am I missing something?

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Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
10y

You're not going to get non owner occupied financing for 10% down.  

If your girlfriend contributes her commission, as opposed to lowering the price by that amount, which wouldn't reduce your down payment, it will be taxed income to her.

Your exit strategy of selling to a wholesaler is crazy, they'll pay you about 70% of value.

If you're going to charge market rent, and trying to push taxes and insurance on the buyer/renter....good luck with that, outside of any regulatory issues.

You'll have closing cost on both transactions, and unlikely a seller credit will cover them all on the front end.

This idea just has too many problems.

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  • Real Estate Broker · Naples, FL · Member since 2013 · 9k+ posts · 6k+ votes
    10y

    There are quite a few laws that now deal with these types of arrangements. I don't know enough about them to give any advice. I will ask a couple guys to comment:
    @Brian Gibbons

    @Bill Gulley

    There may be federal as well as state laws that apply.

  • League City, TX · Member since 2016 · 63 posts · 26 votes
    10y

    Thank you @John Thedford

  • Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    10y

    You're not going to get non owner occupied financing for 10% down.  

    If your girlfriend contributes her commission, as opposed to lowering the price by that amount, which wouldn't reduce your down payment, it will be taxed income to her.

    Your exit strategy of selling to a wholesaler is crazy, they'll pay you about 70% of value.

    If you're going to charge market rent, and trying to push taxes and insurance on the buyer/renter....good luck with that, outside of any regulatory issues.

    You'll have closing cost on both transactions, and unlikely a seller credit will cover them all on the front end.

    This idea just has too many problems.

  • League City, TX · Member since 2016 · 63 posts · 26 votes
    10y

    @Wayne Brooks

    Thanks for the input, can you please take a look at my thought processes below? I picture this in my head as a way to get top dollar out of tenants for a short time. The process is more complex, but the returns seems to be significantly higher in a shorter amount of time.

    I have a lender that will do 10-15% on investments. I'm not worried about the down payment, its equity that will come back to me. Interest rate is more so what I'm concerned about. I'd be willing to put more down to drop that. Higher down payment would result in lower payment and more cash flow in the middle.

    Whether the commission is rolled into the house or taxed and returned to me, it ends up as a profit on the deal, correct? Lowering the the cost and not taking the commission would only cut into the margins.

    Doesn't all rents cover tax and insurance indirectly? P&I, Tax and Insurance should be between $750-$800. Typical rents in my area are at about 1% of the selling price. Bumping that to 1.1% should pull an extra $100 cash flow.

    As for closing costs, my girlfriend just negotiated a deal that for $225,000 that included $5,000 towards closing costs. That wouldn't cover closing costs? Netting the seller $220,000. Again, I could negotiate a deal for $5,000 less, but it would cut into margins.

    On the back end, doesn't the buyer typically pay closing costs?

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

    @Chris Nowlin

    Okay, I can tell you're thinking! That's pretty much what new investors do and they usually take the same approach in real estate as they do some personal property widget, like a car dealer or buying and selling boats. First mistake!

    RE is treated differently than personal property, because RE is different and that effects how it is valued as well as how we comply with applicable laws. So, first, learn real estate as your girl friend did, but pay closer attention to the basics because she has probably forgotten the hows and whys. The real real estate knowledge needed is in any agent's text book for their licensing classes or you can check out a free basics course from my logo, everything is free now, LOL. 

    There's a truck load of applicable laws in RE and RE law is not the only aspect of the business you need to study or be aware of. Business law, contract law and tax laws also are on the playing field.

    Let's begin with your lender, you may know a banker who can give you funding with 10% on a non-owner occupied property, if it's a bank FDIC won't like that at all as a straight mortgage. It's not just the lender's regulations, PMI won't take that deal and these mortgages must carry insurance when dealing with an institution. So, let's assume your lender is a private person or a very naive broker/hard money lender.

    Next issue, a bank cannot give referrals of near miss applicants without them taking on liability for your performance and FDIC really would not like this! What you'll never hear an attorney say is "Oh, you had a car accident, I do bankruptcy stuff, go see Larry Lawman, he's the best accident attorney around!" Not only are such referrals highly unethical but the person giving the referral takes on liability in giving such advice or guidance. I suggest you not even ask a banker to do this as a referral from the bank! And, they won't do it if they have any sense.

    Next, in your plan, you're seen as a dealer in real estate, you're setting up a financing transaction under the Dodd-Frank Act, highly illegal if you get rolling with rent-to-own stuff.

    You can lose your house, have to return all monies paid to you, get a fine of up to $100,000.00 and/or 10 years in federal prison violating financing laws in installment real estate deals, which is what you have laid out. I don't like the odds myself.

    The black eye comes about by in dealing with consumers, tenants, especially a tenant who doesn't qualify to buy or obtain financing.  

    Your plan is also considered as predatory dealing, charging a premium for the arrangement, no financing arrangement adds value to real estate as you have outlined. Texas has predatory dealing laws at the state and even in municipalities, TREC really doesn't like predatory dealing.

    Again, this might be fine dealing with a car or train load of widgets, but with this approach in RE in Texas (or anywhere) you can be wearing an orange jump suit and be feed 3 times a day.  If they let you off easy you'll most likely be broke from legal fees and out of business and lose any professional license in Texas as well as the ability to obtain one in the future. 

    Don't feel bad, this is the most common mistake made by all of the new investors on this or any other site, or in starting off in RE. Much of the attitudes we develop over our lives in business dealings with personal property are out of bounds in real estate and especially in finance. 

    Oh, I know, this RE guru teaches this or that, or I see hundreds of others doing this, there is also the kid that jumped off a bridge too! You're on a pretty high bridge here, you may not survive and injury is likely when your deal unravels with your unqualified consumer tenant. It will unravel just like 90% of such deals do, that's pretty much why they set this stuff in federal law a couple years ago, so, give the regulators some time, I bet they catch up. 

    Learn real estate before attempting to deal in real estate!  Good luck :)    

  • League City, TX · Member since 2016 · 63 posts · 26 votes
    10y

    @Bill Gulley Thank you for the input. It has given me plenty more avenues to research. Most of which have sent me back to you posts. I just had a few questions regarding some of the issues you brought to light.

    Assuming I generate my own leads with no help from a lender, my first questions involves the Dodd-Frank Act. Can you briefly expand on how this affects my situation? 

    I read a post of yours that outlined a predatory dealing as one that puts a buyer or borrower at a financial disadvantage. Is asking for a higher rent considered predatory? I am not selling the house on the back end for anything more than appreciation. 

    Sorry if the questions are basic! I'm just trying to understand the situation. 

  • Real Estate Broker · Naples, FL · Member since 2013 · 9k+ posts · 6k+ votes
    10y

    @Chris Nowlin

    Why not just do HML. Fast in. Fast out. Higher returns. Of course, you need to research your state laws to make sure you comply with those as well as DF. I have been doing HML for 4 years now. My only regret is not starting earlier.

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

    Chris, just saying paying higher rent isn't predatory, but if you give the tenant expectations of buying from paying significantly higher rents then you cross the line. The DF Act with amendments I think is around 14,000 pages now, thankfully the real estate financing sections aren't that long. 

    The DF Act cover "financing arrangements" to consumers, two things needed, a security interest and payments over time, beyond an initial down payment. 

    Security interest is a little tricky, it's not just a deed of trust pledging security, it's also where a "lender" has the ability to void an agreement and retain title or not pass title. So, in that all lease-purchase deals the seller has a security interest, while they remain in title. 

    Then the issue of a financing arrangement is crediting parts of rents toward the purchase price, that is a payment. You have a financing arrangement any time the agreed purchase price is reduced by receiving other consideration. If I agree to clear your farm for you and you agree to knock off $10,000 off the purchase price on another house that I intend to live in, that is a financing arrangement.

    If you can void the contract if I fail to perform, you have a security interest in the house. 

    That's just an example, if I failed to perform but feel I have earned an equitable interest, our deal could go down the DF Act road or predatory dealing if your expectations of work were unreasonable or unfair. We'd have a real legal mess in such a deal, but accepting money payments is pretty clear cut. 

    In the past I've used a lock box method, the lease requires the tenant to save in an account in their name, I get proof of savings, when they are ready to buy, I sell. This isn't financing, while I can void the contract I never received any payment. 

    Good luck :) 

  • League City, TX · Member since 2016 · 63 posts · 26 votes
    10y

    Thanks @Bill Gulley!

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