To prorate or not to prorate on a wrap loan

To prorate or not to prorate on a wrap loan

Santa Fe, NM · Member since 2016 · 32 posts · 16 votes

We are buying a property from a wholesaler in Albuquerque, New Mexico and the following issue has arisen. Is it normal that rent and mortgage payment does not get prorated at closing? The wholesaler says that it would be a wash.

1. We are buying a small multi unit property - 9 units in two buildings;

2. We are assuming the mortgages from a seller via a wrap loan;

3. Rent has been collected on the property and current mortgage payment has been already made by the seller;

4. Initial closing date was 29th of September. As it was postponed, we were expecting that rents and mortgage payment would be prorated at a new closing date.

Our issue now is that: we have been just informed that "since this is an investor to investor deal and we are paying on a wrap loan" nothing is going to be prorated at closing, that it would just be a wash.

It surprised us. As a result, we are losing 30% of the rent collected which leaves us with less cash to start investing in the property and with the need to come up with additional money to make mortgage payment on the 1st of November.

@David Torres Is it a normal procedure in the case that one is not obtaining a commercial loan? Shall we push back on this and how would we go about it?

Thank you for your input.

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Full Time Investor · Albuquerque, NM · Member since 2013 · 320 posts · 154 votes
9y

@Petr Anisimov how was the contract written?  Everything is negotiable in Real Estate, but generally everything gets prorated at the title company.  Generally, however, the title company won't prorate rents for you, the seller generally brings a check to the table.

Another important consideration, are you getting the deposits?  Are you getting signed, current leases?

If they are pushing back, why not wait until November 1?  Then you get a fresh start.

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  • Full Time Investor · Albuquerque, NM · Member since 2013 · 320 posts · 154 votes
    9y

    @Petr Anisimov how was the contract written?  Everything is negotiable in Real Estate, but generally everything gets prorated at the title company.  Generally, however, the title company won't prorate rents for you, the seller generally brings a check to the table.

    Another important consideration, are you getting the deposits?  Are you getting signed, current leases?

    If they are pushing back, why not wait until November 1?  Then you get a fresh start.

  • Buy-and-Hold Rental Investor · Santa Fe, NM · Member since 2015 · 438 posts · 352 votes
    9y

    They've always prorated them at closing for me. And deposits are required to be transferred BY LAW. Stick to your guns, Petr. 

  • Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    9y

    One has Nothing to do with the other.  Plus, there is NO mtg pmt due by you in the first month, mortgage payments/interest are paid "in arrears".  So, yes, the seller gets no rent, and no pmt from you in the first month (assuming a closing on the 1st for easy calculations).  The seller probably forgets he made no payment for the first 45 days or so when he bought the building.  This should have been spelled in the contract, but is normal operation.

  • Santa Fe, NM · Member since 2016 · 32 posts · 16 votes
    9y

    Thank you all for your advice. We decided to go ahead with the purchase on the current conditions that rent is not prorated.

    Yes, we are getting security deposits from the seller credited to us.

    We are paying the first mtg payment on the 1st and collecting the rent.

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