Advice on Land Contract/Possible Sub2 in Ohio

Advice on Land Contract/Possible Sub2 in Ohio

Jason SellersPro Member
Wholesaler · Pottstown, PA · Member since 2015 · 2 posts · 0 votes

Hi BP,

I'm pretty new to this area of investing, so I want to see if there's anything I can do with this situation that came across my desk. My primary focus is buying/selling notes, but I was contacted by a homeowner in the Mansfield, Ohio area who is selling his house on a land contract and doesn't have confidence that his tenant/buyer will be able to buy the house when the contract is up next September.

The T/B has been in the house for 3.5 years, but has been late with payments (which are just enough to cover the mortgage) several times over that span and the owner believes he has grounds to cancel the contract. If he does this, he would like to go ahead and sell once and for all (if possible), but would want to sell as-is and does not want to make payments on a house he no longer lives in while the house is on the market.

Therefore, he is open to selling sub2 if his payments are covered, but would prefer some assurance that it wouldn't be an open-ended arrangement. I don't feel comfortable doing my first sub2 on a house 7 hours away from me and wasn't sure if there was enough meat on the bone to wholesale it to a more experienced and local investor. ARV is about $180k (unconfirmed; not a lot of great comps and I haven't contacted a realtor for a CMA yet), the underlying mortgage is about $134k and they are asking for $147k (only minimal cosemtic work needed). Is this even a deal worth pursuing? If so, are there any ideas on how I can structure a win-win (or possibly win-win-win) here? Thanks.

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  • Investor/Landlord · Farmington Hills, MI · Member since 2011 · 1k+ posts · 1k+ votes
    9y

    I am not a lawyer and I don't know anything about Ohio law so this should not be misconstrued as advice. Since this house was sold with an underlying mortgage it is possible that the bank that holds the mortgage could foreclose because the due on sale clause has been triggered. This is usually rare when the mortgage payments have been made but it is always a possibility. If someone tries to buy this house they would have to remove the existing occupant. (Few buyers would want to keep an occupant who doesn't seem to be very concerned that their payments are made on time and is unlikely to be able to close out the contract.) The occupant may not wish to leave. Since the occupant has purchased the house on a land contract they may feel, rightfully so, that they have an equitable interest in the property. A judge may agree and may force the owner to start a foreclosure suit in order to remove them. Once legal papers are filed the lender of the original mortgage will be notified. The lender may very well call the loan due at that time and start foreclosure proceedings against the seller(owner) if the loan is not paid in full. 

    This could be a royal mess. Not many experienced investors would wish to take this on. You say this would be your first sub2? Run, Jason, run.

  • Jason SellersPro Member
    OP
    Wholesaler · Pottstown, PA · Member since 2015 · 2 posts · 0 votes
    9y

    Great stuff @Jeff Rabinowitz, thank you. I don't believe there would be any reason for the lender to call the loan due until ownership is transferred, correct? At this point, (unless I was misled) the owner still owns the property and it wouldn't change hands until either the tenant/buyer bought at the end of the land contract or until he sold via sub2.  I do see how the tenant/buyer could create a mess, even if the owner believes he has grounds to void the land contract. So, if no other experienced local investor would take this on, I'll go ahead and walk. Thanks.

  • Investor · Saint Bruno De Montarville, Québec · Member since 2016 · 49 posts · 35 votes
    9y

    @Jeff Rabinowitz Just FYI, in Ohio with a land contract if the borrower has more that 20% equity or has lived in the house 5 years or more then you have to foreclose. Otherwise it is a cancellation of the land contract and an eviction.

    @Jason Sellers I think you're right to walk, this just seems messy...

  • Investor/Landlord · Farmington Hills, MI · Member since 2011 · 1k+ posts · 1k+ votes
    9y

    If Ohio is anything like Michigan, and since I once worked in Ohio for a brief time I know it can be even worse, a judge may decide that foreclosure may be necessary even if the situation before the court does not meet the minimum length of time or buyer's equity rules. I suspect some courtrooms are very tenant/buyer friendly with the judges acting more like tenant advocates than impartial arbiters.

  • Real Estate Broker · MI · Member since 2014 · 594 posts · 183 votes
    9y

    Jason, you may want to connect with some on the BP local forum where this property is located. Perhaps they can connect you with someone with similar experience but most importantly understands the local law. 

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