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Updated over 1 year ago on . Most recent reply

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Erin Abernethy
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Attorneys to close sub-to, contract assignments, seller finance deals, etc.

Erin Abernethy
Posted

Met with an Asheville, NC attorney today to establish a potential relationship for future closings.  When we mentioned the various types of transactions we might be bringing, this attorney proceeded to condescend to my partner and me - for the entire conversation along the lines of  "if you want to engaged in shady transactions then there are shady and predatory lawyers who will help you"   She was not one of these lawyers apparently. She said that any attorney in NC that is well-respected would not do closings for wholesalers or those purchasing from them because the NC BAR has forbade attorneys from doing so. She also said that sub-to deals and seller financed deals are not above board and that no well-respected attorney would close those either. I was shocked at how condescending, disrespectful of entire groups of people, and elitist she was given the other things i know about her and her firm. This is an attorney I actually found through Bigger Pockets, which she scoffed at when mentioned, making clear that she does NOT have to advertise or sell herself and that she would not want to be associated with BP. Per the person on BP who recommended her she was supposed to be friendly, spend time, not make you feel like a number, etc. Unfortunately she did her damnedest to make me feel like a second class citizen by the time I left her office. 

So - I'm here to ask any of you who know Western NC, is there anyone in the WNC area you would recommend as a closing attorney for various types of real estate deals - tradition, yes but also sub-to, wholesaling (buy or sale side), seller financing, FSBO, etc. ?
Also looking for attorneys to recommend business structure / entity formation (for real estate ventures of all kinds)  as well as  RA services.  

  • Erin Abernethy
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    Ron S.#3 Foreclosures Contributor
    • Paradise, CA
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    Ron S.#3 Foreclosures Contributor
    • Paradise, CA
    Replied

    I mean, just because they are rude about it, doesn't mean they are wrong? Just sayin. These types of deals are often fraught both intentional and innocent issues and errors. 

    Subject to deals by their very nature involve an unwitting and unknowing third party, the lender. A majority of the "subject to" industry is trying to get around the lender exercising the due on sale clause of the note. So, while the transaction may be above board between the buyer and the seller, it isn't above board with the lender. Illegal? No. Shady? I think so.

    Seller financed deals are perfectly fine. Nothing at all wrong with them but unless that seller financed deal is free and clear, I'd refer you back to the "Subject to" rant.

    Subject to is attractive to buyers. Those that can't qualify to finance a property do subject to. Those that can't buy outright do subject to. You can say, "i'm leveraging my money" all you want but after being in this industry for over 30 years, "I'm leveraging my money" usually means, "I bought the Holliday inn seminar that showed me how to wholesale properties with no money down because i can't finance it myself" package. 

    Not saying that describes you but, that attorney has probably seen a lot of people that do fit that description. 

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