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Updated about 1 year ago on . Most recent reply

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260
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Randall E Collins
  • Specialist
113
Votes |
260
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HUD and/or foreclosure properties.

Randall E Collins
  • Specialist
Posted

Someone, please remind me because I've been out for the past two years. One cannot wholesale HUD or foreclosures because the contract is unassignable. Is that correct?

Most Popular Reply

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622
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Jesse LeBlanc
  • Investor
  • Atlanta, GA
371
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622
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Jesse LeBlanc
  • Investor
  • Atlanta, GA
Replied

@Greg H. nailed it. 

@Randall E Collins One way around the assignment is merely draft an amendment to the original contract with the agent stating "Buyer and Seller agree that XYZ (your end buyer) is the buyer" (or word it how you all agree) BUT have an email with the end buyer and the closing company stating what your fee is first to secure your fee. Which in essence is assigning, but making it look like you're just changing the name of who the buyer is. Which happens all the time, a buyer might decide "oh, I signed under my flip LLC but really want it to be purchased under my rental LLC".

Just make sure that if this was your intention, make sure you have your buyer lined up first and be transparent so you won't have any problems.  Then it's all legit, everyone wins.

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