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All Forum Posts by: Alfred Smalls

Alfred Smalls has started 2 posts and replied 11 times.

Post: Notice of Sale Under Power

Alfred SmallsPosted
  • Posts 11
  • Votes 1

@Scott Johnson Georgia, I also buy in South Carolina, and north.

Post: Notice of Sale Under Power

Alfred SmallsPosted
  • Posts 11
  • Votes 1

I have a seller that recently received a notice of sale under power. When the seller is in this phase of the foreclosure process is it too late to sell to a cash buyer? 

Asking because I’m getting conflicting answers elsewhere.

Quote from @Caroline Gerardo:

Every state has a different income tax schedule, depends on his home state, nine states have no income tax but higher sales and transfer of real estate taxes. If the property is not owner occupied he will pay IRS and maybe the state. Don't advise him on taxes. Tell him he must speak with a CPA. You DO NOT want to advise or guarantee his gain or taxes. I was giving a general example to show you, I am not a CPA and I don't give tax advice. 
From the IRS:
"Short-term capital gains is taxed as ordinary income, which could be as high as 37 percent. Long-term capital gains for properties you owned for over a year are taxed at 0 percent, 15 percent or 20 percent depending on your income tax bracket.Jul 7, 2023"

The title company might make him hold back 10%, find out, ask them. Georgia will charge 5.75 which is much lower than California...

@Caroline Gerardo thanks! Yes I read up on a few of those things in regards to Georgia myself. I won’t advise him on the taxes at all, I don’t want to be liable for misinformation and I honestly just want both sides to win. I truly appreciate your knowledge!

Quote from @David M.:

@alfred smalls (why don't your name show up to be propertly mentioned?)

The only other idea is there enough "meat" to increase the purchase price to offset, or partially offset, the capital gains tax?

Or, am i being silly since I know these sorts of deals people don't think rationally about taxes.  If its a $1mil in capital gain I'd understand.  But, if the seller was single and only $250k exclusion, the rest is taxed at 15% nominally.

this would open up your pool to whom to wholesale...

 @David M. so seller has had the property for over three decades and has lived in it but has primarily as of recent rented it out. With agreed upon purchase price of 250K it would be a 210K profit and I’m assuming taxed at about 15% which around 31k. I thought about this route you’re mentioning and do have this in regards to his total profit he would ultimately like to walk away with and a potential for uping purchase price if after capital gains it still meets his walk away profit amount. 

But I just wanted to see if going the seller finance route would work with a fix and flipper or just a seller finance buyer and he still wins in the end.


Again I really do appreciate your thoughts and feedback.

Quote from @Caroline Gerardo:

The note should have a five point prepayment penalty for five years. This gives the seller five years to plan for the taxable event. If flipper pays him off then 5 X loan amount would be an additional gain in that year but maybe make paying 30 or 40 % depending on state and their situation in capital gains. The thing to know is how much is the tax. To know- basis or what paid for plus all capital improvements is the starting number then what is his tax rate. In the event you sell to a flipper or anyone whose plans might change and want to re-sell right away then the prepay covers his pain. Seller also needs a decent return on the note like 8% with a chunk of down payment as buyer might never may him.

 @Caroline Gerardo ok learning a few different things here. What I had etched out in the payment plan was a ballon. We agreed to have payments low with high interest rate to get payments to decent month payment to his liking. 

Also are some of the taxable laws and contract laws different in your state as I am in Georgia. Or are these the terms that is for all states in regards to seller financing?

Quote from @Eliott Elias:

It is solely based on condition. If the property needs extensive rehab, owner finance is probably not desirable. 

@Eliott Elias I’d say medium repairs. Not a lipstick job but not a full gut job for sure.

Quote from @Caroline Gerardo:

If seller wants to hold a note due in ten years you would be lying to them in wholesaling to a flipper who intends to sell in ten months. Seller may be smart enough to add a prepayment penalty.

@Caroline Gerardo so the contract I have will protect both me and the seller in the essence that the end buyer doesn’t hold up their end of the bargain. I’m not lying to seller because we are on the same page, his only goal is the avoid large capital gains tax and secure our negotiated purchase price. 

My intentions here is to seek your knowledge in if it is possible for both to be done in the essence of the end buyer being a fix and flipper or does it half to be a buy and hold end buyer for both needs of the seller and myself to be accomplished?


I appreciate your feedback also!

Quote from @Wayne Brooks:
Quote from @Alfred Smalls:

@David M. True, but I would never go into it with the intent or end goal to pull a dirty trick. My goal here is to have a greater understanding of the framework and routes I can take for the seller to get what he wants and needs and I can assume my fee. I’ve only done the traditional wholesale transactions but this is new to me in the essence of a seller finance deal. 

We’ve spoken extensively and his main purpose is just to avoid huge capital gains tax and that’s why he chose the seller finance route. 

I really do appreciate your feedback it helping me understand different nuances in this route.

Well, it would be a “dirty trick” if the seller wants to spread his gain over multiple years and you knowingly assign it to a flipper who is going to sell it within a few months.

 @Wayne Brooks It would but again that’s not the sellers intent and also that is not my intent(in regards to manipulating the situation) hence me seeking knowledge from you all. Upon us speaking the only goal is to avoid capital gains taxes.

I am only seeking this platform’s knowledge to know if it is possible for both to be accomplished the right way. Seller getting their cash while avoiding capital gains taxes and me assigning the deal. If I should only pursue seller finance buyers or if I can expand buy pool to fix and flippers also.

Quote from @David M.:
Quote from @Alfred Smalls:

Yeah, this is really only so much you can do.  The seller should really protect himself.  But, in doing so that will/should really lock up your sale prospects.  If you really wanted t help you, you'd have to find someone willing to work with the seller on this.  Would installment payments work to spreadout the tax liability, for example?

 @David M. the contract I have protects both of us and I’m going to find perspective buyers that fits the needs for the deal for the seller to win and me. I just only dealt with flippers o I was trying to see if I can pitch this deal to the flippers also with the seller avoiding capital gains taxes. 

@David M. True, but I would never go into it with the intent or end goal to pull a dirty trick. My goal here is to have a greater understanding of the framework and routes I can take for the seller to get what he wants and needs and I can assume my fee. I’ve only done the traditional wholesale transactions but this is new to me in the essence of a seller finance deal. 

We’ve spoken extensively and his main purpose is just to avoid huge capital gains tax and that’s why he chose the seller finance route. 

I really do appreciate your feedback it helping me understand different nuances in this route.