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All Forum Posts by: Allison Escovedo

Allison Escovedo has started 4 posts and replied 41 times.

Post: Should we close on this 4 unit?

Allison EscovedoPosted
  • Real Estate Agent
  • Bakersfield, CA
  • Posts 41
  • Votes 6
Originally posted by @Mark De sagun:

@Allison Escovedo Hi Allison, I'm curious if you ever closed on that 4-unit in Taft? If so, how's doing? Has vacany been an issue?

If anyone else has information or experience with the Taft rental market, I'll love to hear from you

Hey Mark, no we didn't end up closing on the 4-unit. If you aren't familar with Taft, it's an oil/ag community primarily dominated by the seasonal ag industry. Most people in the oil industry live in Bakersfield.

Post: Do I need a lawyer!?

Allison EscovedoPosted
  • Real Estate Agent
  • Bakersfield, CA
  • Posts 41
  • Votes 6

Thanks everyone for all the tips and advice! 

The owner of the house is deeding us the property. We are going to have to make the first current ($6k) and pay off the taxes ($5k).

There are squatters in the house now, but because the house has a code violation and is deemed uninhabitable, we are hoping to be able to get them out quick with a call to the sheriff.

Our first order of business is remedying the code violation. It is due to a converted garage - a 14x14' piece was added without a permit 20 years ago- and the code officer just discovered it in 2017. Worst case scenario, we will have to tear down the 14x14 piece and turn it back into a garage. Best case scenario, the county lets us keep the extra square footage and grandfathers the garage in. The reason it is not "up to code" has to do with the setback from the property line. We have placed many calls into the building inspection office, so trying to clarify that up. If anyone has experience with this, please let us know!

From comps, without the added sq footage from the garage, it looks like we could get $120k for the house if we can get the code violation remedied. We haven't been inside the house, so we're unsure the condition of the interior, but $120k is assuming the interior condition is poor. If the interior condition is great, we could potentially get $150k (although this is unlikely).

So for the financials, we've put in $60k originally + $11k for taxes and to make the first current. The first will be $23k against the house. And we owe the lawyer $2k for his counsel during this process.

If we can get through the code violation quickly and efficiently, we may end up making a tiny bit of money on this property. I will keep everyone updated! Thanks again for all your help and if there's anything you think we need to be aware of that we're missing, please let us know!

Post: Do I need a lawyer!?

Allison EscovedoPosted
  • Real Estate Agent
  • Bakersfield, CA
  • Posts 41
  • Votes 6
Originally posted by @Jay Hinrichs:
Originally posted by @Allison Escovedo:
Originally posted by @Jay Hinrichs:
Originally posted by @Wayne Brooks:

You getting a Deed In Lieu is probably your best bet.  Of course the 1st mtg will have be dealt with.  If you have the funds to finish the rehab, keep the 1st happy until you can sell, that’s probably your best option.

that for sure is your best bet just like Wayne says unless your just going to walk from your second.. which if you started foreclosure you at least had the intent to save your investment.. 

Only thing though U want to do this through title at least pay for a title report when you do a deed in Lu your taking title subject to all things on it.. and there could be junior liens or loans to you.. that if you carry through with the foreclosure they are extinguished.. so do check first.

then if that's clear make a deal with the first.. your either going to end up owning it.. or maybe the greater fool theory will play out and someone bids it at the sale and makes you whole.. or you can lower your opening bid to make it enticing. you don't have to start your bid at 1oo % of what your owed.. during the crash I did this often I knew at 100% of what I was owed I would end up owning it.. and having to deal with it.. but if I lowered my opening bid to just get my principal back many times it sold a the sale. and I did not have to deal with it past that.. In these cases its all about capital preservation.. MOST of the time. 

Thank you for the comment! If we bid our own principle do we have to pay that out of pocket? I'm unfamiliar with this strategy. 

No you do whats called a credit bid.. you already have your money in the deal and your expenses  and tax's if you paid those.. so what ever your owed plus late fee's and interest and foreclosure costs any money paid to senior lender and insurance any property tax etc.. all that is added into your credit bid that your entitled to.. your not entitled to more though.  So basically Like said in reality probably no one bids and you end up owning the house subject to the first..  pay the first off and you own it free and clear.. rehab or get it stable sell it. or keep as rental.. that's what your options are. or do nothing and let the first foreclose if it bids up past what the first is owed you would be entitled to whats called overages as your the second..  

Thank you Jay. So, we are owed $75,000 on the second. The first is owed $30,000. The taxes are owed $6,000. So we are entitled to bid up to $75,000 using our credit bid (no cash outlay) but if we bid over $75,000 we will be required to put the cash up front. Did I understand you correctly? 

Post: Do I need a lawyer!?

Allison EscovedoPosted
  • Real Estate Agent
  • Bakersfield, CA
  • Posts 41
  • Votes 6
Originally posted by @Jay Hinrichs:
Originally posted by @Wayne Brooks:

You getting a Deed In Lieu is probably your best bet.  Of course the 1st mtg will have be dealt with.  If you have the funds to finish the rehab, keep the 1st happy until you can sell, that’s probably your best option.

that for sure is your best bet just like Wayne says unless your just going to walk from your second.. which if you started foreclosure you at least had the intent to save your investment.. 

Only thing though U want to do this through title at least pay for a title report when you do a deed in Lu your taking title subject to all things on it.. and there could be junior liens or loans to you.. that if you carry through with the foreclosure they are extinguished.. so do check first.

then if that's clear make a deal with the first.. your either going to end up owning it.. or maybe the greater fool theory will play out and someone bids it at the sale and makes you whole.. or you can lower your opening bid to make it enticing. you don't have to start your bid at 1oo % of what your owed.. during the crash I did this often I knew at 100% of what I was owed I would end up owning it.. and having to deal with it.. but if I lowered my opening bid to just get my principal back many times it sold a the sale. and I did not have to deal with it past that.. In these cases its all about capital preservation.. MOST of the time. 

Thank you for the comment! If we bid our own principle do we have to pay that out of pocket? I'm unfamiliar with this strategy. 

Post: Do I need a lawyer!?

Allison EscovedoPosted
  • Real Estate Agent
  • Bakersfield, CA
  • Posts 41
  • Votes 6

Hey everyone- an update and needing some advice.

So we've initiated foreclosure by filing a notice of default with our lawyer. It takes 3 months before the trustee sale and we're in that waiting period.

We just heard from the owner of the home who told us the 1st is foreclosing. The 1st is for about $30k. The owner wants to deed us the home.

Here are my concerns: obviously deeding us the home is in the best interest of the owner...why is that? What is he going to get out of it that he wouldn't get if foreclosure happened? 

Do we want the home? The home is deemed inhabitable due to the unpermitted garage addition, but there are currently tenants living there illegally. 

Fixed up, the home is estimated to be worth $130-140k, but we aren't sure of the condition of the inside at this point. 

What do we need to be aware of? We're obviously going to talk with our lawyer too. 

Post: Do I need a lawyer!?

Allison EscovedoPosted
  • Real Estate Agent
  • Bakersfield, CA
  • Posts 41
  • Votes 6
Originally posted by @Dylan Vargas:

@Allison Escovedo You're welcome! I have never had to foreclose so not sure of attorney cost. I would get quotes from at least 3 attorneys and ask a local agent of someone they recommend. If this is near Chico let me know and I will stop by the persons house. I would really get 1 contact with that person before starting foreclosure but thats just me. Have some demands thought about ahead of time so when you do make contact you are prepared. Keep me posted!

Thanks for the help Dylan! We plan to definitely see more than one attorney to get a quote. The house is in Bakersfield, but I so appreciate the offer to stop by. Thanks for the heads up and fingers crossed this goes smoothly and gets resolved quickly! 

Post: Do I need a lawyer!?

Allison EscovedoPosted
  • Real Estate Agent
  • Bakersfield, CA
  • Posts 41
  • Votes 6
Originally posted by @Dylan Vargas:

@Allison Escovedo Welcome! I take it you have driven to the home and knocked on the door? Visited his work if any? Just asking as some people dont do the obvious. Good luck and keep us posted.

 Thanks Dylan! He doesn't live in the house, but we're going to drive by later this week (we aren't local) to check it out. We've tried everything to get back in touch, even calling his son, but no response! 

We just had an initial consult with a lawyer who said it would be around $2500-$3000 to initiate foreclosure. Does that seem reasonable ? 

Post: Do I need a lawyer!?

Allison EscovedoPosted
  • Real Estate Agent
  • Bakersfield, CA
  • Posts 41
  • Votes 6
Originally posted by @David Avetisyan:

Typically, second mortgage lien holder will foreclosures when the sale proceeds will cover both mortgage debts. 

I’m not sure what the property is  worth, whose positioned in first and what the condition of the property is, but consider leveling with the client using an attorney first. 

To your success!

 Thanks David. Appreciate the response. Hoping leveling works! 

Post: Do I need a lawyer!?

Allison EscovedoPosted
  • Real Estate Agent
  • Bakersfield, CA
  • Posts 41
  • Votes 6
Originally posted by @Steve Vaughan:

I would at least consult with an attorney and probably have them write a demand letter or lis pendens- depending on the amount at stake.

So this was a loan to a flipper/rehabber? You should have been made whole over a year ago?  How much did you lend? Is it within small claims limits?  

 Yes, definitely going to do a letter.

This loan was to the owner of the property (who is another investor), who owed about $25k on a $130k valued property. We loaned him $60k with the intention of receiving $75k within 6 months. The $25k 1st position mortgage is still there, and from what we can tell, he's paying it. But he hasn't paid taxes this year, but it's California, so the taxes wouldn't cause foreclosure for a year or two more.

Post: Do I need a lawyer!?

Allison EscovedoPosted
  • Real Estate Agent
  • Bakersfield, CA
  • Posts 41
  • Votes 6
Originally posted by @Corby Goade:

First of all, thanks for being brief- I am sure there is much more to this story, but you've given just enough info to start a conversation. Secondly- yes, I think you do, but I wouldn't jump to foreclosure right away. Hire a lawyer that you trust and ask them to make a few calls for you, maybe write a very clear letter and see what kind of response you get. I've found that sometimes just having an attorney reach out can open up a conversation again, and it might save you the grief and time of having to push through to foreclosure. Good luck!

Thanks Corby. This is what we are hoping for!