Hi Jon, thanks for the feedback.
Originally posted by Jon Holdman:
You're doing a subject to deal. You're buying the property with two loans, then selling the property subject too. I guess your cut is the down payment.
I intend to structure this as an agreement for deed or wrap or some similar device. Yes my cut would be some or all of the down payment. My intention is to market the deal to owner-occupants during escrow, all parties cooperatively choose the best buyer, and close the entire transaction simultaneously. I'm not looking to close on it personally, just put it together and assign it like a wholesale deal.
Originally posted by Jon Holdman:
A big difference between this and the mortgage payment assignments is the YOU are the one on the hook for these two loans. You're selling a property subject to. I'm personally not comfortable buying properties subject to and I can guarantee I would never sell subject to. You give up all rights to the property but you're still on the hook for the loans.
Oh no, I'm not doing a personal guarantee at all...the buyer will. I'll be assigning the entire deal, and if need be I'll have my attorney draw up a nominee agreement to ensure I'm completely out of the transaction once it closes. The seller will have a forecloseable instrument (agreement for deed, wrap, etc).
Originally posted by Jon Holdman:
If I were the private lender in this scenario and you did this I would foreclose so fast it would make your head spin. But then I would never fund a deal that had the second behind me to start with.
If you want to do this right, let the buyer assume both of the loans and give the two lenders the right to approve that assumption.
Bingo...exactly what I intend to do!