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All Forum Posts by: Brian Kempler

Brian Kempler has started 45 posts and replied 75 times.

I buy in Birmingham where okayish properties list for 50k, can be rent ready for 2-5k, and have ARVs of 80-90k.

If I can put 5k in and get the appraisal to 85k that will allow me to be front end profitable on rentals after refinance. 

Do you guys have tips on getting a great bang for your buck appraisal-wise? I almost need to please the appraiser more than the tenant. Putting in 15k+ wouldn't work, I'd be negative on the front end.

Not sure warehouse lines, is that for residential single family notes?

Can anyone recommend a collateral lender who lends against promissory notes? We're calling around and getting interest from maybe 5 to 10% of the lenders we call, but nothing solid yet.

The promissory notes are generated by an RMLO during resale of our property on owner finance terms. I know I have other options like selling the notes or partialling, but this question is more focused on taking collateral based loans against the notes.

Ok point made. I am doing these deals currently. Let's refocus on the topic question.

They have no choice, I sell to non-qualified buyers (They have a down payment but can't get a bank loan).

Single member LLCs default to pass through taxation

Thanks Kevin. There is no institutional lender in the transaction though. I am selling the LLC on an installment sale to the homestead buyer. I would like to use commercial loan terms like balloon payments in the installment sale agreement. The buyer intends to live in the property owned by the LLC.

So in this case the only "loan" are the terms between the buyer of the LLC, and me as the seller of the LLC. I think of it as a land contract for a business sale.

Hello, if I sell an LLC holding real property to a homestead buyer, can I use commercial loan terms on this (business/holding company) sale? Specifically: skipping RLMO, having a balloon payment, and prepayment penalties.

Quote from @Chris Seveney:
Quote from @Brian Kempler:

Hello, if I plan to sell 10+ houses this year on a land contract, does Dodd Frank apply to me? Does the land contract sale also require an RMLO to "originate" the financing? No lien will be secured against the house by me (the seller). If it matters, we focus on Alabama (Also Missouri although less activity up there).


 Forget what you are giving them, a mortgage, a deed of trust, a land contract... You are entering into a consumer agreement which follows the laws of consumer protection. It is wise to have a RMLO to confirm the borrowers ability to repay and other consumer protection laws. Since this would be considered your course of business because it is not a one off, you should also look into things like using 3rd party servicers etc. to maintain compliance.

If you want to do it right, then yes use underwriters to review the loans and treat it as if you were Wells Fargo originating a loan to yourself. This also includes running credit, getting an appraisal etc.


 "It is wise" -- Is it also legally required by the consumer protection laws you mentioned?

Quote from @Jay Hinrichs:

are they owner occ   or investors ? makes a difference

 My buyers are and will be homestead buyers eg owner occupants