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All Forum Posts by: Daniel Mendez

Daniel Mendez has started 95 posts and replied 246 times.

Post: Doing Subject-To Deals in Texas

Daniel Mendez
Pro Member
Posted
  • Investor
  • Dallas, TX
  • Posts 253
  • Votes 46

Good morning members,

I have heard that in the state of Texas doing subject-to deals aren't allowed or they are complicated in many ways.

Can any investor tell me what exactly do I face when doing subject-to deals here in Texas? Or if I can't do them, what other strategies do I have? Owner financing?

Thank you in advance!

Post: Subject-To vs Wrap Around Mortgage: HELP

Daniel Mendez
Pro Member
Posted
  • Investor
  • Dallas, TX
  • Posts 253
  • Votes 46
Originally posted by @Account Closed:
Originally posted by @Daniel Mendez:
Originally posted by @Account Closed:
Originally posted by @Daniel Mendez:
Originally posted by @Account Closed:
Originally posted by @Daniel Mendez:

Good evening BP,

Can someone help me clarify what is the difference between a Subject-To vs a Wrap around mortgage? I've definitely done my share of research but I am trying to see if everyone has the same definition of what the difference is. Also, can you provide an example of when to do a Subject-To vs a Wrap Around mortgage? Thanks In advance!

Easy peasy.

Subject To is when a buyer takes over a seller's mortgage without paying it off and starts making the payments, the title transfers to the buyer's name and the seller has no recourse if the buyer stops paying the mortgage payment (The seller CAN sue the buyer though if payments stop and would probably win) The bank can call the loan due on the Due on Sale clause

A Wrap is where the old mortgage stays in place and an attorney creates a new mortgage for the selling price. The title transfers to the buyer's name. The buyer pays the seller and the seller pays the bank. The agreement allows the seller to foreclose on the buyer if the buyer stops making payments. The bank can call the loan due on the Due on Sale clause

 Thanks for clarifying that, Mike.  I greatly appreciate that. 
Quick question, would you happen to know when you would use one vs the other?

 I always use Subject To if the seller will go for it. I use a Wrap if they won't go for Subject To or if they plan on buying another house in the next couple of years.

Here is a Subject That I've done:

https://www.biggerpockets.com/forums/311/topics/780022-3-ways-to-wealth-in-real-estate-cashflow-flip-hold-here-s-how

Thanks, Mike.

That article that you provided me of the deal that you did really helped clarify some things for me. 

I have another question, so you take over their loan. Do you then file the deed with the city? Also, did you need to call the bank at all so that they wouldn't activate the due on sale clause?

 Yes, you always file the deed for several reasons. Escrow will do that for you. The deed gets filed with the county the property is in (City doesn't have anything to do with it). If you contact the bank they WILL call the loan. You have no reason, legal or otherwise that you need to involve the bank. You do have to have a way to pay off the loan quickly (30 to 60 days) in the event they do call the loan.If you start missing payments they will call the loan. Don't miss payments, it's bad form. ;-)

I do teach how to do creative financing, subject to, wraps, land contracts and how to find "off market" deals. But it ain't cheap. ; -)

 Mike, have you ever had a bank call a loan on you?

Also, do you have a website where I can learn about you and your programs?

Post: Need help estimating rehab on property ASAP!

Daniel Mendez
Pro Member
Posted
  • Investor
  • Dallas, TX
  • Posts 253
  • Votes 46

@Diana Rivera

Hey Diana,

Quick question, is propstream an expensive software?

Post: Subject-To vs Wrap Around Mortgage: HELP

Daniel Mendez
Pro Member
Posted
  • Investor
  • Dallas, TX
  • Posts 253
  • Votes 46
Originally posted by @Account Closed:
Originally posted by @Daniel Mendez:
Originally posted by @Account Closed:
Originally posted by @Daniel Mendez:

Good evening BP,

Can someone help me clarify what is the difference between a Subject-To vs a Wrap around mortgage? I've definitely done my share of research but I am trying to see if everyone has the same definition of what the difference is. Also, can you provide an example of when to do a Subject-To vs a Wrap Around mortgage? Thanks In advance!

Easy peasy.

Subject To is when a buyer takes over a seller's mortgage without paying it off and starts making the payments, the title transfers to the buyer's name and the seller has no recourse if the buyer stops paying the mortgage payment (The seller CAN sue the buyer though if payments stop and would probably win) The bank can call the loan due on the Due on Sale clause

A Wrap is where the old mortgage stays in place and an attorney creates a new mortgage for the selling price. The title transfers to the buyer's name. The buyer pays the seller and the seller pays the bank. The agreement allows the seller to foreclose on the buyer if the buyer stops making payments. The bank can call the loan due on the Due on Sale clause

 Thanks for clarifying that, Mike.  I greatly appreciate that. 
Quick question, would you happen to know when you would use one vs the other?

 I always use Subject To if the seller will go for it. I use a Wrap if they won't go for Subject To or if they plan on buying another house in the next couple of years.

Here is a Subject That I've done:

https://www.biggerpockets.com/forums/311/topics/780022-3-ways-to-wealth-in-real-estate-cashflow-flip-hold-here-s-how

Thanks, Mike.

That article that you provided me of the deal that you did really helped clarify some things for me. 

I have another question, so you take over their loan. Do you then file the deed with the city? Also, did you need to call the bank at all so that they wouldn't activate the due on sale clause?

Post: Estimating ARV without a RE Agent

Daniel Mendez
Pro Member
Posted
  • Investor
  • Dallas, TX
  • Posts 253
  • Votes 46

Good morning BP members,

How do I go about finding out a rough estimate on an ARV for a home without having to contact an agent and have him/her run comps?

Any websites that you guys depend on when analyzing a deal?

Thanks in advance!

Post: BRRR Deal outside Huntsville

Daniel Mendez
Pro Member
Posted
  • Investor
  • Dallas, TX
  • Posts 253
  • Votes 46
Originally posted by @Colby Fryar:

Investment Info:

Single-family residence buy & hold investment in Huntsville.

Purchase price: $85,000
Cash invested: $85,000
Sale price: $140,000

This is a BRRR outside of Huntsville, which I obtained through my awesome broker there. I am expecting this to be my best BRRR ever in terms of cash flow and hopefully infinite returns.

What made you interested in investing in this type of deal?

My main interest in this deal was the neighborhood it is in. It has very good rents.

How did you find this deal and how did you negotiate it?

Through my awesome agent. We offered cash and a quick closing.

How did you finance this deal?

Hard money- in progress. Will let everyone know how this goes/

How did you add value to the deal?

Rehab- TBD

What was the outcome?

TBD

Lessons learned? Challenges?

Plan for more down up front.

Did you work with any real estate professionals (agents, lenders, etc.) that you'd recommend to others?

I recommend John White to anyone investing in the Huntsville area. He's awesome.

Wishing you the best on this deal, Colby.

Quick question, could you provide me the hard money lender that you used as well as John White contact information?

Thanks in advance! 

Let me know if you want me to just DM you

Post: Upgrading Huntsville Venture

Daniel Mendez
Pro Member
Posted
  • Investor
  • Dallas, TX
  • Posts 253
  • Votes 46
Originally posted by @Brett Hennessy:

Investment Info:

Single-family residence buy & hold investment in Huntsville.

Purchase price: $245,000
Cash invested: $79,000

Attractive B class property within 1 mile of HSV medical district.

What made you interested in investing in this type of deal?

Long term hold for (fingers crossed) equity gain along with good cash flow.

How did you find this deal and how did you negotiate it?

Zillow. It had been sitting for 6 months. Negotiated them down $30,000 from asking price.

How did you finance this deal?

Small local bank.

How did you add value to the deal?

Yes, put $34,000 into a new HVAC, Paint, Lighting, Tree Removal, and a few other odds and ends.

What was the outcome?

So far so good. Renters in place in October 1, property is performing as expected.

Lessons learned? Challenges?

Upgrading to B class is worth it.

Difficult to keep a good contractor busy enough to keep loyal.

Did you work with any real estate professionals (agents, lenders, etc.) that you'd recommend to others?

George Lensch (AGENT)

 Congrats Brett!

Are you managing the property yourself? Or do you have a property management company doing that for you?

Post: Seller Financing: Can someone clarify

Daniel Mendez
Pro Member
Posted
  • Investor
  • Dallas, TX
  • Posts 253
  • Votes 46
Originally posted by @John Teachout:

I just recently closed on a house I sold to a tenant and did seller financing. Georgia is an attorney closing state and they handled everything including recording the mortgage and making up an amortization schedule that was provided to the buyer. We did 20 year at 7% fixed. It's highly likely that they'll finance out of it but it would be to our benefit from a capital gains standpoint if they continued to pay us... It has definitely created a complex tax scenario as we have to deal with depreciation recapture, an installment sale, interest earnings, capital gains, etc...

Gotcha!

So you did lease to own for this tenant right?

Besides a contract and working with a title/attorney on closing is there anything else that is special about the seller financing process?

Post: Subject-To vs Wrap Around Mortgage: HELP

Daniel Mendez
Pro Member
Posted
  • Investor
  • Dallas, TX
  • Posts 253
  • Votes 46
Originally posted by @Account Closed:
Originally posted by @Daniel Mendez:

Good evening BP,

Can someone help me clarify what is the difference between a Subject-To vs a Wrap around mortgage? I've definitely done my share of research but I am trying to see if everyone has the same definition of what the difference is. Also, can you provide an example of when to do a Subject-To vs a Wrap Around mortgage? Thanks In advance!

Easy peasy.

Subject To is when a buyer takes over a seller's mortgage without paying it off and starts making the payments, the title transfers to the buyer's name and the seller has no recourse if the buyer stops paying the mortgage payment (The seller CAN sue the buyer though if payments stop and would probably win) The bank can call the loan due on the Due on Sale clause

A Wrap is where the old mortgage stays in place and an attorney creates a new mortgage for the selling price. The title transfers to the buyer's name. The buyer pays the seller and the seller pays the bank. The agreement allows the seller to foreclose on the buyer if the buyer stops making payments. The bank can call the loan due on the Due on Sale clause

 Thanks for clarifying that, Mike. 


I greatly appreciate that. 


Quick question, would you happen to know when you would use one vs the other?

Post: Subject-To vs Wrap Around Mortgage: HELP

Daniel Mendez
Pro Member
Posted
  • Investor
  • Dallas, TX
  • Posts 253
  • Votes 46

Good evening BP,

Can someone help me clarify what is the difference between a Subject-To vs a Wrap around mortgage? 

I've definitely done my share of research but I am trying to see if everyone has the same definition of what the difference is. 

Also, can you provide an example of when to do a Subject-To vs a Wrap Around mortgage? 

Thanks In advance!