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All Forum Posts by: David Dey

David Dey has started 8 posts and replied 332 times.

Post: SKIN IN THE GAME- WHAT SKIN?

David DeyPosted
  • Investor
  • Lakeland, FL
  • Posts 344
  • Votes 603
@Jay Hinrichs @James Wise @Mary B. @Bryce Calhoun @J Scott @David Dachtera @Boyd McClean
i didn't realize this was a 2 page post.  Please review my earlier post and put your $.02 in.  

Jay, I'm especially interested in what you are going to say the correct answer is to question 1.

Post: SKIN IN THE GAME- WHAT SKIN?

David DeyPosted
  • Investor
  • Lakeland, FL
  • Posts 344
  • Votes 603

@Toyin Dawodu you have raised quite a number of good points as have the actual lenders here on this thread.  Both sides are right on many levels.  

Having raised millions of dollars, and having done over 1000 deals with only using one bank loan, the rest being private money, hard money, and creative financing, and not only having borrowed but also lent, I think I am qualified to speak to all points.  

Toyin, your not gonna like this but it's a fact, there will always be more good deals than money.  That is why the investors golden rule exists.  You know the one, "the guy with the gold, makes the rules."

The good news is that if you follow a few simple rules and you actually have good deals, you won't have any problem getting your deals funded.

Here's the truth in lending, (pun intended) there are two questions every lender asks in making an investment decision. It doesn't matter if it's a bank asking for your 10-03 and tax returns or a Private lender asking if you have skin in the game.  It doesn't matter how they ask it, it always boils down to 2 questions.  And the good news is, if you answer these questions right, to your lenders satisfaction, you will get your deals funded 100% of the time.  And if you've ever been rejected for a loan, look at these two questions, if you're being honest you will see that you missed them somewhere.

Are you ready for the questions?  (I bet even the lenders are anxious to find out what these magical questions are)

Here they are!!

Question 1)  what's my security?  Or another way of asking it, how am I not going to lose my money?

Again, Bank of America asking for your credit score, tax returns and your 3 months of bank statements is really only asking you one thing, "how are you going to pay me back?"  Or "what's my security?"

Have no fear, the bank wants to lend you their money, they advertise and market and practically beg you to borrow from them.  They just ask this one little question.... In sooooo many words.

And take it one step further, if you do borrow from them and then default on your loan, will the bank take it personally? No.  They probably don't even remember your name.  Yes they will take your collateral and will report to the credit bureau.  They may even put a judgement against you, but it's just business, it's nothing personal.

A private lender on the other hand, has saved his money over years.  He's has worked on his job or business, and set aside this money as a nest egg for he and his family.  His family's legacy may very well be on the line in his loan process as this could be their inheritance.  Now, with all that on the line, if they lend you the money and you default, do you think it'll be personal to them?  You better believe it!!!

So, seeing how important their lending process is to them, you can see how important answering question number one TO THEIR SATISFACTION, is going to be, right?

If you have made it past the first question, the second will be a breeze.  However, don't take it for granted.  It is still very important to your lender.

The second question is, "What's my return?"  

Ta-Dahh!!  Those are the 2 questions every lender asks.  

Now I'm going stop the soap box speech for a second and give a pop quiz.  @Toyin Dawodu since you have over 400 deals under your belt you will probably ace this, but humor me.  

Mr money bags is standing in front of you, you've presented your deal, and now he's asked you question number one, "what's my security?"

What is your answer?  (I'm not being rhetorical, please answer the question.  And anyone else on this thread @Charlie Fitzgerald @Al Wilson @John C S. @Mike Arias @Rod Desinord @Account Closed )

I'll weigh in after you give it your shot.  I bet you borrowers will be surprised by what the lenders here will say.

Post: How would you buy this? Best creative purchase scenario wins pt2!

David DeyPosted
  • Investor
  • Lakeland, FL
  • Posts 344
  • Votes 603
Originally posted by @Manny Cirino:

@David Dey I don't even know if I could call this a deal at best the we would make an offer at land value at about $25,000 the code enforcements of $77K could be negotiate in Lakeland down to know less than I believe its 50%(been a while since I checked). The reoccurring lien of $100 a day is only stopped once an inspection is completed showing that the property was updated usually that the fascia was covered and that the property is no longer open to the elements (whole in the roof or broken window/doors). The judge here is a not easy on investors he usually only works with people who will be owner occupants not investors profiting but like @Kimberly Jones said it is all about who you know.

I personally would not bet on the D.O.T. at that point you are speculating and I much rather prefer a sure thing. But I seen someone over pay for a house in the ghetto(by 10th st.) paid $70K for a house assessed at 40k 3 months later sold it the school at $120K because the school was expanding its football field, he obviously knew something no one else knew.

 If we are talking a Lakeland "cracker house" I would let my dog live in it as they don't hold up to well. but I would need to know what it would take to repair it? What could I rent it for and what is the repaired value on the property. at $25,000 + 38,500($74k/2) = 63,500( not including fees & repairs) you are right around the tax assessed value of $67 actually may not be so bad a bad deal at all we know I know Lakeland tax assessed value are way lower than the appraised value most of the time.

 You are absolutely right as to the fact that Lakeland code does show favoritism in a good old boy network.  @Kimberly Jones is also right it helps to know someone.  At the time of this deal I used to handle my own codes, now I hired someone that I call the code whisperer who handles all my negotiations.  

The rule of thumb for Lakeland code is reducing the lien to 10% of the total amount along with admin costs for first time offences and 50% for repeat offenders. The problem with this one is that they have suspended the ability to pull permits which would put a hold on demo, and you know them in Lakeland, they once they get something set in their brain they don't like to let go.  It's like you have to have a big stick to threatens them with or a "code whisperer," to deliver the carrot.

Post: How would you buy this? Best creative purchase scenario wins pt2!

David DeyPosted
  • Investor
  • Lakeland, FL
  • Posts 344
  • Votes 603

@Kimberly Jones again, just like last time.  I kind of like your idea better then mine.  I don't see much fault in your plan at all.  The only thing (and this I think goes from city to city) is that Lakeland generally requires the work done before negotiation. But, who knows, maybe they make an exception.

Also, that is a good point, that as lender you have the right to protect your interest.  So remediation is possible.  Again, the only wild card is whether code would work with you.

Post: Maybe you have been in my shoes...my first networking event

David DeyPosted
  • Investor
  • Lakeland, FL
  • Posts 344
  • Votes 603

The only laugh is because we remember when we'd been in your shoes.  :)

Post: Craziest investor stories

David DeyPosted
  • Investor
  • Lakeland, FL
  • Posts 344
  • Votes 603
Originally posted by @Tariq B.:

This happened yesterday.

At one of my places that happens to be vacant as I just started working on it.

As I'm heading towards the back of the house to work on a window I see someone go under the deck..WTH?

So I grab a hammer and go to investigate. Guy is crouched sitting under the deck. Like he belongs there and nothing is wrong. Like this is his place.

Come to find out he was stashing his drugs under my deck and getting high there.

Lovely. Least he was nice and apologetic about it I suppose.

 And at least had the decency to hide it under the deck and not in the house.  :)

Post: How would you buy this? Best creative purchase scenario wins pt2!

David DeyPosted
  • Investor
  • Lakeland, FL
  • Posts 344
  • Votes 603
Originally posted by @Brent Coombs:
Originally posted by @David Dey:
Originally posted by @Brent Coombs:

@David Dey, the words "compensation" and "damages" leaped out here:-

http://www.dot.state.fl.us/rightofway/documents/Ac...

David, did you get an Erin-type lawyer on this case? The rest of your strategy could flow quite naturally, not too dissimilar to the last one...

 Man, I love how you think!!  No I didn't hire an Atty personally, but how would you incorporate Erin?

(Remember, I don't want you to figure out how I did it, I want you to tell me how you would do it)

Thanks for that David. With the property under contract, "Erin" would negotiate those "damages" with the D.O.T; and because of their compulsory acquiring and cutting-off of your future business income from that gem of a property, those damages should be significantly ABOVE normal market value. 

In Florida, isn't that a possible EXTRA $100k?

 Love it,  I'm not sure how strong your stance would be as just someone in contract, but as owner that would work.

Post: How would you buy this? Best creative purchase scenario wins pt2!

David DeyPosted
  • Investor
  • Lakeland, FL
  • Posts 344
  • Votes 603
Originally posted by @Bill Gulley:
Originally posted by @David Dey:
Originally posted by @Steve G.:

@David Dey - So the D.O.T. is a very motivated buyer? 

If the property is stopping highway bypass progress, would the city clear the $77k code enforcement liens - with a bit of negotiation?

Who's taking the property into Foreclosure? Is it the city or the original seller who provided the seller financing or the city who wants to demolish the building? 

 Great questions,  

1) no progress yet, DOT is about a year out. If there is any hinderance to their progress they have the power of eminent domain, however this would be like a foreclosure which would wipe out the city but also you and would pay the liens out first.

2)  the foreclosure was started by the seller who had initially provided the owner financing.

P.S.  Steve, I haven't forgotten the "homework" I have for you.  Getting some info from Duval tax collector.

Eminent domain is not like a foreclosure, the government must pay fair compensation. Some court ordered liens can be super liens, otherwise code violations fall in priority as any other lien. Most likely behind the mortgage. If the state needs the property the city will subrogate or extinguish their liens, the city cannot "tax" the state. 

If you buy the property you get the liens along with it, don't buy the property, buy the mortgage lien. Eminent domain requires the mortgage to be paid, you make 25+K from the discount on the note. If you continue the foreclosure, a seller financed note reverts ownership back to that seller/lender. Then you're in a position to sell the property to the state, near market as required under eminent domain and the city releases liens to the state.

The gag too is that the state or city can go to your foreclosure and pay you off. 

Cash for keys might get a deed in lieu of foreclosure, you own it. 

As the first lien holder you aren't obligated to other liens. 

The down side is you make 25+K from the note or you get to sell the collateral as the owner near market value.

BTW, the appraisal isn't done as a market value that brings a property to it's highest and best use necessarily, it is a liquidation approach at times, quick sale that will be lower and it sounds like the place is ready to fall in, it might be limited more to the land value. :)    

Just read your post to me, I'd probably not foreclose, get a deed in lieu if the owner walked away, the Trustee will most likely approve that on a secured debt, means there can't be any deficiency judgment post foreclosure.

Actually, I wasn't invited to play, but that's okay, LOL, :)) 

 First, let me apologize for not inviting you.  I've seen your posts throughout these threads and absolutely thought of you as one of the ones I wanted to weigh in on this.  (Blame it on temporary insanity or something of the sort)

You will most definitely be invited from here on out!!  (Though I would guess you probably have a number of those super duper grand Poobah awards on your mantle already)

Second, everything you said absolutely is true about an eminent domain about fair compensation and the priority of liens.  

The problem with waiting is the demo.  Like you said, The valuation is based on liquidation valuation and if the property is just a city lot.  Land value is around 15-25k total.  Your right municipalities won't "tax" each other, but they will "tax" you if given the chance.  

No doubt you are a grand Poobah though and will have this solved.  :)

Post: How would you buy this? Best creative purchase scenario wins pt2!

David DeyPosted
  • Investor
  • Lakeland, FL
  • Posts 344
  • Votes 603
Originally posted by @Bill Gulley:

Buy the note for 20-25K, sit back and enjoy the ride, an equity note in FL goes back to the note holder, the highway dept will have to clear the mortgage. Liens are cleared under eminent domain. The city will fold to the highway dept.  Bankruptcy, holds the wolves away until it is discharged, 13 won't cram the note down, if it was properly secured.  Easy money! :)

 See this is why I made the shout out to you, I knew that guys like you will have some thoughts like this....

Here are the things that need to still be addressed though.  

1) the fact that the foreclosure just started in the middle of the active chapter 13 says (and was later confirmed by owner) that the property has been released by both the owner and the trustee as worthless to the bankruptcy estate.  So no wolves held back.

2)  if you were to buy the note, would you continue the foreclosure, which would take months.  (Keep in mind, demo takes place in 30-60 days) or would you just sit back and take your chances?  

3) one more thing to keep in mind, the DOT is over a year away and not a sure thing until they actually start buying or pursuing eminent domain.

Post: How would you buy this? Best creative purchase scenario wins pt2!

David DeyPosted
  • Investor
  • Lakeland, FL
  • Posts 344
  • Votes 603
Originally posted by @Brent Coombs:

@David Dey, the words "compensation" and "damages" leaped out here:-

http://www.dot.state.fl.us/rightofway/documents/Ac...

David, did you get an Erin-type lawyer on this case? The rest of your strategy could flow quite naturally, not too dissimilar to the last one...

 Man, I love how you think!!  No I didn't hire an Atty personally, but how would you incorporate Erin?

(Remember, I don't want you to figure out how I did it, I want you to tell me how you would do it)