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All Forum Posts by: Frank O.

Frank O. has started 1 posts and replied 9 times.

Post: Wraps and due on sale clause

Frank O.Posted
  • Investor
  • Posts 9
  • Votes 1
Quote from @Doug Smith:
Quote from @T. Alan Ceshker:
Quote from @Doug Smith:
Quote from @T. Alan Ceshker:
Thanks for the question

Yes it does 

First - get insurance in place correctly -- use a proven insurance provider -- this is most important 

Educate seller to not contact the bank

Use a trust structure to have the conveyance appear to comply with Garn St Germain

Be ready to fix if needed via a deed flip flop or paying off the mortgage

These transactions should only be attempted by experienced and ready investors -- those with the knowledge and ability to fix if needed

Thanks

Alan

 Hi Alan, I've made it no secret that I have ethical issues with many of the sub-to tactics being used nowadays, but I have to ask about your statement "educate your seller not to contact the bank". You're knowingly advising a client to hide a covenant break to a financial institution which weakens the lender's risk rating on a deal. How is that any different than concealment in cases such as bankruptcy? What is to keep an unqualified applicant from being declined a loan at a bank only to have them "secretly assume" a mortgage loan from a previously qualified applicant? The Due on Sale Clause was born out of Sub-To deals 30-40 years ago where properties are transferred to non-approved, usually unqualified applicants. How can a financial institution manage risk if properties are secretly being transferred to unqualified applicants with attorneys actively coaching clients to circumvent and conceal covenant breaks. I realize your an attorney, but that smells like mortgage fraud. What specific statutes keep what your advising from being concealment at best and mortgage fraud at worst?


Simple -- the fraudulent actions and misrepresentations you reference are against statutes and contractual terms.  The due on sale clause is a permissive act allowed to the bank and not a prohibitory clause.  Very simple.

In a wrap, nobody is deceiving the bank.  They just are not proactively advising a permissive right has been triggered.  This is not actionable conduct and any attorney that says it is -- is wrong and likely trying to scare their clients into buying something from them - legal services, coaching, docs or otherwise.

I may be in the wrong forum for a high level discussion on how to make wraps safer and more risk free than they already are.

Maybe someone will pop out soon and have something other than misinformation and scare tactics.

I remain hopeful

Thanks

Alan




 Perhaps this is the wrong forum. My low-level intellect can't seem to function on your level. You're right...it is a permissive act, however your active recommendation of concealment is what I am taking issue with. When we underwrite a loan, we are underwriting the borrower. Sub-to without our permission increases our risk. You're recommendation to conceal it from us is what I am taking issue with. 


Post: Prime Corporate Services?

Frank O.Posted
  • Investor
  • Posts 9
  • Votes 1

Great advice Greg O’ Brien

Something I experienced in my second consult told me this is a quick turn firm. They wanted to set up autopay quicker than they could review my thoughts. While I do understand it’s a business my experience was super aggressive and I just hung up on the guy. 

Frank

Post: Where to start my portfolio?

Frank O.Posted
  • Investor
  • Posts 9
  • Votes 1
Quote from @Bret Halsey:

I've decided to look to buy my first true investment property in the near future and despite knowing how to run the numbers, I'm having a difficult time deciding where I should be looking to buy. I'm considering either a small multifamily (duplex or fourplex) or perhaps a single family that will be easy to rent and cash flow. Where I live is way too expensive to cash flow so I was thinking a landlord friendly state in the midwest, something with plenty of inventory for me to find a good deal but also strong rental demand. For those who invested out of state, how did you decide on your market? Where are some good areas I should check out?


Quote from @John McKee:

Still could use more details from you, but if you really like the building and it's the only game in town go for it.  It will probably cost you a lot more to start over so factor those costs in as well in your decision.  If money is tight for you then work out a lease to own plan.  I.E. seller financing.  Give him his price but stretch out the payments with little or no interest.  The last thing you want is an investor or operator coming in seeing the bigger picture and scooping this building up and putting you out of business or raising the rents.   Perhaps the landlord can knock a little off of the price because your buying it  directly from him without using a broker that may charge up to 6% commission.  I see lots of options here.  I wish I was the broker here so I could get you guys to work together.  


Quote from @Frank O.:
Quote from @Cason Acor:

So have you signed your lease renewal yet, or no? No reasonable person would pay more than the appraised value for a property, whether they run a business in the building or not. Your landlord’s logic is incorrect. Especially if you have to get a loan to buy the building. No lender will give you money over the appraised value, regardless of what your contract price is. 

I totally agree why would it make sense to anyone to purchase based on what it could be worth the future is unknown and lending is precarious in this climate. I’d call his bluff and say I find your offer based on an unknown future unreasonable I’d be surprised if it will sell you may consider making a deal with the new owner if he could find one. It’s an ideal situation for someone purchasing with a tenant in place. As long as your rent is within market value range. 

Quote from @Cason Acor:

So have you signed your lease renewal yet, or no? No reasonable person would pay more than the appraised value for a property, whether they run a business in the building or not. Your landlord’s logic is incorrect. Especially if you have to get a loan to buy the building. No lender will give you money over the appraised value, regardless of what your contract price is. 


Quote from @Julio Gonzalez:

Hi Frank, welcome to the community!

Thank you for the kind reception.

Quote from @Blake Novotney:

Hey Frank, 

Let's connect and see how I can provide some value. I live/work here in Wilmington, originally from New England. We have a fantastic area down here with plenty of opportunities for whatever strategy you are looking to deploy.

Looking forward to hearing from you!

 Blake I appreciate you reaching out. Sure looking forward to talking sometime. Absolutely I once lived in New England for a time. Currently an unfortunately back in NYC working. However extremely grateful 😊 

Hello everyone,

My name is Frank Ortiz 

I’m obviously just starting with two properties hoping to network and continue building momentum as is essential from what I noted as the general consensus.

My overall goals are to build during a 5-10 year window.


I’d love to talk and learn as I’m still a w2 full time employee 😢