Hello all BP’ers,
I need some assistance with structuring a deal. I live and work in Canada and my issue relates to financing. It is quite difficult for Canadians to get financing on investment properties in the US, or at least I have found it to be.
I have a 4plex under contract. I have arranged for a first mortgage from a private investor. They will lend 50% LTV at 8% and the seller will offer a second mortgage of 40% LTV for 8% as well….I need to put in 10% from my own cash….What I like about this arrangement is that I only have to put in 10% from my own funds….However, I don't love the interest rate.
Anyhow, after some digging I found a different source that would do a foreign national mortgage at 70% LTV and rates around 4.5%. The drawback is that they will not allow a second mortgage at the time of closing. They said they would allow a second mortgage after closing though. So I am thinking is there a way that I could put 30% down from my own funds and get the first mortgage for the remaining 70%....Then, within the next few days, have the seller do a second mortgage for 20% LTV….This would still leave me with only 10% down as well it would be better for the seller as they only have to carry 20%....My concern would be that after the sale closes and the seller has his funds that he would back out of the deal and not honor the 20% second mortgage. Is there some way that this could be controlled by a lawyer or some other legal option to ensure that a few days after the purchase the second mortgage gets done?
Lastly, I had planned to buy under my LLC….However, the foreign national program insists that the property must be bought in my personal name….However, it was pointed out to me that after the deal closes the title could be transferred to my LLC with no problems…Can anyhow comment on this? It seems to me that if I can transfer the title to my LLC after the closing date that this would likely be in breach of the mortgage or lender regulations…However, I have a few lenders actually tell me that this is possible and "isn't a problem". Looking for comments on how to do this and whether or not it is acceptable to do.
Thanks in advance for any feedback or comments.