Skip to content
×
PRO
Pro Members Get Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here
Pick markets, find deals, analyze and manage properties. Try BiggerPockets PRO.
x
All Forum Categories
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

All Forum Posts by: Jay Hinrichs

Jay Hinrichs has started 320 posts and replied 40397 times.

Post: How do you do Seller Financing/Sub2 and comply with Dodd Frank/Safe Act ?

Jay Hinrichs
Professional Services
Pro Member
#3 All Forums Contributor
Posted
  • Lender
  • Lake Oswego OR Summerlin, NV
  • Posts 42,174
  • Votes 62,008
Quote from @Eric N.:
Quote from @Jay Hinrichs:
Let me break your post into parts, as each concerns a different subject and as such requires a different response.

1. It should be evident that so far he led me to ask questions how to be in legal compliance while following his model, rather than jump off the cliff blindfolded, believing that the "deals" are hanging all over the trees down the abyss, waiting for me to pick. 

2. As to effort, most of his students find those deals on MLS. They go on Zillow or Redfin and just look for properties that meet the criteria, put them on spreadsheet, analyze the potential deal, pick up the phone and call listing agents. It's not free, you have to spend your precious time to do this. But it does not require DM campaign or SEO. 

3. Why do you think you have to live where you do these deals? Why can't you do it remotely?

4. Big profit spread in this model is not a result of lucky strike, like with probates or desperate seller who is dying to get ten cents on a dollar and needs it yesterday. Usually, the price you pay for the  property is what the lowest per sq ft listings appear to go for on MLS. You may rightfully ask: Are sellers of those properties idiots? Why can't they sell it for double the price Scott pays to buy them? And Scott's answer would be: because no one who wants to buy a house in those areas has 40,000-50,000 cash sitting in their bank accounts. Banks don't lend so little on traditional mortgage and hard money lenders don't go there , so no option for average Joe to get a qualified mortgage or for Jim the Handyman to finance it. But there are John Does who pay monthly rent in excess of what would it cost to finance a purchase of home bought for 70.000-80,000. So, you basically sell this home to a proverbial John Doe, who signs a contract to pay for 30 years little less in monthly payments than what he currently pays anyway to rent apartment where he lives, with no prospect of ever owning it.

5. I would go ahead and buy his training, rather than ask questions here, if I was hyped up and looking to sign up with the program.  But I do the opposite :) And it doesn't cost me money to ask questions on BP. Nor do I see any costs involved (other than time spend searching for properties and making some phone calls) if I ever wanted to try it myself. My only concern is to make sure, if I ever do it, to comply with Dodd Frank/TLA/Safe Acts. 



duly noted.. I humbly submit I have personally done far more deals in these asset class's than scott since I have been doing it since 2002..  Maybe not but I suspect he is not at my level well over 3000 fundings in 17 states of this exact type of home..
but its good you doing your due diligence and getting both sides of the coin.

Post: How do you do Seller Financing/Sub2 and comply with Dodd Frank/Safe Act ?

Jay Hinrichs
Professional Services
Pro Member
#3 All Forums Contributor
Posted
  • Lender
  • Lake Oswego OR Summerlin, NV
  • Posts 42,174
  • Votes 62,008
Quote from @Eric N.:
Quote from @Nicholas L.:
I totally agree, hitting home run is not as easy as watching a Youtube video :))

And it's generally true for any endeavor, there is one Lebron James for thousands of wannabes. That's the reason there are few successful entrepreneurs, most fail rather quickly, and the rest of the population is working 9 to 5 jobs. 

I will note though that Scott's "slow flip" pitch is that you don't have to do any rehab at all. I looked at his videos and I could locate similar houses at similar prices on Redfin, the ones that need rehab but are not in horribly dilapidated state. You will not find them in Pittsburg, they are more in rural areas, away from cities like Pittsburg. 



Yup just go north up to New Castle area you can find vacant homes in that area for 40 to 60k no problem I have funded probably 50 of them or more.. some were retail flips ( got paid off on two on Friday actually) and a lot of them are bRRR.  the inventory is there but can you pull it off ??  Your not going to get a lender to give you 100% financing to buy a 40k house that is a hoarder house or put a loan on it in excess of what your paying and giving you cash back.. that simply is not reality.. It might be for Scott J because he has relationships he has honed over the years but for the average student this is imply not anywhere near reality or repeatable to where you going to retire on cash flow.. These types of low down payment no equity transaction have a horrendous default  rate way over 50%  

Post: How do you do Seller Financing/Sub2 and comply with Dodd Frank/Safe Act ?

Jay Hinrichs
Professional Services
Pro Member
#3 All Forums Contributor
Posted
  • Lender
  • Lake Oswego OR Summerlin, NV
  • Posts 42,174
  • Votes 62,008
Quote from @Joe S.:

Wherever you are finding your Sub2 information, ask these questions there. Most of the regular posters here on Bigger Pockets have a negative view of Sub2, especially after a couple of individuals spammed the site to promote their training.

There was already a negative view of Sub2 on Bigger Pockets due to most of the regular posters did their deals in a different manner therefore, as is human nature anything out of our own personal preference can look mighty sinister.


Morning Joe, I dont think its the sub to as much as dodd frank selling
these homes to owner occ.. That is what the OP is wondering how he
navigates those rules etc. And he has researched it enough to know if
you do 3 or more in a year you do need to do full dodd frank.

if
you look at the U tube he posted you will see its just a trainer giving
a once in a year or so example and not much detail how it actually
works. Like finding a private investor who is going to allow you to
take 10k out of closing :) can it happen sure .. does it happen often
dont think so.. Sub to wrap for the right folks with the backing to pull
it off is just fine I agree with you.. Sub to for beginners with no
real money is very dangerous to a seller full stop.


Post: How do you do Seller Financing/Sub2 and comply with Dodd Frank/Safe Act ?

Jay Hinrichs
Professional Services
Pro Member
#3 All Forums Contributor
Posted
  • Lender
  • Lake Oswego OR Summerlin, NV
  • Posts 42,174
  • Votes 62,008
Quote from @Eric N.:
Quote from @Jay Hinrichs:

 Why this Youtube "BS'er" How I sold a $36k Slow Flip for $169k in Virginia has not been sued for all the false, misleading information and incitement to violate laws?

In the real world we live in you can't get away with massive crime and massive publicity at the same time, unless your name is Hunter Biden or you donate big bucks to you know who.


By BS I mean he is leading you on to believe these deals are low hanging fruit and can be found with very little money or effort.. that simply is not true someone like him if he is doing volume is spending big money each month on direct mail and SEO.. Plus how did he go there he must live there or close so your only working one market. Big profit spreads do happen I see them on the huds when I  fund stuff.. And like I said in the beginning this all works in theory but reality well give it a go and see if your going to be the next Scott and also he mentions his training so thats what he is up to sell the sizzle give one example that is real but not realistic in any kind of volume .. Get people hyped up that they are going to get rich doing this sell the program and maybe 2 to 3% of folks who pay for the program actually do anything with it to any extent. I know the guru bizz i worked back end of many events I know the dreamer mentality .

It reminds me of one of the TAX sale how to traveling freebie events that came to town last spring.. I went to the free meeting as it was less than 3 miles from me.. Same thing they show a house in somewhere mid west they bought for 8k at tax sale and sold for 125k.. did it happen I sure it did.. But as the big disclaimer will say their results are probably not your results.. Anyway give it a go.. Just sell the house to an investor non owner occ and dont worry about dodd frank. that one in the Video not many owner occ's would buy that but an investor would for sure.  Especially with Pace Morby teaching seller finance so there are all sorts of folks that will over pay just to get seller finance.

Post: How do you do Seller Financing/Sub2 and comply with Dodd Frank/Safe Act ?

Jay Hinrichs
Professional Services
Pro Member
#3 All Forums Contributor
Posted
  • Lender
  • Lake Oswego OR Summerlin, NV
  • Posts 42,174
  • Votes 62,008
Quote from @Dan Deppen:
Quote from @Eric N.:
Quote from @Jay Hinrichs:

Defaults are handled by keeping a Deed. You don't transfer the Deed, you write a contract whereby they will get a Deed once they pay off the loan. If they default, you keep deposit and anything they have paid prior to default and simply evict them. They have no Deed, so there is no foreclosure, just eviction for breach of contract and non-payment of dues. You evict them and sell the property to the next end buyer. 


 Buying for $40K and selling for $80K with no improvements doesn't make any sense. As Jay said, someone is getting screwed. Most likely, it's a home with serious problems and an unsophisticated borrower who is probably a first-time homeowner who doesn't know what they are in for. Any attorney general is going to frown upon this seriously.

Contracts for deed are not what they used to be. The CFPB made it very clear recently that all of the same consumer protections apply to them: CFPB Takes Action to Stop Contract-for-Deed Investors from Setting Borrowers Up to Fail There are very few if any places these days where you're just going to easily toss a borrower out with a land contract. Even if you can, why do you want to create a note that has such a high risk of default?

That system is basically: 1/ take advantage of PMLs who don't understand the market, 2/ Take that money and use it for a predatory lending scheme. All the various consumer laws exist specifically to stop bad actors from doing stuff like this.


YUP   U take one BS u tube success story and folks will believe that before they believe folks that are actually in the business daily and for decades.. U tube is amazing that way

Post: How do you do Seller Financing/Sub2 and comply with Dodd Frank/Safe Act ?

Jay Hinrichs
Professional Services
Pro Member
#3 All Forums Contributor
Posted
  • Lender
  • Lake Oswego OR Summerlin, NV
  • Posts 42,174
  • Votes 62,008
Quote from @Drew Sygit:

Two things not covered so far:

1) If a buyer challenges a seller-financed transaction, the Dodd-Frank penalty is that the lender must make the buyer whole. Basically, refund any and all down payments, interetest charges, processing fees, late fees, etc.

2) I beleive Dodd-Frank only applies to owner-occupied properties. 
- Hence why all the DSR loans we've seen have a required document the borrower signs that states the lender will start foreclosure proceeedings if the borrower ever occupies the property.

Please correct me if I'm wrong or clarify anything I missed.


your 100% correct Drew..  owner finance for non owner occ is the place to be I had a lot of clients doing that in Detroit back in 2002 to 2007.. LOTS of them. 

Post: Horizontal Construction Lending- Subdivision

Jay Hinrichs
Professional Services
Pro Member
#3 All Forums Contributor
Posted
  • Lender
  • Lake Oswego OR Summerlin, NV
  • Posts 42,174
  • Votes 62,008
well you have your own answer there are no lenders for entitlements  there are JV partners like me for entitlements but its not at traditional lending rates of course as its all risk capital.
W
I funded 3 entitlement deals in 2024 in Loudan  county VA to the tune of 7 figures in cash.
since my client does not own it its unsecured .. So your bringing one a partner ME.. lol.

This is why the big corp builders or regionals control so much of the larger developments
the deals i funded are 34 lots 160 lots and 80 lots respectively and each of them have contracts on them by Toll and Lennar and one regional but they only close when we have permits in hand.  These are big money plays life changing profits but RISK you bet.. Reward in RE prices for risk of course.

As for horizontal I get mine from local community banks .. Or regional banks.. for my Charleston SC I used Ameris  and Service first bank.. For Oregon Heritage and Summit for my 90 lot project.. Keep in mind though it takes some long term relationships to pull off Horizontal and get bank rates.. your not going to just walk in and get a loan..

Good luck with it.. There are HML that will do horizontal figure 20% apr about.. I get mine from my banks at 7 to 9 depending on where prime is.

Post: STR sub-to/ portfolio

Jay Hinrichs
Professional Services
Pro Member
#3 All Forums Contributor
Posted
  • Lender
  • Lake Oswego OR Summerlin, NV
  • Posts 42,174
  • Votes 62,008
Quote from @Timothy Franklin:

Thanks @Jonathan Greene

I will look them up, but I don't believe you have to "lowball" a seller to get a deal done. The point of the contract is to provide value to both buyers and sellers and  this deal saves the buyer over $1M in interest and easily $100k in furnishings while getting the seller their full equity and saving buy side/sale side realtor commissions. I would say it's more of a scam to offer a seller <70% on a property that needs $5k in material repairs  and flip it for 125% without stepping foot in the property. I've only ever sent out an offer like that once, and that was to a preforeclosure lead that refused to discuss the property, instead telling me "that's not how real estate works, just make me an offer". 


so are you doing this work for the seller for FREE.. ??? I find 95% of deals that go through wholesalers  the seller pays MORE commission and NETS less money by far than listing with a good broker and selling on MLS   ..  MLS hands down will get the seller the best price in the market at the time.

on having these in 3 markets I got to think finding a buyer to buy all three is going to be near impossible.  unless the deal is so good they jump on it and by so good I mean waaaay under market value.

Post: Taking on a major construction project in 2025 - What are some common hurdles?

Jay Hinrichs
Professional Services
Pro Member
#3 All Forums Contributor
Posted
  • Lender
  • Lake Oswego OR Summerlin, NV
  • Posts 42,174
  • Votes 62,008

here is what we did to have our 90 home project in Oregon standout and compete with the likes of Lennar  and Holt ( major regioinal) and Toll.

Kitchens and bathrooms.. Upgraded appliances NO builder drop ins.. Custom cabinets with soft close on every drawer and for whatever reason buyers really like to see dove tail joints one of the first things they comment on when they open the drawers.

Bathrooms if you can zero threshold people love those and as they age out they need it anyway but that would be for main level.  Full mud set pan and custom tile to the ceiling upgraded glass and shower heads  Rain shower if market will absorb. it.  under mount granite or quartz counter tops.. water closet  heated floors .. U already noted closest we put NO WIRE closet racks in our finish carpenter does all our closets.. the other thing we do is put a light in each closet on a switch small thing but man do they like that ..

WE use the doors that have the blinds built in for the man door on the garage so it can have some light or privacy and or if it goes to the backyard because there is no slider same thing and we put that door on whatever room is going to be the office.. that way they can close the blind in the glass for privacy while they work or leave it open  buyers dig that.

Tallest ceiling height you can get away with. So our standard two story is 9ft on both levels. our single levels are 10ft and higher with large vaults and really cool beams in the great room and the primary.. 

Custom lighting we like to install reading lights in primary on the bed wall people dig those wire for it and let them pick the lights..

In Orygun its dark and raining so we over size our windows I would say our homes let in 50% more light than a Lennar house and their windows that are done to minimum UBC code..

For us we are on stand alone lots so full landscaping front back with sprinklers and fully fenced and we paint our fences so the whole development the fences are uniform.

And we bring the side fence to the front of the house so the sides are not exposed to the street all the other builders go cheap and put the fence to the back of the house and save the side yard fence run.. WE also make sure our driveways are 4 feet wider than Lennar this way when they step out of the car they land on concrete NOT dirt .  Again small thing but huge when your pointing it out.. Also we run cement to the rear of the man door so garbage cans can go there and are not in the dirt or have to be in the garage taking up valuable space.

We do engineer hardwood and no Lux viynl like our competitors

So all these things probably cost me 25k pre house but we have been selling them for 100k higher than Lennar for same sq ft and have created the highest priced development in town.

we are approaching 400 a foot for finished product which was unheard of in Canby Oregon.

U can see the homes and the finishs if you go to  Ivyridgeestatescanby  dot com. 

Post: Macro Economic Indicators to Inform Investment and Lending Business

Jay Hinrichs
Professional Services
Pro Member
#3 All Forums Contributor
Posted
  • Lender
  • Lake Oswego OR Summerlin, NV
  • Posts 42,174
  • Votes 62,008
Quote from @Benjamin Finney:

Chris, interesting niche on non-performing mortgages/ rtl's. I guess every problem has it's price. And probably not a lot of competition. I've always found inventory rates (and how they've moved over time ie previous 1-2 years) to be the starting point for where a market's health is at. Thanks for the insight!


I personally dont do any of that.. every market / or most will have an active fix and flip sector or buy and hold sector the important thing to me is the operator full stop.. great operator will do well in any market and all the national data simply is noise at least at my level. ( loaning our own money and JV deals with our own money)  we dont broker or anything like that.
I do drill down when I am building new homes.. And that data will come from MLS Avaliable lots etc etc.. So like I am not going to run out and buy a bunch of lots in Lehigh acres or coral gables FLA which is saturated with new builds and un finished new builds were the  FOMO got going big time and builders have failed to execute and left investors high and dry.
I chose Charleston SC still robust and then my own backyard here in Portland metro.. NOT Portland proper that sucks but the metro is quite hot.