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All Forum Posts by: Jay Hinrichs

Jay Hinrichs has started 321 posts and replied 40558 times.

Post: COMMERCIAL Mortgage Broker Licensing Requirements by State

Jay Hinrichs
Professional Services
Pro Member
#2 All Forums Contributor
Posted
  • Lender
  • Lake Oswego OR Summerlin, NV
  • Posts 42,286
  • Votes 62,163
Quote from @Chris Seveney:
Quote from @Jay Hinrichs:
Quote from @Devin Peterson:
Quote from @Chris Seveney:
Quote from @Devin Peterson:

Does anyone know the regulation behind licensed MLOs brokering or originating commercial loans in states that don't require licensing under a different company from the one the MLO is currently sponsored by who is NMLS regulated? Does that make sense? Recently had a conversation with an MLO who had their license with Company A (NMLS regulated) and then on the side, this person conducted commercial-only business loan-related activity by starting their own LLC (company B) in the states where no mortgage licenses are required. Does that make sense? Can anyone verify this is OK or is it state by state-regulated based on their individual jurisdiction?


 Yes I understand what you are noting, and I believe on the commercial side of things they are typically not putting their names on the docs like you do for a resi loan but just brokering/underwriting it and collecting a fee as a 1099. I know people who do this and I do not believe there are issues with it, but speak to an attorney and they should probably notify the company if they are an employee of that company that they are doing this. Most companies would require this type of disclosure since its similar to what they are doing


Yes Chris I agree - I think if anything it's not illegal state-wide or federally, since commercial lending is NMLS-recognized. However, it could be a conflict of interest between the MLO and the sponsoring company. It seems like this would have to be some preset terms under employment agreements. Other than that, the NMLS specifies no restrictions on the matter.


not sure its NMLS who actually regulates it NMLS is just licensing registration I think its still the states that regulate..thats why you need  a MLO in a certain state then register with NMLS if you have a MLO.. I think.. that darn NMLS website is the most user unfriendly site I have ever seen.. 

 Speaking of licensing, are you licensed in NV or found a way around it in nevada as you need to have a brick and mortar. 


Nope I do not intend to do any business of the lending variety in Vegas I only do joint ventures there.  U have a lot of fake lenders use Vegas address's for some reason.

Post: Pros & cons

Jay Hinrichs
Professional Services
Pro Member
#2 All Forums Contributor
Posted
  • Lender
  • Lake Oswego OR Summerlin, NV
  • Posts 42,286
  • Votes 62,163
Quote from @Chris Seveney:

@Jay Hinrichs

I plan on checking them out. We use Propstream but I am looking for some added info that Propstream does not easily provide

@Sean OToole is the owner and he has built an incredible platform.. My guy I was telling you about in Loudoun county uses PR to find his deals as well its very robust and the best I have seen. 

Post: Landlord getting into section 8 rentals. Any Tips?

Jay Hinrichs
Professional Services
Pro Member
#2 All Forums Contributor
Posted
  • Lender
  • Lake Oswego OR Summerlin, NV
  • Posts 42,286
  • Votes 62,163
Quote from @Nathan Gesner:

You'll definitely need more time to get things processed. I'm sure it's a little more efficient in larger cities, but my market requires up to 60 days to get approval.

Lower your expectations with Section 8 tenants. In my experience, a large percentage of them are fully functional adults that refuse to take personal responsibility for their lives, which is why they are receiving free rent from taxpayers instead of working for a living. They don't communicate well, don't take responsibility for their actions, do not clean or maintain homes well, and will shaft you when it's time to leave.

Other than that, it's a pretty good system.


LOL..

Post: Note investment that generated $100k in 2.5 years!!!

Jay Hinrichs
Professional Services
Pro Member
#2 All Forums Contributor
Posted
  • Lender
  • Lake Oswego OR Summerlin, NV
  • Posts 42,286
  • Votes 62,163

curious how do they structure a note purchase that is not all cash. did they already own the note and just sold the note to you or something ?  

Post: Pros & cons

Jay Hinrichs
Professional Services
Pro Member
#2 All Forums Contributor
Posted
  • Lender
  • Lake Oswego OR Summerlin, NV
  • Posts 42,286
  • Votes 62,163
Quote from @Chris Seveney:

@Ryan Kohen

It’s gotten some pretty bad reviews here on BP

Do you like it or have an alternative ?


Property Radar hands down the best one out there. 

Post: COMMERCIAL Mortgage Broker Licensing Requirements by State

Jay Hinrichs
Professional Services
Pro Member
#2 All Forums Contributor
Posted
  • Lender
  • Lake Oswego OR Summerlin, NV
  • Posts 42,286
  • Votes 62,163
Quote from @Devin Peterson:
Quote from @Chris Seveney:
Quote from @Devin Peterson:

Does anyone know the regulation behind licensed MLOs brokering or originating commercial loans in states that don't require licensing under a different company from the one the MLO is currently sponsored by who is NMLS regulated? Does that make sense? Recently had a conversation with an MLO who had their license with Company A (NMLS regulated) and then on the side, this person conducted commercial-only business loan-related activity by starting their own LLC (company B) in the states where no mortgage licenses are required. Does that make sense? Can anyone verify this is OK or is it state by state-regulated based on their individual jurisdiction?


 Yes I understand what you are noting, and I believe on the commercial side of things they are typically not putting their names on the docs like you do for a resi loan but just brokering/underwriting it and collecting a fee as a 1099. I know people who do this and I do not believe there are issues with it, but speak to an attorney and they should probably notify the company if they are an employee of that company that they are doing this. Most companies would require this type of disclosure since its similar to what they are doing


Yes Chris I agree - I think if anything it's not illegal state-wide or federally, since commercial lending is NMLS-recognized. However, it could be a conflict of interest between the MLO and the sponsoring company. It seems like this would have to be some preset terms under employment agreements. Other than that, the NMLS specifies no restrictions on the matter.


not sure its NMLS who actually regulates it NMLS is just licensing registration I think its still the states that regulate..thats why you need  a MLO in a certain state then register with NMLS if you have a MLO.. I think.. that darn NMLS website is the most user unfriendly site I have ever seen.. 

Post: Would like Suggestions on Foreclosure Buying

Jay Hinrichs
Professional Services
Pro Member
#2 All Forums Contributor
Posted
  • Lender
  • Lake Oswego OR Summerlin, NV
  • Posts 42,286
  • Votes 62,163
Quote from @Duncan Forbes:

Thank you all @Eric N. @Jay Hinrichs @Jonathan Greene @Nicholas L.

you have all helped me to really consider what type of challenge / path I want to get into, and all this information is excellent. I look at foreclosures.com

Out of the 3 stages I am definitely not ready for an auction


preclosure / short sales:

- I need to research how to take over a deed / title

- need to prepare how to do door knocking (I have a sales background and feel confident in dealing with an emotional conversation about someone’s home) 

- there IS a window of like 4 weeks that I need to prepare for (have my finances in order) to then bid before it goes to auction?

- question: so NO real estate agent in this piece? Just an attorney? 

For Actual Foreclosures:

- the negotiation will be harder to get a certain price? 
- do I NEED real estate agent here in this phase then? 

I know I am really condensing ALOT of things….but if you guys could help give 3 major pointers in the pre foreclosure and foreclosure part  on this for someone who HAS real estate already (I have a condo in Mexico). Thank you so much @Eric N. @Jonathan Greene @Jay Hinrichs @Nicholas L.


short sales are almost always done through RE agents and are a major pain the butt if the lender servicer wont respond in a timely fashion.

Pre foreclosure you dont use and agent but if your talking NY I think and not totally sure but I think only an attorney can draft the Deed transfering title . But you could call a closing attoreny and ask..  out west here we do our own deeds we never use an agent or title or an attorney.. Although for me being one a premier client of our title company they would do date downs for me for free and also keep a running spread sheet for me. I had a distinct advantage over my competition who had to do their own courthouse searchs.

Actual foreclosure is on the East coast a Sherrifs sale and you can google the state and sherrif sales and the rules will be on the websites.. but its one of two process's either it requires a non refundable deposit if your the successful bidder or you need full cash at the sale.

So if the opening bid is 600k you need 600k in cashiers check typically I know out west here you cant bring a personal check I have beat others out when they thought they could just write a check and I presented my cashiers check.  then again depending on state judge has to confirm the sale and your deed gets recorded by the court.  Of course could be a little different but thats generally how it  all works.

U want an attorney NOW to explain to you in detail the laws surrounding how the mechanics work.

Post: Would like Suggestions on Foreclosure Buying

Jay Hinrichs
Professional Services
Pro Member
#2 All Forums Contributor
Posted
  • Lender
  • Lake Oswego OR Summerlin, NV
  • Posts 42,286
  • Votes 62,163
Quote from @Eric N.:
Quote from @Jay Hinrichs:
Quote from @Eric N.:
Quote from @Jay Hinrichs:
Quote from @Duncan Forbes:
Quote from @Ken M.:

Foreclosures usually have a lot of "hair" that goes with them. Like deferred maintenance, (bad roof, worn out water heater/AC Unit, warped flooring, water damage) etc, unpaid utilities, unpaid taxes, a second loan, unpaid HOA fees, a bad pool, bad reputation, sometimes squatters, sometimes they were drug houses, and so on. The problem is that you don't get an opportunity to do an inspection before you buy.

If you buy pre-sale from the owner, you have arrears to bring current, getting the owner to move after you have solved their problem and taken the pressure off, along with the previously listed concerns. You can wind up with title issues if you are not careful. Make sure you buy it low enough to make it worth the trouble. If you buy it too low, in some jurisdictions they will call it "equity skimming" which is illegal.

It can be very profitable, I've done many, but you really need to know what you are doing.


 Thank you so much! I don't plan on going on the actual auctions :/.    What I am starting to lean towards is "Preforeclosures" and "Foreclosures," not the in between part 


how are you going to find these pre foreclosures ??  are there services in NY that provide this info..  Not sure if Property Radar is in NY yet.. but they are by far the best service to subscribe to for distressed and pre foreclosure notifications. A few thoughts on the subject from someone who made a living doing this until the laws changed on the West Coast.
Most folks in foreclosure go into deep denial. Or they have it figured out and are going to cure via paying or modification etc etc.  So like with everything foreclosure the funnel is wide in the beginning and by the time you get down to ones you can actually buy its quite narrow.

The other thing one needs to understand is the laws in the state about this acitivty of talking to Owner Occ's in foreclosure some states you need to be a licensed Foreclosure agent. And that is a licensed MLO  Lawyer or in some instances a RE broker.. Not just a non licensed investor.  So need to check those laws.

Once you think there is no law pertaining to the activity then the work begins this is a belly to belly business your not going to do this on E mail and text messaging .. you will need to be able to sit down with these folks or it will never happen.

Also in my experience it was a waste of time to send letters or any kind of marketing. ONLY knock on doors and ONLY within 10 days of the auction. that is when folks are getting a reality check that they must do something. Then you have to see in your state your right to cure laws
some states like the ones we worked in Or and WA you could cure right up to 5 minutes before the sale was going to be cried. Other states you must cure within 5 days of the sale and the lender can allow it or they can refuse.  U have to be able to run your own title work since you will be looking at 20 to 30 props to narrow down to one so not feasible to pay for title on them all.  While this is a way to buy property for most they burn out in the first 6 months since its so darn hard to do it.. I mean we tracked a 2 mil population metro and were able to buy 1 to 3 a month with 6 full time folks doing nothing but the tracking and door knocking. do it yourself going to be a challenge but hey give it a try see how it works.

Very valuable insights, Jay. I was referring to Owner Occupied foreclosures in particular, when warning to stay away from foreclosures in certain states.

I agree that door knocking would be the best way to get these deals down. I also agree that funnel is big and wide when foreclosures start, but only few properties end up being sold. People reinstate the loans and do loan modifications all the time. That's why I would target them a week before foreclosure sale and put all effort on homes that were all but certain to go off the hammer. 

But are you sure that it's impossible to get done remotely, by phone? Did you ever try it?


I only bought props pre foreclosure with significant equity.  And most were just cure it and buy sub to.. if you have no real equity you have no exit without writing a check.  I like to make money on real estate not just buy it to say I own it. And make a few bucks a month as a landlord .. Not many landlords buy their rentals this way. although with all the guru training many are trying and we will see how it all works out.

it takes sales skill to talk people into deeding you their home.. this is a highly charged emotional situation.. And it takes belly to belly skills.. I am sure some will do it with phone and e mail etc.. but I suspect they miss the best deals.
Just like top wholesalers they have buying agents when a lead comes in that buying agent is over to the house and meeting with the folks ASAP so they can lock it up.. if they are non owner occ then yes this is different but now your talking about investors as sellers different mind set .

 You did the right way. Going direct to seller in pre-foreclosure and snatching it before auction sale. Once it's gone to auction forget it. It will be bloated up by bid wars and sold for way more that what it's worth. Makes banks happy, but not what you want if you are concerned about your bottom line. 

My personal experience tells me home owners in foreclosure are in complete denial and will try their best to dig themselves in as deep as they can. There is no point in talking to them when they are just hit with foreclosure notice. Most will curse you and send you to hell. You better reach out to them days before the auction and give them a simple choice: allow foreclosure sale  to occur or allow you to take it over from them, with equity justifying your purchase. 


banks are only owed what their note calls for any bid up at auction above what the bank is owed goes to the next Lien on title or if no other liens it goes to the owner of the house who lost it.

Post: New Investor in TROUBLE - Carrying costs since April 2024

Jay Hinrichs
Professional Services
Pro Member
#2 All Forums Contributor
Posted
  • Lender
  • Lake Oswego OR Summerlin, NV
  • Posts 42,286
  • Votes 62,163
Quote from @Christian Pichardo:
Quote from @Caleb Brown:
Quote from @Christian Pichardo:
Quote from @Caleb Brown:

Should you cut your losses and move on? Seems like it's in a lower end area so if it is filled you will have tenant issues and turnover cost. Why did you invest there? What drew you to it? Winter time is rough for renting especially in states like IL with rougher winters. 

I have actually been thinkin about cutting losses honestly, I am not sure this is the best investment I could have made as my first but worried about how much of a loss I would have to take.

It is meant for S8 for sure, I would have a stringent application process, and give the neighborhood a C from my research.

I invested there because it was the first deal that basically fell on my lap where the mentor works with agents that Seller Finance deals, it was only $3k down and had thought the proximity to St.Louis would be attractive to tenants also.

I effed up on waiting to post for rent until after all repairs and the COO for sure.

I would sell. You made another post about you mentioning you do well with STR in NJ. Why don't you further dive into that? Stick with what works for you

What would you say is fair? I thought of selling back to the seller at the same price, and take the 12kish loss on repairs

I doubt they will take it back.. check your note to make sure you dont have personal gurantees

Post: Would like Suggestions on Foreclosure Buying

Jay Hinrichs
Professional Services
Pro Member
#2 All Forums Contributor
Posted
  • Lender
  • Lake Oswego OR Summerlin, NV
  • Posts 42,286
  • Votes 62,163
Quote from @Eric N.:
Quote from @Jay Hinrichs:
Quote from @Duncan Forbes:
Quote from @Ken M.:

Foreclosures usually have a lot of "hair" that goes with them. Like deferred maintenance, (bad roof, worn out water heater/AC Unit, warped flooring, water damage) etc, unpaid utilities, unpaid taxes, a second loan, unpaid HOA fees, a bad pool, bad reputation, sometimes squatters, sometimes they were drug houses, and so on. The problem is that you don't get an opportunity to do an inspection before you buy.

If you buy pre-sale from the owner, you have arrears to bring current, getting the owner to move after you have solved their problem and taken the pressure off, along with the previously listed concerns. You can wind up with title issues if you are not careful. Make sure you buy it low enough to make it worth the trouble. If you buy it too low, in some jurisdictions they will call it "equity skimming" which is illegal.

It can be very profitable, I've done many, but you really need to know what you are doing.


 Thank you so much! I don't plan on going on the actual auctions :/.    What I am starting to lean towards is "Preforeclosures" and "Foreclosures," not the in between part 


how are you going to find these pre foreclosures ??  are there services in NY that provide this info..  Not sure if Property Radar is in NY yet.. but they are by far the best service to subscribe to for distressed and pre foreclosure notifications. A few thoughts on the subject from someone who made a living doing this until the laws changed on the West Coast.
Most folks in foreclosure go into deep denial. Or they have it figured out and are going to cure via paying or modification etc etc.  So like with everything foreclosure the funnel is wide in the beginning and by the time you get down to ones you can actually buy its quite narrow.

The other thing one needs to understand is the laws in the state about this acitivty of talking to Owner Occ's in foreclosure some states you need to be a licensed Foreclosure agent. And that is a licensed MLO  Lawyer or in some instances a RE broker.. Not just a non licensed investor.  So need to check those laws.

Once you think there is no law pertaining to the activity then the work begins this is a belly to belly business your not going to do this on E mail and text messaging .. you will need to be able to sit down with these folks or it will never happen.

Also in my experience it was a waste of time to send letters or any kind of marketing. ONLY knock on doors and ONLY within 10 days of the auction. that is when folks are getting a reality check that they must do something. Then you have to see in your state your right to cure laws
some states like the ones we worked in Or and WA you could cure right up to 5 minutes before the sale was going to be cried. Other states you must cure within 5 days of the sale and the lender can allow it or they can refuse.  U have to be able to run your own title work since you will be looking at 20 to 30 props to narrow down to one so not feasible to pay for title on them all.  While this is a way to buy property for most they burn out in the first 6 months since its so darn hard to do it.. I mean we tracked a 2 mil population metro and were able to buy 1 to 3 a month with 6 full time folks doing nothing but the tracking and door knocking. do it yourself going to be a challenge but hey give it a try see how it works.

Very valuable insights, Jay. I was referring to Owner Occupied foreclosures in particular, when warning to stay away from foreclosures in certain states.

I agree that door knocking would be the best way to get these deals down. I also agree that funnel is big and wide when foreclosures start, but only few properties end up being sold. People reinstate the loans and do loan modifications all the time. That's why I would target them a week before foreclosure sale and put all effort on homes that were all but certain to go off the hammer. 

But are you sure that it's impossible to get done remotely, by phone? Did you ever try it?


I only bought props pre foreclosure with significant equity.  And most were just cure it and buy sub to.. if you have no real equity you have no exit without writing a check.  I like to make money on real estate not just buy it to say I own it. And make a few bucks a month as a landlord .. Not many landlords buy their rentals this way. although with all the guru training many are trying and we will see how it all works out.

it takes sales skill to talk people into deeding you their home.. this is a highly charged emotional situation.. And it takes belly to belly skills.. I am sure some will do it with phone and e mail etc.. but I suspect they miss the best deals.
Just like top wholesalers they have buying agents when a lead comes in that buying agent is over to the house and meeting with the folks ASAP so they can lock it up.. if they are non owner occ then yes this is different but now your talking about investors as sellers different mind set .