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All Forum Posts by: John Smith

John Smith has started 2 posts and replied 7 times.

Post: Preforeclosure "subject to" and Bankruptcy

John SmithPosted
  • Atlanta, GA
  • Posts 7
  • Votes 0
Originally posted by @Jon Holdman:

When you buy subject to you get a deed to the property. Its now yours. It can't be taken from the seller because he no longer owns it.

Now, the lender can come after the property. You've violated the due-on-sale clause and that give them the right (but not obligation) to foreclose. If that happens, you would need to refinance or somehow pay off the loan.

So basically I believe you are saying that the LIEN ( MORTGAGE) still attaches but the seller is no longer obligated on the debt if he files chapter 7.   So as long as the subject to buyer pays the LIEN ( MORTGAGE) then unless the due on sale clause is invoked there is no worries for the buyer?  

I think you misunderstood me. I don't want the mortgage in the name of the LLC. I wanted to use the income generated by the LLC as personal income to qualify for a personal mortgage. I gave this some more thought and I THINK that since I'm not electing to have the LLC treated as a corporation, the rental income will flow thru to my personal income tax return and I file the appropriate schedules. Its a single member LLC.

Originally posted by @Blair Poelman:

Chances are you're not going to get a mortgage with an LLC unless you have substantial revenue for several years and very solid books. But in the case that you do get a business loan, I'm not so sure the structure of the LLC is going play an enormous role in an underwriting decision since most lenders are likely going to put you through a normal underwriting process with your personal finances, with you giving a PG.

I have a LLC that i use to rent properties. In a couple of years i want to use income derived from that to help qualify for a mortgage. How should this be structured so that i can properly use that income? This is a new LLC and i JUST started leasing these homes. Thanx.

All of those are good suggestions. My issue is I don't want to have to keep up with redundant information i dont need. I already have software that does my accounting, leases etc. I just dont like the merchant account provider that comes with the software.  All the suggestions above come with tools where i have to upload lease information, etc and keep up with it in THAT software as well as my own.  I just need something as simple as paypal but with better control from my end on the amount that tenants pay.

Originally posted by @Brian Garrett:

Zelle, Apple Pay, Venmo, Cozy.

 Those providers don't allow me to control what the tenant pays and they can also dispute the charge later.  Cozy offers more than I need. I need a service LIKE Zelle, Venmo, Paypal, etc. but allows me to control what the tenant pays. It has to be designed FOR rental collection.  There is a company called RentMerchant that appears to offer what I want but I can never get in contact with them.  I don't like that.

I've searched biggerpockets and i HAVE found some suggested online payment options but they all come with a suite of services i dont need. Im looking for something that ONLY allows my tenants to make online payments for rent, nothing else.  I already have a property management softtware i use to manually collect rents.  I just dont like the merchant that comes with my software.  I need something as simple as using paypal.  The reasons i dont wanna do paypal is the fact that the tenant can pay whatever they want and they could also dispute a paypal charge.