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All Forum Posts by: Benjamin Cowles

Benjamin Cowles has started 92 posts and replied 441 times.

Post: Lease Options - Questions

Benjamin CowlesPosted
  • Cape Coral, FL
  • Posts 469
  • Votes 32
Originally posted by @Bill Gulley:
Originally posted by @Saim Chaudhry:

...

So, why would someone who values their time and money, go "list" a property that they can't really advertise for sale (they advertise the contract or option, but not the property since they don't own it...

...Know your buyers, what they are looking for, find those properties, get a contract, now make some phone calls, show the place, sell your option or exercise your option after you have the buyer under contract. Easy! Saves time, money, less liability, less stress, chances of getting pie on your face for failing at what you tried to do and a better way to stay out of trouble.

...

Bill, I've learned this much so far but I've never seen an option for sale on a bandit sign or classified ad or anywhere. So I'm wondering how people sell options and/or leases 

Is it that they most investors just do it the wrong way and get away with it? And how do you legally show a property you don't own to sell an option and/or lease on it? Can you technically sell a lease or do you just transfer them to a buyer of your option(if you didn't SLO the tenant)

I actually only intend on possibly getting a lease option contract with a seller to eventually take over the property for myself but in the event the option is about to expire and I can't get financing I'd have to sell the option, so I'd also need to transfer the lease along with it. 

Thanks

Post: Subject To

Benjamin CowlesPosted
  • Cape Coral, FL
  • Posts 469
  • Votes 32
Originally posted by @Account Closed:

@Benjamin Cowles Generally you are correct. However, don't do anything that constitutes fraud. That means lie or be deceptive. I record the Deed once I take a property so that the world knows the Title transferred. If you aren't comfortable recording the Deed, you shouldn't do Subject To. Rarely, especially in this market do banks call a loan. Also, if the seller ever files a bankruptcy, you want to be notified so you can claim your property. Also, if the seller does something that incurs a lien, you don't want that lien against your property. If the world thinks the seller still owns the property, they will place the lien. Also, if the seller passes away and the heirs think they inherited the house, you want to be able to show otherwise. Also, it is easier to get Title Insurance if you do things properly. And I could go on. regards, Ken

 Thanks for the food for thought. 

Post: Subject To

Benjamin CowlesPosted
  • Cape Coral, FL
  • Posts 469
  • Votes 32
Originally posted by @Tony Medler:

What is the best way to obtain the necessary documents to buy a house subject to?

Have you learned more on this question since posting it? I too am researching this method and would like to know exactly what steps are involved. Seems like it's a standard purchase with the "subject to" detail in there but then you gotta somehow step between the mortgager and the bank to make sure you're on the up and up on the loan(power of attorney?) but at the same time you're trying to hide your involvement with the loan from the bank to avoid the DOS.... Confusing and hairy seeming. And you also might want to include another CYA form disclosing that the seller is aware of the DOS risk.... Then might you use a land trust to help hide yourself from the bank? And what about insurance? Is there a way to keep it in the seller's name but get yourself on the policy to receive any potential payouts. And I bet there's more to it. I'll keep reading. Pls share what you've gathered.

Post: TIC, options..wholesaling in Florida with RE agent license

Benjamin CowlesPosted
  • Cape Coral, FL
  • Posts 469
  • Votes 32
Originally posted by @Brent Hill:

@Benjamin Cowles My first deal I took title and resold the same day. I had transactional funding setup, but my title company said they could do a simultaneous close and wouldnt need transactional funding. I listed the property once I had it under contract in my local MLS and put $10 down. I got the blessing from Florida RE legal hotline, my broker and my local MLS and I disclosed everything in the listing. Many brokers and agents do this in NE Florida....it is very common those many retail agents are unaware of the different ways to take title, transactional funding, assignments, title seasoning and the list goes on. A good title company and lawyer that works with investors is the key. The title company did a little hand-holding on my first one.

I assigned my second deal on a condo for a small fee to another RE agent.  She wasn't aware of the process so I explained everything, disclosed everything...her attorney looked over the contract and I allowed the deal to close at her attorney's office.  Made a great contact and friend out of the deal, along with a great testimonial and 18 farm fresh eggs!  LOL 

Birddogging isn't going to be a part of my business but I will do as bill gulley recommended above if I need to hire someone temporarily and pay them for marketing..just put them in the LLC. Still learning but I decided on most of my deals, I will list on MLS and take title even though it costs me a little more. I missed on my last deal, but I arranged owner financing and the sellers lawyer was going to setup the note, etc - so I was worrying about a lot of this stuff that the title company and lawyers will take care of...that is what we pay them for.

I haven't looked into options yet but I would like to add that method down the road.  Hope that helps.

Thank you Brent. I appreciate the inspiring update. So you have a title co. that does simultaneous closings? Is your company only local or might they have an office down here? 

I see you let the other partys' use their attorneys. I was curious what one needs to be concerned about should the buyer or seller insist on this but since I haven't even used one of my own yet, I suppose I wouldn't have a preference anyway but did you still run the contract for the condo and the (almost) seller financed deal by your attorney or title company or in the case with the seller's lawyer, if they are closing a real estate transaction are they neutral in their involvement? Maybe I'm asking the wrong question but I don't know what to expect or be concerned about exactly tho I've read somewhere someone advising to insist on your own attorney/title co. 

Thanks and congrats! And I hope those eggs were "cage free" ;) 

Post: Subject Tos

Benjamin CowlesPosted
  • Cape Coral, FL
  • Posts 469
  • Votes 32

So did anyone ever find out where to get Michael's book lol? 

So did you ever do one of these options deals

Originally posted by @Bill Gulley:
Originally posted by @Benjamin Cowles:
Originally posted by @Bill Gulley:

... 

Under the tax code a Tenant as a business entity may be entitled to costs of leases, repairs and improvements to real property as an expense, long term leases allow depreciation of the "in-fill". If the tenant pays for items they are not just entitled but required to expense items under generally accepted accounting principles and the tax reporting. The owner may not take expenses that they do not actually incur, that should make sense, that is tax fraud..

...  

An option given conveys an equitable interest to the extent of the option price paid and that interest is amortized or depreciates over the term of that option as the rights to purchase are consumed.

Bill, the first paragraph I think was what I was looking for. Plz confirm. 

So as long as I classify myself as a business(LLC, license, however that's done) a seller can allow me to take care of repairs and maintenance as a master lessee in a sandwich LO scenario?

I'm trying to figure out how to use this strategy correctly and keep getting stumped on all the rules particularly the one regarding repairs. If my assumption of your post is correct, I could slip between a seller with no time to find and manage his/her property as a biz before selling it at a good price(-cost and hassle of realtors) and passive wannabe presently unqualified home buyer and essentially manage the lease and facilitate the eventual purchase. Do I kinda sorta got it?? 

And the last paragraph - whoa! What was that? I must have missed a class. "amortized or depreciates" as in like relative to the dynamic value of the property? And how are the rights to the option "consumed". 

Thanks Bill. 

Yes, it's a commercial venture and you need to sort out who takes depreciation with your accountant. 

Next issue, leasing and facilitating a lease as a business,  do you have a license? 

Sub-letting homes gets very tricky, there are better ways to skin the cat, IMO, but good  luck :) 

Thanks Bill. Yeah, speaking of which I've been reading on your site about using options and TIC's. Can't find the scenario tho where Jane's "Jack" tries to flip a standard purchase agreement the usual way, but I'm following along just fine. I'm in the beginning of your course and read some comments you were planning on going deeper into "tic tac toe". Did you ever? Well I'll find out soon enough. Thanks for what you've provided in your website!

Post: TIC, options..wholesaling in Florida with RE agent license

Benjamin CowlesPosted
  • Cape Coral, FL
  • Posts 469
  • Votes 32

Brent, I'm also pursuing a similar path as your own so whatever you can follow up on as far as what you've learned since your last post regarding your stated concerns would be appreciated. Haven't found much on this topic really. I suppose ultimately once I get a deal, however I structure it I will have an attorney look it over but just getting to that point requires a bit of academic understanding so I can bs my way to a signature. Thanks

Oh oops, should have mentioned I'm pursuing a similar path but without the license and brokerage concerns. 

Post: Wholesale MLS Properties using TIC

Benjamin CowlesPosted
  • Cape Coral, FL
  • Posts 469
  • Votes 32
Originally posted by @Robin Wilk:

Thanks so much for the information to go through and thanks for all the clarifications. Looks like I may need more popcorn though darn it lol. The idea of the TIC Agreement is fascinating to me. Can it be used for seller financing and things like lease options? I guess I need learn more on how deals are structured using this agreement.

 Yes, I'd also like to know. 

Originally posted by @Bill Gulley:

... 

Under the tax code a Tenant as a business entity may be entitled to costs of leases, repairs and improvements to real property as an expense, long term leases allow depreciation of the "in-fill". If the tenant pays for items they are not just entitled but required to expense items under generally accepted accounting principles and the tax reporting. The owner may not take expenses that they do not actually incur, that should make sense, that is tax fraud..

...  

An option given conveys an equitable interest to the extent of the option price paid and that interest is amortized or depreciates over the term of that option as the rights to purchase are consumed.

Bill, the first paragraph I think was what I was looking for. Plz confirm. 

So as long as I classify myself as a business(LLC, license, however that's done) a seller can allow me to take care of repairs and maintenance as a master lessee in a sandwich LO scenario?

I'm trying to figure out how to use this strategy correctly and keep getting stumped on all the rules particularly the one regarding repairs. If my assumption of your post is correct, I could slip between a seller with no time to find and manage his/her property as a biz before selling it at a good price(-cost and hassle of realtors) and passive wannabe presently unqualified home buyer and essentially manage the lease and facilitate the eventual purchase. Do I kinda sorta got it?? 

And the last paragraph - whoa! What was that? I must have missed a class. "amortized or depreciates" as in like relative to the dynamic value of the property? And how are the rights to the option "consumed". 

Thanks Bill.