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All Forum Posts by: Ken M.
Ken M. has started 7 posts and replied 200 times.
Post: How do closing agents fund private money deals?
- Investor
- San Antonio, Dallas
- Posts 202
- Votes 104
Quote from @Brett Synicky:
@Ken M. That's not how it works. UBIT is generated two ways. Income from leveraged real estate or active business income. It's a sliding scale but at about $12,500 of income for the year it scales up to 37%. But that is calculated after expenses and depreciation is factored in.
Retirement accounts are designed to be invested passively so when the IRS sees you running an active business in it, to level the playing field between retirement accounts and other business the retirement account incurs UBIT.
When the IRA invests in real estate using debt not only does it have to be non-recourse but the IRS says, you can use leverage but since you aren't only using IRA money for this investment the retirement account is going to pay UBIT on the income generated because of the debt.
There's more nuance to to it for sure but this is a good overview. Make sense?
Post: Is Subto legal?
- Investor
- San Antonio, Dallas
- Posts 202
- Votes 104
Quote from @Kevin Sobilo:
Quote from @Ken M.:
Quote from @Kevin Sobilo:
Quote from @Ken M.:
Quote from @Kevin Sobilo:
Quote from @Ken M.:
Quote from @Kevin Sobilo:
Quote from @Jay Hinrichs:
Quote from @Tom Gimer:
Quote from @Jay Hinrichs:
Quote from @Eyal Goren:
Quote from @Mitch Messer:
Quote from @Eyal Goren:
I read that every mortgage has a Due on Sale clause, which means you have to notify the lender when you sale the property and pay the entirety of the loan when you sell the property.
How do people work with the clause and make these kinds of deals?
First, let's be very clear here.
The mortgage your speaking of is a private agreement between the seller and the lender. The "due on sale" clause (DoSC) obligates the seller to notify the lender if the property is sold.
Failing to do so would place the seller in violation of this agreement, giving the lender the right to accelerate the loan.
But no laws are being broken here.
So, subto is neither legal nor illegal.
Second, it only works because most lenders are more interested in receiving payments than in invoking the DoSC clause and foreclosing on the property.
But, it can work, provided seller and buyer are both on board and the proper process is followed.
Thanks for the clarification. What happens if the lender does accelerate the loan? I guess the seller would like to address that in the agreement.
If you dont pay the loan off it goes to foreclosure and the original owner gets their fico CRUSHED. its highly risky for most mom and pops to sell on sub to.. and its simply not a way for those without substantial wherewithal to buy property and keep the seller safe.. Lots of absolute nightmares come out of sub to when folks get into title but dont have the money to pay the loan off or the ability to refi.
Long term hold, with buyer planning on carrying existing financing to term without the ability to quickly cure default — terrible strategy with huge risk for both parties.
Exactly Tom all of my sub to over the years have been deals were we got the assets for far below market did rehab and resold generally within 9 to 12 months we never bought them to keep as rentals. Its a very poor situation for the original owner to be on the mortgage for years and years without the benefits of ownership and the control.
Why do you say its bad for the original owner long term? I would think in most situations the original owner is in financial trouble, probably delinquent on their mortgage and facing foreclosure. So, selling sub-to, the mortgage is brought current and timely payments are made by the new owner helping the original owner's credit CONSIDERABLY!
Also, I believe I saw somewhere that the mortgage won't count against the original owners DTI after a period of time if they show someone else is paying the mortgage. So, they could potentially buy another house later on.
I do agree the lack of control is a potential issue.
.
People recover over time and they want their name off of the loan.
They have no way to force removal, other than to pay off the loan on a home they no longer own.
So they contact the lender and tell the lender they no longer own the property and want to be removed. The lender at that point can exercise the Due On Sale and it becomes a problem for the subto buyer, who now has to find new financing or lose the house to foreclosure. This destroys the credit of the original owner who can then sue the subto buyer.
Another issue is if the subto seller claims they were taken advantage of by the subto buyer at a vulnerable time (pre-foreclosure) and an attorney or regulator raises the question of equity skimming. Bank related issues can be prosecuted for 10 years. Serious punishments.
With all of that, Subject To is legal. Just make sure you do it the legal way. Driving a car is legal, as long as you follow the rules. It's the same idea.
People can do all sorts of dumb things. If the loan is being paid the seller/previous owner has no reason to want off of the loan. They can qualify for a new mortgage and show they are not the ones paying on the old loan so that the payment doesn't affect their DTI.
I don't think the typical sub-to deal would lead to equity skimming because they are likely close to foreclosure and there isn't enough time to rent the unit back out and make money allowing the unit to go to foreclosure.
If the new owner pays on the loan its not "equity skimming" from what I understand of it.
You are correct there certainly are ways for things to be done badly or illegally, but these are BAD MESSY situations before a sub-to deal would even be considered. Its like a short-sale, its better than a foreclosure but has downsides as well.
If you believe that is true, please cite a source. You simply saying something is so, adds nothing to a discussion. All it ends up being is one person saying "Is not!" and the other one saying "Is too!" over and over.
.
Your paper is due friday by noon. This paper constitutes 50% of your grade. Use FRCP 26 to construct your argument and give citations where appropriate. State your legal theory if you choose to take an adversarial position. I'll be available in my office from 9:00am to 3:00pm for the next 3 days
1. https://app.leg.wa.gov/rcw/default.aspx?cite=61.34.020
2. https://leppardlaw.com/criminal-law/fraud/equity-skimming/
3. https://le.utah.gov/xcode/Title76/Chapter6/76-6-S522.html
5. https://www.abajournal.com/news/article/4_new_york_lawyers_indicted_in_alleged_1.4m_equity-stripping_scam
6. 4 New York Lawyers Indicted in Alleged $1.4M Equity-Stripping Scam
7. https://archives.fbi.gov/archives/boston/press-releases/2011/walter-bressler-enters-guilty-plea-in-mortgage-fraud-equity-stripping-scheme
Walter Bressler Enters Guilty Plea in Mortgage Fraud/Equity Stripping Scheme
8. https://scholarship.law.umn.edu/cgi/viewcontent.cgi?article=1279&context=faculty_articles
Foreclosur eclosure Equity Stripping: Legal Theories and Str quity Stripping: Legal Theories and Strategies t ategies to Attack a Growing Problem
9. https://www.legalmatch.com/law-library/article/equity-stripping-lawsuits.html
What Is Equity Stripping?
Equity stripping, or equity skimming, is a type of real estate fraud scheme. It typically involves a person gaining access to remaining equity in a home that is subject to foreclosure.
10. https://www.legalmatch.com/law-library/article/equity-stripping-lawsuits.html
Acquisition: The rescue artist convinces the homeowner to transfer the title to their house to them as a way to avoid foreclosure. In some cases, the rescue artist may have the homeowner live in the home as a tenant and pay rent to the rescue artist. In the long run, the rescue artist makes off with the remaining equity that was still left in the home.
11. https://www.patrickburnslaw.com/articles/defining-predatory-lending-and-equity-stripping-in-minnesota/
Defining Predatory Lending and Equity Stripping in Minnesota
12. Federal Protections
Federal protections against predatory lending begin with a veritable alphabet soup of legislation, including TILA, HOEPA and RESPA.
13. https://www.lexology.com/library/detail.aspx?g=f361b502-32ed-425c-ac38-fa2a05653449
7th Cir. Rejects County’s Allegations That Lenders Engaged in ‘Integrated Equity-Stripping Scheme’
Equity stripping scams were particularly prevalent in the early 2000s. Under this scam, a homeowner facing foreclosure is approached by someone who promises to help save the person’s home. This person may actually be a licensed lawyer or a real estate professional. The trusting homeowner would deed the house over to the other person, and that person would sell it back in a contract for deed or would set up a rental, claiming that this is just until the original homeowner gets back on their feet financially.
15. https://efraudprevention.net/embed/cody/Equity-stripping_scams.html
Equity-stripping scams
Equity stripping is a type of fraud in which a scammer targets individuals who own a valuable asset, such as a home, and convinces them to take out a loan using the asset as collateral. The scammer may promise to help the victim get out of debt or improve their financial situation, but in reality, they have no intention of helping the victim and are only interested in taking ownership of the asset.
Once the victim takes out the loan, the scammer may siphon off the funds or use them for their own purposes, leaving the victim with a large debt and no asset to show for it. In some cases, the scammer may also charge exorbitant fees or interest rates, making it nearly impossible for the victim to repay the loan and keep their asset.
16.
U.S. Attorney’s OfficeMay 13, 2011 |
|
CONCORD, NH—Former Nashua resident Walter Bressler, 42, of Frisco, Texas, pleaded guilty in U.S. District Court to operating a mortgage fraud and equity stripping scheme involving numerous New Hampshire properties. At a hearing before Senior U.S. District Judge Joseph DiClerico, Bressler admitted to violating the federal mail fraud statute in connection with the scheme.
Thank you for admitting you were incorrect. I looked at about half of those resources and realized that you had no clue what you were talking about.
None of the resources indicated the kind of changes to the law as you had suggested. One was even about vehicles and not real estate.
I guess when you tried to spitball hoping something would stick when you realized you didn't have anything worthwhile to put forth.
While you present a very interesting response (not accurate of course, but interesting)
I'm not aware of a case where the judge dismissed the case because the defendant stated "I didn't know it was illegal"
This is no longer for you. This is for serious people who read this.
Since law is is difficult for some people, let me be more clear
There are various codes that can be violated when buying properties (the definitions are easy to find with a quick search)
- Equity skimming
- Equity stripping
- Foreclosure Rescue
- Mortgage Fraud
- Short Selling
- False Statements
- Wire Fraud
- Bank Fraud and so on
- here's a sample
"shall be fined not more than $500,000, imprisoned not more than 5 years, or both."
FBI:
Foreclosure Rescue Fraud
These con artists convince desperate homeowners that they can save a house from foreclosure if the homeowner deeds the property to them and pays an exorbitant fee up front.
https://www.fbi.gov/video-repository/newss-foreclosure-rescu...
18 U.S.C. §§ 1014, 1343, 1344, 1349, 1961, 1963 (2024).
- Penalties vary depending on the fact pattern but can be
- "such person shall be fined not more than $1,000,000
- or imprisoned not more than 30 years,
- or both."
Do with it as you will
Post: Buying a rental property in Kingman Arizona
- Investor
- San Antonio, Dallas
- Posts 202
- Votes 104
Quote from @Tyler Condon:
What do people think about Kingman Arizona. For context its mainly retirement communities around 2 hours either way from Las Vegas and Phoenix. I'd never heard of it myself but my friend and his family have at least a dozen rental properties out there. You can buy a property there for around 200-300 thousand and rent for around 2000. So seems like a decent play for cash flow but not much for appreciation. Has anyone heard about Kingman?
I have a client from CA that I buy properties for in the Kingman AZ to Laughlin NV corridor and yeah. It's bit of a specialty approach. The thing to know is that there are a lot of seasonal owners so, many properties that look "vacant" are actually held by out of staters from MN WI and IL. They seem to like the dry of the desert rather than the moist of So TX, and FL. Once you know the market, it's a nice gig.
Post: Is Subto legal?
- Investor
- San Antonio, Dallas
- Posts 202
- Votes 104
Quote from @Kevin Sobilo:
Quote from @Ken M.:
Quote from @Kevin Sobilo:
Quote from @Ken M.:
Quote from @Kevin Sobilo:
Quote from @Jay Hinrichs:
Quote from @Tom Gimer:
Quote from @Jay Hinrichs:
Quote from @Eyal Goren:
Quote from @Mitch Messer:
Quote from @Eyal Goren:
I read that every mortgage has a Due on Sale clause, which means you have to notify the lender when you sale the property and pay the entirety of the loan when you sell the property.
How do people work with the clause and make these kinds of deals?
First, let's be very clear here.
The mortgage your speaking of is a private agreement between the seller and the lender. The "due on sale" clause (DoSC) obligates the seller to notify the lender if the property is sold.
Failing to do so would place the seller in violation of this agreement, giving the lender the right to accelerate the loan.
But no laws are being broken here.
So, subto is neither legal nor illegal.
Second, it only works because most lenders are more interested in receiving payments than in invoking the DoSC clause and foreclosing on the property.
But, it can work, provided seller and buyer are both on board and the proper process is followed.
Thanks for the clarification. What happens if the lender does accelerate the loan? I guess the seller would like to address that in the agreement.
If you dont pay the loan off it goes to foreclosure and the original owner gets their fico CRUSHED. its highly risky for most mom and pops to sell on sub to.. and its simply not a way for those without substantial wherewithal to buy property and keep the seller safe.. Lots of absolute nightmares come out of sub to when folks get into title but dont have the money to pay the loan off or the ability to refi.
Long term hold, with buyer planning on carrying existing financing to term without the ability to quickly cure default — terrible strategy with huge risk for both parties.
Exactly Tom all of my sub to over the years have been deals were we got the assets for far below market did rehab and resold generally within 9 to 12 months we never bought them to keep as rentals. Its a very poor situation for the original owner to be on the mortgage for years and years without the benefits of ownership and the control.
Why do you say its bad for the original owner long term? I would think in most situations the original owner is in financial trouble, probably delinquent on their mortgage and facing foreclosure. So, selling sub-to, the mortgage is brought current and timely payments are made by the new owner helping the original owner's credit CONSIDERABLY!
Also, I believe I saw somewhere that the mortgage won't count against the original owners DTI after a period of time if they show someone else is paying the mortgage. So, they could potentially buy another house later on.
I do agree the lack of control is a potential issue.
.
People recover over time and they want their name off of the loan.
They have no way to force removal, other than to pay off the loan on a home they no longer own.
So they contact the lender and tell the lender they no longer own the property and want to be removed. The lender at that point can exercise the Due On Sale and it becomes a problem for the subto buyer, who now has to find new financing or lose the house to foreclosure. This destroys the credit of the original owner who can then sue the subto buyer.
Another issue is if the subto seller claims they were taken advantage of by the subto buyer at a vulnerable time (pre-foreclosure) and an attorney or regulator raises the question of equity skimming. Bank related issues can be prosecuted for 10 years. Serious punishments.
With all of that, Subject To is legal. Just make sure you do it the legal way. Driving a car is legal, as long as you follow the rules. It's the same idea.
People can do all sorts of dumb things. If the loan is being paid the seller/previous owner has no reason to want off of the loan. They can qualify for a new mortgage and show they are not the ones paying on the old loan so that the payment doesn't affect their DTI.
I don't think the typical sub-to deal would lead to equity skimming because they are likely close to foreclosure and there isn't enough time to rent the unit back out and make money allowing the unit to go to foreclosure.
If the new owner pays on the loan its not "equity skimming" from what I understand of it.
You are correct there certainly are ways for things to be done badly or illegally, but these are BAD MESSY situations before a sub-to deal would even be considered. Its like a short-sale, its better than a foreclosure but has downsides as well.
If you believe that is true, please cite a source. You simply saying something is so, adds nothing to a discussion. All it ends up being is one person saying "Is not!" and the other one saying "Is too!" over and over.
.
Your paper is due friday by noon. This paper constitutes 50% of your grade. Use FRCP 26 to construct your argument and give citations where appropriate. State your legal theory if you choose to take an adversarial position. I'll be available in my office from 9:00am to 3:00pm for the next 3 days
1. https://app.leg.wa.gov/rcw/default.aspx?cite=61.34.020
2. https://leppardlaw.com/criminal-law/fraud/equity-skimming/
3. https://le.utah.gov/xcode/Title76/Chapter6/76-6-S522.html
5. https://www.abajournal.com/news/article/4_new_york_lawyers_indicted_in_alleged_1.4m_equity-stripping_scam
6. 4 New York Lawyers Indicted in Alleged $1.4M Equity-Stripping Scam
7. https://archives.fbi.gov/archives/boston/press-releases/2011/walter-bressler-enters-guilty-plea-in-mortgage-fraud-equity-stripping-scheme
Walter Bressler Enters Guilty Plea in Mortgage Fraud/Equity Stripping Scheme
8. https://scholarship.law.umn.edu/cgi/viewcontent.cgi?article=1279&context=faculty_articles
Foreclosur eclosure Equity Stripping: Legal Theories and Str quity Stripping: Legal Theories and Strategies t ategies to Attack a Growing Problem
9. https://www.legalmatch.com/law-library/article/equity-stripping-lawsuits.html
What Is Equity Stripping?
Equity stripping, or equity skimming, is a type of real estate fraud scheme. It typically involves a person gaining access to remaining equity in a home that is subject to foreclosure.
10. https://www.legalmatch.com/law-library/article/equity-stripping-lawsuits.html
Acquisition: The rescue artist convinces the homeowner to transfer the title to their house to them as a way to avoid foreclosure. In some cases, the rescue artist may have the homeowner live in the home as a tenant and pay rent to the rescue artist. In the long run, the rescue artist makes off with the remaining equity that was still left in the home.
11. https://www.patrickburnslaw.com/articles/defining-predatory-lending-and-equity-stripping-in-minnesota/
Defining Predatory Lending and Equity Stripping in Minnesota
12. Federal Protections
Federal protections against predatory lending begin with a veritable alphabet soup of legislation, including TILA, HOEPA and RESPA.
13. https://www.lexology.com/library/detail.aspx?g=f361b502-32ed-425c-ac38-fa2a05653449
7th Cir. Rejects County’s Allegations That Lenders Engaged in ‘Integrated Equity-Stripping Scheme’
Equity stripping scams were particularly prevalent in the early 2000s. Under this scam, a homeowner facing foreclosure is approached by someone who promises to help save the person’s home. This person may actually be a licensed lawyer or a real estate professional. The trusting homeowner would deed the house over to the other person, and that person would sell it back in a contract for deed or would set up a rental, claiming that this is just until the original homeowner gets back on their feet financially.
15. https://efraudprevention.net/embed/cody/Equity-stripping_scams.html
Equity-stripping scams
Equity stripping is a type of fraud in which a scammer targets individuals who own a valuable asset, such as a home, and convinces them to take out a loan using the asset as collateral. The scammer may promise to help the victim get out of debt or improve their financial situation, but in reality, they have no intention of helping the victim and are only interested in taking ownership of the asset.
Once the victim takes out the loan, the scammer may siphon off the funds or use them for their own purposes, leaving the victim with a large debt and no asset to show for it. In some cases, the scammer may also charge exorbitant fees or interest rates, making it nearly impossible for the victim to repay the loan and keep their asset.
16.
U.S. Attorney’s OfficeMay 13, 2011 |
|
CONCORD, NH—Former Nashua resident Walter Bressler, 42, of Frisco, Texas, pleaded guilty in U.S. District Court to operating a mortgage fraud and equity stripping scheme involving numerous New Hampshire properties. At a hearing before Senior U.S. District Judge Joseph DiClerico, Bressler admitted to violating the federal mail fraud statute in connection with the scheme.
Post: How do closing agents fund private money deals?
- Investor
- San Antonio, Dallas
- Posts 202
- Votes 104
Quote from @Brett Synicky:
Quote from @Otis Clayton:
In my search for private money , I have heard there people use SDIRAs to fund real estate investments and be in the first position.
I wanted to know what are the pros and cons of using SDIRAs for fund Real estate?
If you’re just looking for money to fund deals and you’re thinking the source could be IRA money then it shouldn’t make too much a difference to you whether the investor uses their personal funds or IRA funds. Only caution is if they don’t have checkbook control and there’s a time crunch going through the custodian can cause delays and red tape to deal with.
Post: Why do people Buy Property in California
- Investor
- San Antonio, Dallas
- Posts 202
- Votes 104
Quote from @Henry Clark:
OP to your original question.
Take LA and SF out of California. California is great. I have only lived there for 4 months. I have visited SF, SD, LA. Driven the coastal highway from SD to SF.
LA I didn't like because it's just a huge metro area. The only thing I didn't really like is the traffic in LA. But you learn to live near your work or work around the traffic.
But then again, I liked along Calabasas parkway, Venice beach. It's been a while; I didn't like the smog. You have to get within a mile of the beach before you saw all of the sunshine people talked about. That might be gone by now.
SF I loved. Yep, the street people aren't inviting. But the whole town was a lot of fun.
Since BP is a Real Estate forum, yes, the rental laws/issues are terrible.
As a REI strategy, you will always have a combination of either Appreciation or Cash flow. California is more of an Appreciation market. Along with that comes the taxes and people issues. We do Self Storage. We will always make more money where the taxes are higher. Would love to do Self Storage in California. I have analyzed the market before and found sites or business models both in LA and SF for other people.
As far as the political or social environment. People deserve what they get when they vote. So, for them, they like the situation there. The rest of us can choose to live and invest elsewhere.
We live in Iowa. I grew up in Louisiana. Worked in Texas, Missouri and Michigan. I doubt many people would love to live in Iowa or Louisiana, but I do. REI we have been doing great in Iowa/Nebraska. Helped my brother in Texas. It's a better market down there, but we will always do better in our 40 mile radius we stick to.
You're in the Ohio area. I wouldn't want to invest there. Main reason is those towns aren't in our 40-mile radius. Our Team (bankers, contractors, excavators, attorneys, surveyors, electricians) aren't there. We will always make more money and with less risk in our home territory, whether it is good or bad per other people's views.
Sidenote on the LA fires. Talked with my brother this morning. He was in charge one year for the military NAcom joint command fire efforts for San Diego up to the bottom of LA. Asked him about the current situation. His primary focus was to protect all military bases in that region. But by federal or Presidential directive his resources were used to manage fires all the way up to Oregon/Washington.
He said the 2007 fires in San Diego were far larger than the current LA fires. Just less Movie Stars. At the time Governor Schwarzenegger contacted President Bush to make the San Diego fires a national Disaster area. There were 5 fires at that time. Just for one of the fires they immediately mobilized 20,000 troops for door to door fire and rescue efforts. Had over 20 pump trucks, over xx Helicopters and over 40 C17 style water aircraft in play.
They also helped the Oregon and Washington forest fires. They had the 40 Aircraft getting water from lakes and Oceans. They couldn't put a dent into it. That is without the Santa Ana winds.
They did make a recommendation to LA to install large dams or holding tanks for sea water high in the hills and pump from the ocean. The gravity pressure would have operated the system. But LA did not want to do that. Also using water tank trucks to get water from the ocean and driving back and forth would not be a viable solution.
As far as running out of water. The normal water tower and hydrant system would never work for this type of fire. Think of all of the water sprinkler systems in commercial buildings. They would have been activated also, plus kept using water even as the buildings were burnt down. Along with the fire trucks, the water system was not capable of handling such a situation.
With the above said. So, what. These events can be seen ahead. Example: California has been in a drought forever. But they just had floods.
A. Floods lead to heavy vegetation growth.
B. Heavy vegetation growth leads to large fires.
C. Large fires lead to large mud slides. Next news for LA will be massive mud slides.
As far as not having enough water. California actually has the largest lake in the country except for the Great Lakes. Tulare lake comes and goes as it is used for agriculture ground and is pumped out or diverted. It reappeared just last year. They had tons of water to store. It's a matter of choice and actions.
We have two properties. Since owning them, we have installed features to store over 5,000,000 gallons of water in the soil that did not exist before. That is just one family. California's topography allows for far more water storage than where we live.
In my mind, the serious problems aren't really L.A., San Francisco and Oakland. The problems lie in Sacramento.
Post: Is Subto legal?
- Investor
- San Antonio, Dallas
- Posts 202
- Votes 104
Quote from @Kevin Sobilo:
Quote from @Ken M.:
Quote from @Kevin Sobilo:
Quote from @Jay Hinrichs:
Quote from @Tom Gimer:
Quote from @Jay Hinrichs:
Quote from @Eyal Goren:
Quote from @Mitch Messer:
Quote from @Eyal Goren:
I read that every mortgage has a Due on Sale clause, which means you have to notify the lender when you sale the property and pay the entirety of the loan when you sell the property.
How do people work with the clause and make these kinds of deals?
First, let's be very clear here.
The mortgage your speaking of is a private agreement between the seller and the lender. The "due on sale" clause (DoSC) obligates the seller to notify the lender if the property is sold.
Failing to do so would place the seller in violation of this agreement, giving the lender the right to accelerate the loan.
But no laws are being broken here.
So, subto is neither legal nor illegal.
Second, it only works because most lenders are more interested in receiving payments than in invoking the DoSC clause and foreclosing on the property.
But, it can work, provided seller and buyer are both on board and the proper process is followed.
Thanks for the clarification. What happens if the lender does accelerate the loan? I guess the seller would like to address that in the agreement.
If you dont pay the loan off it goes to foreclosure and the original owner gets their fico CRUSHED. its highly risky for most mom and pops to sell on sub to.. and its simply not a way for those without substantial wherewithal to buy property and keep the seller safe.. Lots of absolute nightmares come out of sub to when folks get into title but dont have the money to pay the loan off or the ability to refi.
Long term hold, with buyer planning on carrying existing financing to term without the ability to quickly cure default — terrible strategy with huge risk for both parties.
Exactly Tom all of my sub to over the years have been deals were we got the assets for far below market did rehab and resold generally within 9 to 12 months we never bought them to keep as rentals. Its a very poor situation for the original owner to be on the mortgage for years and years without the benefits of ownership and the control.
Why do you say its bad for the original owner long term? I would think in most situations the original owner is in financial trouble, probably delinquent on their mortgage and facing foreclosure. So, selling sub-to, the mortgage is brought current and timely payments are made by the new owner helping the original owner's credit CONSIDERABLY!
Also, I believe I saw somewhere that the mortgage won't count against the original owners DTI after a period of time if they show someone else is paying the mortgage. So, they could potentially buy another house later on.
I do agree the lack of control is a potential issue.
.
People recover over time and they want their name off of the loan.
They have no way to force removal, other than to pay off the loan on a home they no longer own.
So they contact the lender and tell the lender they no longer own the property and want to be removed. The lender at that point can exercise the Due On Sale and it becomes a problem for the subto buyer, who now has to find new financing or lose the house to foreclosure. This destroys the credit of the original owner who can then sue the subto buyer.
Another issue is if the subto seller claims they were taken advantage of by the subto buyer at a vulnerable time (pre-foreclosure) and an attorney or regulator raises the question of equity skimming. Bank related issues can be prosecuted for 10 years. Serious punishments.
With all of that, Subject To is legal. Just make sure you do it the legal way. Driving a car is legal, as long as you follow the rules. It's the same idea.
People can do all sorts of dumb things. If the loan is being paid the seller/previous owner has no reason to want off of the loan. They can qualify for a new mortgage and show they are not the ones paying on the old loan so that the payment doesn't affect their DTI.
I don't think the typical sub-to deal would lead to equity skimming because they are likely close to foreclosure and there isn't enough time to rent the unit back out and make money allowing the unit to go to foreclosure.
If the new owner pays on the loan its not "equity skimming" from what I understand of it.
You are correct there certainly are ways for things to be done badly or illegally, but these are BAD MESSY situations before a sub-to deal would even be considered. Its like a short-sale, its better than a foreclosure but has downsides as well.
Post: Is Subto legal?
- Investor
- San Antonio, Dallas
- Posts 202
- Votes 104
Quote from @Doug Smith:
Technically, Sub-To is legal, but the way some "gurus" teach it, I have problems with it. The Due On Sale clause was added I think in the 1980s because of "sub-to" deals. Sub-to has been around for a very long time. In many cases, it weakens the lender's position as they did not underwrite the buyer and an owner-occupant tends to pay better than non-owner-occupants. Some gurus tell practicioners of sub-to to hide transaction from the lender by saying the lender doesn't care as long as the payments are being made. That's simply not true. For instance, I served as an expert witness in a case where a property was transferred to a new owner sub-to. The new owner did not make the mortgage payments and the seller had no idea until they were served foreclosure paperwork. The seller had a military contractor job with security clearance. The trashing of his credit threatened his job. Most seller's in a sub-to don't understand the risk they are taking and most lenders have concerns over the overall portfolio quality ratings which has an impact on their cost of funds. Sub to us a bigger deal than most people realize. It's not illegal provided you're dislosing it to all parties and not trying to actively hid it. Now, getting around the Due on Sale might be as easy as doing a Contract for Deed or a Purchase Option instead of Sub-to. In those instances, the title doesn't change hands, thus, the Due on Sale isn't triggered. I hope that helps. Good luck in your investment journey.
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@Doug Smith: What you are describing is an illegal scheme called "equity skimming" which is investigated by the Financial Crimes unit of the FBI with very serious punishments. That is the illegal part.
Due on Sale though, is a civil matter, that the lender has the option to enforce or not. There is nothing illegal about Subto when it is done legally, as you infer.
Actually, Due on Sale is a result of banks calling loans due back in the 70's and 80's, simply because interest rates had increased and other spurious events like that. People thought that was unfair, congress agreed and wrote and passed the "Garn-St Germain Act", which defines when it is permissible to call a note due and when it is not. Banks must follow the law. The law does not mandate that banks have to exercise their right to Due on Sale.
"Garn-St Germain Act"
Garn-St Germain Depository Institutions Act of 1982
12 U.S. Code § 1701j–3 - Preemption of due-on-sale prohibitions
(1)the term “due-on-sale clause” means a contract provision which authorizes a lender, at its option, to declare due and payable sums secured by the lender’s security instrument if all or any part of the property, or an interest therein, securing the real property loan is sold or transferred without the lender’s prior written consent;
Post: L.A county California fires
- Investor
- San Antonio, Dallas
- Posts 202
- Votes 104
Quote from @Becca F.:
Quote from @Bruce Woodruff:
Quote from @Matthew Paul:
Just saw the news , over 1000 structures destroyed and possibly 28,000 in danger .
12,000 destroyed as of this am. 16 Dead. So sad......
This very tragic and sad. As of 2 hours ago (1:00pm PST), there were a total of 7 fires:
Pacific Palisades: over 27,000 acres burned, contained 11%
Eaton Fire: over 14,000 acres burned, above Altadena, 27% contained
Hurst Fire: 800 acres, San Fernando Valley, 89% contained
These fires are contained:
Lidia Fire: in Antelope Valley north of LA
Kenneth Fire: west San Fernando Valley, they suspect this one to be arson, suspect arrested (saw on one news report)
Sunset Fire: Runyon Canyon near Hollywood Hills
Woodley Fire: in Sepulveda Basin and San Fernando Valley
Post: Why do people Buy Property in California
- Investor
- San Antonio, Dallas
- Posts 202
- Votes 104
Quote from @Jim K.:
Quote from @Ken M.:
Quote from @Jim K.:
Quote from @Ken M.:
I took the average $4,000,000 house in Pacific Palisades CA and it shows a monthly tax payment of $4,167 for a total of $50,004 a year. (That would buy two houses in Ohio). :-)
Now, the average length of ownership is 7 years (for normal people) a longer time if you have no where else to go "UP". After 10, years they have paid $500,040 in just property taxes.
And the city "forgets" to turn on the water to the hydrants?, during fire season?
Can somebody please explain how investing in the area makes sense?
I am not smart enough to figure this one out.
Somebody mentioned they have access to the ocean. Well at 6 trips a year, that's $8,334 a trip. I can fly to Greece and enjoy the ocean there for less. And eat great food.
The Homeless are at the beach all day long - everyday, and don't have to pay property taxes. In fact, lunch is delivered to them.
"Oh, but we have easy access from Pacific Palisades", and the accompanying statement "yes, now we also have to hurdle over our neighbor's smoldering ruins to get there, but we still get to go to the beach."
Does nobody else see the irony, malfeasance?
So do you understand, read, speak, and write Greek? Have you ever worked on Greece? Dealt with Greek institutions, business practices, and customs? What do you know about homelessness as an institution in Greece? When the bus stops in traffic and the driver announces, <>, can you plug that right into Google Translate and get a good answer to what that means?
Sure, Greece has its moments, but spend a few years there and you might feel it's not quite the Valley of Shangri-La.
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Nah was just talking about visiting, not living. Long live Baklava.
Ο Ιησούς Χριστός είναι ο αληθινός και ζωντανός Θεός. Η αγάπη Του σε σώζει από τον χωρισμό από Αυτόν, αν θα επιστρέψεις την αγάπη.
Wow. I feel so saved by the Precious Blood.