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All Forum Posts by: Ken M.

Ken M. has started 7 posts and replied 200 times.

Post: Rent out house and bleed for a while or sell it and hemorrhage once?

Ken M.#1 Creative Real Estate Financing ContributorPosted
  • Investor
  • San Antonio, Dallas
  • Posts 202
  • Votes 104
Quote from @Ryan Mcpherson:

Moved to Austin for work and purchased a home in 2021 with just under 4% interest rate. Due to circumstances at the time I was able to put 0% down without PMI. Fast forwards to 2025 and I need to move again for work. Since purchasing the home, housing market in my area has declined about 20%. This puts the home underwater.

I've calculated the following two options:

  1. To sell the house, it would cost me about $60,000
    out of pocket.
  2. To rent the home, I would lose about $2,500 per month (based on comparable rents in my area, property management fees, etc).

Both options loose the same amount by roughly 2 years, and by this time, I still will not have built up much more equity in the home to make selling it a break even unless there is price appreciation by then.

My dilemma is this: I speculate that my home will not appreciate much in the next 3-5 years due to the rapid pace of development in the surrounding area.

In 5-10+ years, maybe, but by then I'll have bled $150,000 - $300,000.

I have thought about this a lot and feel that I mar'-too close to the problem to see the best solution.

Any constructive advice would be much appreciated.

There is a knowledgeable real estate attorney in your area commenting in this thread. Hire him for an hour or two and follow the advice. Don't go to someone on Youtube that isn't an attorney for this one. You have to know/think about the consequences downline, long after you "solve" this dilemma.

Post: Would You Pay an 18% Premium for Seller Financing at 2%?

Ken M.#1 Creative Real Estate Financing ContributorPosted
  • Investor
  • San Antonio, Dallas
  • Posts 202
  • Votes 104
Quote from @Tayvion Payton:

Hey everyone,

I'm evaluating a multi-family deal and could really use your insight. The seller is offering seller financing at 2% interest with a 9-year balloon. On the surface, the deal seems appealing, but there's a catch: the asking price is $475,000, which is about 18% over the market value (based on comps and DealCheck estimates around $402,000).

Details of the Deal

  • Property: Duplex, 2,400 sq. ft.,
  • Purchase Price: $475,000 ($197.9/sq. ft.).
  • Estimated Market Value: $402,000 ($168/sq. ft.).
  • Financing Terms: 2% interest rate, with a 9-year balloon.
  • Unit B Income: $2,049/month (Section 8 tenant through November 2025).
  • Unit A Income Potential: Similar rent or higher; Section 8 cap for the area is $3,234/month.
  • Monthly Loan Payment (P+I): $1,386.
  • Cash Flow Breakdown (if both units are rented at $2,049/month):
    • Gross Rent: $4,098/month.
    • Vacancy (10%): $410/month.
    • Operating Expenses (37.3%): $1,376/month.
    • Net Cash Flow: $943/month.

Key Questions

  1. Would you be comfortable paying an 18% premium for financing at 2%, especially in a market where current mortgage rates are closer to 7%?
  2. How much weight do you give to the cash flow benefit of cheap debt when the property is priced above market?
  3. Would the 9-year balloon concern you, knowing you'd need to refinance or pay off the balance at potentially higher market rates in the future?

I like the cash flow and see the potential for increasing rents, but I’m hesitant about overpaying. I’m considering countering with a price closer to the market value, but I’m curious how others approach deals like this.

Looking forward to hearing your thoughts! Would you jump on this, or is the premium too steep?

Thanks in advance for your input!

How does it compare to other options available to you? Appreciation, maintenance, neighborhood, eviction rate, proximity, condition, etc. How long will you hold the property?

Post: Due On Sale Being Called!!

Ken M.#1 Creative Real Estate Financing ContributorPosted
  • Investor
  • San Antonio, Dallas
  • Posts 202
  • Votes 104
Quote from @T. Alan Ceshker:
Quote from @Ken M.:
Quote from @T. Alan Ceshker:
Quote from @Account Closed:

I did a loan assumption that is currently a GIANT pain in the ***. I’m here to share my story for whatever that’s worth.

Over a year ago I did a wrap around mortgage on a place here in Phoenix at 3.5% over 27 years. Everything was smooth until it wasn’t. 6 months into it the tenant called and the toilet had failed in an upstairs bathroom. The house was flooded to the tune of $70,000 in repairs. 

No big deal, I worked with insurance and contractors to get the repairs done. Six months later my insurance dropped me and here is where it gets sticky. I got a new insurance policy at a higher rate. I let the original borrower know they needed to update the lender on the new insurance policy. 

The higher insurance premium required a higher escrow payment which the original borrower didn’t let me know.  A few months go by and unbeknownst to me the escrow account had now drawn negative which triggers the lender to no longer apply what’s considered a “partial” payment to them, given that I’m now paying less that what’s due given the escrow increase required but not relayed to me even though I expected it at some point.

Last month I’m on Zillow looking at the value of my properties. One of my properties says it’s going to auction in March because it’s being foreclosed on. My heart rate goes through the roof as I have about $90k in equity in that house. I reach out to the original borrower and ask them what’s going on. They weren’t paying attention to it, and why would they, it’s not their house anymore. 

They send over 3 months of notices from the bank. $10,000 has been collected by the lender and is in an “unapplied” status due to the short payments. They are foreclosing and are not open to discuss it. I call them, they won’t speak to me about the loan at all BECAUSE ITS NOT IN MY NAME. 

I have to sell it, but guess who has to request the payoff amount from the lender….thats right, the ORIGINAL borrower. So I am at the mercy of that person for basically EVERYTHING.

I am still waiting on that payoff amount 9 days later and am up against a clock where they have scheduled the home for sale at auction come March.

Take it all for what it's worth, I've learned plenty of lessons and made my share of mistakes. One thing is for sure, if I ever wrap another mortgage I am getting a POA to access the docs on the original loan so that I am never again at the mercy of that borrower to relay information. If it wasn't the insurance it would have been the property taxes. FFS

THE END. 

Let me know what you would have done differently?!




You are correct re the POA. Actually, to allow access it is an authorization. We use the POA to allow for signing escrow refunds and claim checks.

A couple other notes.  You also need to change all contact information to you - all email, phone, address.  Another thing is the insurance is sent to the bank from your insurance provider and the seller should never be needed as long as the documentation has been completed correctly.

This is why you must vet the law and title office you are closing with to make sure they know how to handle these transactions.  A law degree does not mean you know anything re wraps.

If worse comes to worse, you can stop the foreclosure with legal action - it costs some but you will not lose your equity.

I would not throw the baby out with the bath water re doing wraps and I do hope all works out for you.

Reach out if you need a referral to a good AZ attorney to help

Be careful out there guys

Alan 

Not to be too blunt, but you are handing bullets to a six year old with a gun. He obviously will only get himself into more trouble because he now knows 1% more than he did, but not nearly enough to keep out of trouble. And, in my opinion, more importantly, the lurkers who never comment, now believe they have the "golden key" of information.

As you already know, there is so much more to this, in order to stay out of trouble over the long term. 

He believes he can find all that he needs to know on the internet. Which of course he can. You can find everything you need to know in a grocery store to make 

Pumpkin spice loaf with almond praline dessert, too. But that doesn't mean you know the right ingredients or can assemble it without disaster. And it might not look very tempting when put together.

This part is for anyone reading this who never comments:

My humble advice to anyone attempting to do creative finance is:

Creative finance is for experienced investors who have access to capital if everything goes wrong.

  1. Learn the laws
  2. Don't use a contract "off the internet", laws vary by state and are also regulated on a federal level
  3. Learn the financing techniques correctly
  4. Don’t skip parts of the process
  5. Don’t ever do a “kitchen table” closing
  6. Use the proper deed
  7. An attorney can help you with the legal work, but the rest you are on your own
  8. Your guru will not bail you out
  9. “Investing” in someone else’s deal by providing a small 2nd loan so the “investor” can pay for “cash to the seller” and for “closing costs” so he can do the deal is a very bad plan
  10. Know what problems can arise
  11. Learn the responses and solutions to problems before they are needed
  12. Know everything there is to know about Title and what that means
  13. Know who a "protected class" individual is
  14. Learn the "back doors"
  15. Learn human nature
  16. Understand timelines
  17. Understand regulation enforcement (some of these "mistakes" have a 10 year statue of limitations ( they can charge you 10 years AFTER you do the transaction) and carry hefty fines and possible imprisonment
  18. The court doesn't accept "I didn't know" for an answer"
  19. Know that the source of the lead plays a serious role in some states and federally
  20. Know how much of a "profit" pushes the boundaries to invite an investigation
  21. You can be sued by the seller if you don’t do things correctly
  22. You are automatically at fault if an investigator or attorney or regulator gets involved. You have to prove you did everything right and then because of “empathy” for the poor snook who “fell into you schemes” you may lose anyway.
  23. This is a legally binding transaction that will be treated that way by the law. There are regulations
  24. I could go on, but if you learn this much, and apply it appropriately, you will cut down your sorrows and risk considerably.

And yes, there is much more. You can learn these things over time.

Yes -- Nobody should try this unless all aspects are managed as needed.  I really can say that everything needs to be perfectly handled without any room for error.

However, you do not need to go and study all aspects of Dodd/Frank, Safe Act, Senate Bill 43, the Property Code, the Finance Code, insurance law and all case law regarding wraps.  You can rely on the experts to assist you.  You can also partner with veteran investors and learn.  You just need the knowledge or rely on those with the knowledge - proven knowledge.

Thus, my comment of:  This is why you must vet the law and title office you are closing with to make sure they know how to handle these transactions.  You must also vet the insurance agent, the RMLO, the 3rd party loan servicer - everyone.

A well thought out medium between analysis/knowledge and using experts -- in my opinion -- is the best way to advance.

Stay safe

Alan

.

Yes, use an attorney for contracts & closing. Always. A good attorney will even warn you if you are doing something illegal.

As you can see from the list, a wannabe or "self taught" or poorly trained by videos or in a "community", does not provide the breadth of knowledge & experience to keep people out of trouble.  (Just my humble opinion)

Someone on Youtube who claims to be someone important, and has a "community", just said in a video, he is doing "kitchen table closings" since it's "convenient and he knows what he is doing. That becomes a "he said, she said" in court and I'd bet most judges would side with the plaintiff. ;-)

Post: Creative Financing and Some Things To Know

Ken M.#1 Creative Real Estate Financing ContributorPosted
  • Investor
  • San Antonio, Dallas
  • Posts 202
  • Votes 104

Someone asked for more detail on Creative Finance. I always look at the exit strategy for the property to determine which kind of Creative Finance I would use. Sometimes I actually walk away from the deal - Not All Creative Financing Deals Make Sense. 

I use a spreadsheet I developed to determine my entry costs, carrying costs, cash flow, tax write offs, appreciation and exit costs. I can tell in five minutes if it's a deal or not. Don't waste a lot of time analyzing. Make offers, then when someone says they will consider Creative Finance, that's when you make the suggestion. But, know what you want to accomplish beforehand.

Creative Finance is a great way to buy properties when done properly and lawfully. 

Some types of Creative Financing include: Seller/Owner Financing, Land Contract, Wrap, Assumption, Subto, Lease Option, Contract for Deed. There are a couple of others less commonly used. 

My humble advice to anyone attempting to do creative finance is:

Creative finance is for experienced investors who have access to capital if anything goes wrong.

  1. Learn the laws
  2. Don't use a contract "off the internet", laws vary by state and are also regulated on a federal level
  3. Learn the financing techniques correctly
  4. Don’t skip parts of the process
  5. Don’t ever do a “kitchen table” closing
  6. Use the proper deed
  7. An attorney can help you with the legal work, but the rest you are on your own
  8. Your guru will not bail you out
  9. “Investing” in someone else’s deal by providing a small 2nd loan so the “investor” can pay for “cash to the seller” and for “closing costs” so he can do the deal is a very bad plan
  10. Know what problems can arise
  11. Learn the responses and solutions to problems before they are needed
  12. Know everything there is to know about Title and what that means
  13. Know who a "protected class" individual is
  14. Learn the "back doors"
  15. Learn human nature
  16. Understand timelines
  17. Understand regulation enforcement (some of these "mistakes" have a 10 year statue of limitations ( they can charge you 10 years AFTER you do the transaction) and carry hefty fines and possible imprisonment
  18. The court doesn't accept "I didn't know" for an answer"
  19. Know that the source of the lead plays a serious role in some states and federally
  20. Know how much of a "profit" pushes the boundaries to invite an investigation
  21. You can be sued by the seller if you don’t do things correctly
  22. You are automatically at fault if an investigator or attorney or regulator gets involved. You have to prove you did everything right and then because of “empathy” for the poor snook who “fell into you schemes” you may lose anyway.
  23. This is a legally binding transaction that will be treated that way by the law. There are regulations
  24. I could go on, but if you learn this much, and apply it appropriately, you will cut down your sorrows and risk, considerably.

And yes, there is much more. You can learn these things over time.

Post: Due On Sale Being Called!!

Ken M.#1 Creative Real Estate Financing ContributorPosted
  • Investor
  • San Antonio, Dallas
  • Posts 202
  • Votes 104
Quote from @T. Alan Ceshker:
Quote from @Account Closed:

I did a loan assumption that is currently a GIANT pain in the ***. I’m here to share my story for whatever that’s worth.

Over a year ago I did a wrap around mortgage on a place here in Phoenix at 3.5% over 27 years. Everything was smooth until it wasn’t. 6 months into it the tenant called and the toilet had failed in an upstairs bathroom. The house was flooded to the tune of $70,000 in repairs. 

No big deal, I worked with insurance and contractors to get the repairs done. Six months later my insurance dropped me and here is where it gets sticky. I got a new insurance policy at a higher rate. I let the original borrower know they needed to update the lender on the new insurance policy. 

The higher insurance premium required a higher escrow payment which the original borrower didn’t let me know.  A few months go by and unbeknownst to me the escrow account had now drawn negative which triggers the lender to no longer apply what’s considered a “partial” payment to them, given that I’m now paying less that what’s due given the escrow increase required but not relayed to me even though I expected it at some point.

Last month I’m on Zillow looking at the value of my properties. One of my properties says it’s going to auction in March because it’s being foreclosed on. My heart rate goes through the roof as I have about $90k in equity in that house. I reach out to the original borrower and ask them what’s going on. They weren’t paying attention to it, and why would they, it’s not their house anymore. 

They send over 3 months of notices from the bank. $10,000 has been collected by the lender and is in an “unapplied” status due to the short payments. They are foreclosing and are not open to discuss it. I call them, they won’t speak to me about the loan at all BECAUSE ITS NOT IN MY NAME. 

I have to sell it, but guess who has to request the payoff amount from the lender….thats right, the ORIGINAL borrower. So I am at the mercy of that person for basically EVERYTHING.

I am still waiting on that payoff amount 9 days later and am up against a clock where they have scheduled the home for sale at auction come March.

Take it all for what it's worth, I've learned plenty of lessons and made my share of mistakes. One thing is for sure, if I ever wrap another mortgage I am getting a POA to access the docs on the original loan so that I am never again at the mercy of that borrower to relay information. If it wasn't the insurance it would have been the property taxes. FFS

THE END. 

Let me know what you would have done differently?!




You are correct re the POA. Actually, to allow access it is an authorization. We use the POA to allow for signing escrow refunds and claim checks.

A couple other notes.  You also need to change all contact information to you - all email, phone, address.  Another thing is the insurance is sent to the bank from your insurance provider and the seller should never be needed as long as the documentation has been completed correctly.

This is why you must vet the law and title office you are closing with to make sure they know how to handle these transactions.  A law degree does not mean you know anything re wraps.

If worse comes to worse, you can stop the foreclosure with legal action - it costs some but you will not lose your equity.

I would not throw the baby out with the bath water re doing wraps and I do hope all works out for you.

Reach out if you need a referral to a good AZ attorney to help

Be careful out there guys

Alan 

Not to be too blunt, but you are handing bullets to a six year old with a gun. He obviously will only get himself into more trouble because he now knows 1% more than he did, but not nearly enough to keep out of trouble. And, in my opinion, more importantly, the lurkers who never comment, now believe they have the "golden key" of information.

As you already know, there is so much more to this, in order to stay out of trouble over the long term. 

He believes he can find all that he needs to know on the internet. Which of course he can. You can find everything you need to know in a grocery store to make 

Pumpkin spice loaf with almond praline dessert, too. But that doesn't mean you know the right ingredients or can assemble it without disaster. And it might not look very tempting when put together.

This part is for anyone reading this who never comments:

My humble advice to anyone attempting to do creative finance is:

Creative finance is for experienced investors who have access to capital if everything goes wrong.

  1. Learn the laws
  2. Don't use a contract "off the internet", laws vary by state and are also regulated on a federal level
  3. Learn the financing techniques correctly
  4. Don’t skip parts of the process
  5. Don’t ever do a “kitchen table” closing
  6. Use the proper deed
  7. An attorney can help you with the legal work, but the rest you are on your own
  8. Your guru will not bail you out
  9. “Investing” in someone else’s deal by providing a small 2nd loan so the “investor” can pay for “cash to the seller” and for “closing costs” so he can do the deal is a very bad plan
  10. Know what problems can arise
  11. Learn the responses and solutions to problems before they are needed
  12. Know everything there is to know about Title and what that means
  13. Know who a "protected class" individual is
  14. Learn the "back doors"
  15. Learn human nature
  16. Understand timelines
  17. Understand regulation enforcement (some of these "mistakes" have a 10 year statue of limitations ( they can charge you 10 years AFTER you do the transaction) and carry hefty fines and possible imprisonment
  18. The court doesn't accept "I didn't know" for an answer"
  19. Know that the source of the lead plays a serious role in some states and federally
  20. Know how much of a "profit" pushes the boundaries to invite an investigation
  21. You can be sued by the seller if you don’t do things correctly
  22. You are automatically at fault if an investigator or attorney or regulator gets involved. You have to prove you did everything right and then because of “empathy” for the poor snook who “fell into you schemes” you may lose anyway.
  23. This is a legally binding transaction that will be treated that way by the law. There are regulations
  24. I could go on, but if you learn this much, and apply it appropriately, you will cut down your sorrows and risk, considerably.

And yes, there is much more. You can learn these things over time.

Post: Nextgen Properties in Maricopa county

Ken M.#1 Creative Real Estate Financing ContributorPosted
  • Investor
  • San Antonio, Dallas
  • Posts 202
  • Votes 104
Quote from @Nithin Kumar:

@Katie Southard This is the floor plan. there is another but that does not have a separate car garage and has private entrance only from the side.

Nice layout. It would work well for generational living. Grandma & Grandpa could have their wheelchairs handy to get down the hall to see the grandkids. Flat, single story, no sunken rooms. Kind of reminds me of the old ranch style, with a bit more privacy and access.

Post: Due On Sale Being Called!!

Ken M.#1 Creative Real Estate Financing ContributorPosted
  • Investor
  • San Antonio, Dallas
  • Posts 202
  • Votes 104
Quote from @V.G Jason:
Quote from @Ken M.:
Quote from @Chris Seveney:
Quote from @V.G Jason:
Quote from @Steve K.:

I would never give the party on the opposite end of the transaction POA over the property, or my social, DOB etc. Who would do that?

People doing crazy stuff lately.

I hate to say it but it's starting to feel a bit like 2007, with sub2 being the new subprime mortgage...

It's too small of a percentage of loans for that to be where the bottom falls out. And yes that poster has a trail of his own. @Russell Brazil He closed his account, cause he needs to eat a lot of crow. 


 who was it?

I would have thought as a mod, you'd have access to that information. ?
Maybe he was actually made a "non-person". ;-)

 Clearly, he doesn't cause you're the same subto guy that's been peddling the forum for the last couple of years. "Teaching" people how to do subto for $1500/mo or something like that. Perhaps longer time you've been here, I do not know. Removed and come back, or of the sort.



@Chris Seveney Poster's name was Whit B.

.
@V.G Jason You know what, there is only one guy in America that teaches physics, there is only one guy in America that is an auto mechanic and there is only one guy in America that understands Creative Financing and warns people about it. So, clearly I'm that one guy. ;-)  Not.

I bet you are a whale of fun at funerals.

You need to get some perspective buddy, unless you are trying to hide something. In my little part of the world, we call that "blame shifting". When someone becomes obsessed with something they need to hide by falsely pointing at others. I don't even know if I'd like the guy.

So, tells us, what is it that this phantom person did to cause you such delusionary behaviour?

Post: Due On Sale Being Called!!

Ken M.#1 Creative Real Estate Financing ContributorPosted
  • Investor
  • San Antonio, Dallas
  • Posts 202
  • Votes 104
Quote from @Dan Deppen:

I could be misunderstanding how this deal was structured, but wouldn't the seller who is on the underlying mortgage have an incentive not to let it go into foreclosure since their credit is at stake?

.
In a Wrap, Subject To, etc the ownership has changed. The seller no longer owns the property. He would be paying off a loan on a property he no  longer owns. Most sellers probably would not have sold on creative financing if they had a way to get rid of the mortgage when they sold.

So, pay off $200,000 (or whatever) on a property you no longer own to save your credit? Not likely, even if you could. 

Now, if the seller was free & clear (no mortgage) when he sold, the seller could enact whatever remedy was provided for in the Deed of Trust, if he was savvy enough to even do a Deed of Trust. He could foreclose and recover the property. 

But, the OP states it was a Wrap, so there must have been an existing mortgage.

Post: Due On Sale Being Called!!

Ken M.#1 Creative Real Estate Financing ContributorPosted
  • Investor
  • San Antonio, Dallas
  • Posts 202
  • Votes 104
Quote from @Chris Seveney:
Quote from @V.G Jason:
Quote from @Steve K.:

I would never give the party on the opposite end of the transaction POA over the property, or my social, DOB etc. Who would do that?

People doing crazy stuff lately.

I hate to say it but it's starting to feel a bit like 2007, with sub2 being the new subprime mortgage...

It's too small of a percentage of loans for that to be where the bottom falls out. And yes that poster has a trail of his own. @Russell Brazil He closed his account, cause he needs to eat a lot of crow. 


 who was it?

I would have thought as a mod, you'd have access to that information. ?
Maybe he was actually made a "non-person". ;-)

Post: What Is The Best Way to Start Flipping Houses and Raise Capital?

Ken M.#1 Creative Real Estate Financing ContributorPosted
  • Investor
  • San Antonio, Dallas
  • Posts 202
  • Votes 104
Quote from @Christopher Lynch:

I’m looking to get started in the fix-and-flip business and have a few questions. I have a couple of funding options on the table and I’d love to hear your thoughts:

  1. Funding Approach: I have capital partners who are willing to fund 100% of the project in exchange for 50% of the profits. Alternatively, I could explore hard money lenders. What would you recommend for someone just starting out? Should I stick with my partners for the initial flips or go the hard money route? I’m asking because I plan to eventually scale and get into multifamily syndication, and I know learning to raise capital will be a crucial skill.
  2. Scaling with Private Lenders: Once I’ve done a few flips, I’m thinking of finding a group of private lenders to help me scale the business. Do you have any tips on how to approach and structure deals with private lenders for scaling?
  3. LLC Structure: For the LLC structure, would it be best to create a new LLC for each flip, or should I just create one LLC that handles all of my flips? I want to be sure I'm structuring things in a way that protects my assets while allowing for growth and still keeping money partners protected.

Any feedback would be awesome. 

Your question is akin to : " I have a hot fudge sunday in my hand, should I set it down and go look for a banana split". I may someday, want to learn how to make banana splits.

Run with what you've got, prove yourself first (you ain't done nothin' yet!) then make big plans.