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All Forum Posts by: Marco Bario

Marco Bario has started 22 posts and replied 465 times.

Post: All inclusive trust deed

Marco BarioPosted
  • Specialist
  • Frederick, MD
  • Posts 473
  • Votes 452

@Annie Driscoll

Subsequent borrowing by the AITD holder seems to be dependent on the lender. Speak with lenders - and consider that although they might agree they could lend to you today - they might not be able to when you need the loan.

Unless the existing debt has no due-on-sale provision, there will always be a risk of the underlying loan being called.

If it were to be called due:

1. If you have cash, you could pay off the underlying loan

2. You could sell the AITD to a note buyer who will pay off the underlying at closing - BUT the buyer will need to purchase the wrap for at least the amount of the underlying. I don't have enough info to tell you if yours will be worth that. AND there aren't many note buyers who will buy notes with large balances in the range you mention. 

Post: Subject to exit strategy PLS HELP

Marco BarioPosted
  • Specialist
  • Frederick, MD
  • Posts 473
  • Votes 452
Quote from @Jay Hinrichs:
... There is a time and a place for sub to  no doubt but wholesalers to me are not the time or place.

As you know, I agree with you.

Post: Subject to exit strategy PLS HELP

Marco BarioPosted
  • Specialist
  • Frederick, MD
  • Posts 473
  • Votes 452

@Kris Kempe - You should consider the risks for you and the seller when wholesaling a subject to deal. In my mind, the liability and possibility of harming the seller outweigh the rewards. 

Post: I need a creative loan for an investment property

Marco BarioPosted
  • Specialist
  • Frederick, MD
  • Posts 473
  • Votes 452

One way would be to get the real estate under contract, then bring an experienced partner in who also has access to capital, and stay in the deal as a minority equity partner. You'd learn and potentially earn a profit at exit.

Another way is to wholesale the land.

Post: Creating a note in order to sell it.

Marco BarioPosted
  • Specialist
  • Frederick, MD
  • Posts 473
  • Votes 452

Seller-financed note buyers are looking for a 9% - 14% return. 

If your property is residential single-family owner-occupied in a good area, the buyer has good credit, made a good down payment, and twelve or more on-time payments have been made, you'll be in the lower range.

Note buyers, just like lenders, won't go above a certain loan-to-value (LTV) ratio. With discounted notes, it will be "Investment to Value" (ITV) rather than LTV, but the idea is similar. If a single-family owner-occupied property is worth $400,000 - I wouldn't invest more than $280,000 (70%) in a note secured by the property.

ITV takes priority over desired yield - so even if the note discounts to $350,000 based on desired yield, the investor still won't go beyond their maximum ITV. 

With newer notes especially, partials reduce the discount.

I'm not a fan of balloons for seller financing - especially shorter than 10 years. If your rate is higher than institutional rates - they'll be incentivized to refinance when possible. 

Structure depends on what payment the buyer and the property can afford. 

Look at area rents. Base the payment amount so you're in that range. Find a buyer with at least 10% to put down and can afford that payment.  

I'm fairly sure you can structure to sell a partial after a month or two of payments that would pay off the underlying $215K note. 

Post: title company in MD that can handle seller finance transactions

Marco BarioPosted
  • Specialist
  • Frederick, MD
  • Posts 473
  • Votes 452
Quote from @Godsheritage Adeoye:

Hello everyone,

Does anyone have recommendations for a title company in Maryland that specializes in handling seller-financed transactions?

Thank you in advance!


 Friends Title is attorney-owned and investor-friendly. https://friendstitle.com/

Post: IRA funds as down payment

Marco BarioPosted
  • Specialist
  • Frederick, MD
  • Posts 473
  • Votes 452
Quote from @Dmitriy Fomichenko:

@Brad Kanouse,

I believe this is a duplicate of this post:
https://www.biggerpockets.com/forums/311/topics/1210256-usin...

But regardless, here is my answer:

If you take a distribution from an IRA - it will be subject to taxes and penalties.

You can convert your IRA into a "Self-directed IRA" and have the IRA buy the property, in this case you are not the owner, the IRA is. You won't be able to use conventional financing and must use a non-recourse loan which typically require 40% down. Also be aware of Unrelated Business Income Tax (or UBIT) on leveraged real estate inside of an IRA.

Or better yet, since you are self-employed - go with a truly self-directed Solo 401k plan, which would be a much better option and will help you avoid the UBIT on this investment.


And the Solo-K would enable you to borrow $50K from the retirement balance to use as you please.

Post: Can I owner finance if I do not own the house?

Marco BarioPosted
  • Specialist
  • Frederick, MD
  • Posts 473
  • Votes 452
Quote from @Jaden Rodriguez:

Hey! Yes, you can potentially offer owner financing even if you still have a loan on the property. This could be done through a "subject-to" deal, where the buyer takes over payments on your existing mortgage while you provide financing for the remaining balance. Just keep in mind that some lenders have a "due on sale" clause, which means they could call the loan due if the title changes. It's always best to consult with a real estate attorney to make sure you're structuring the deal correctly.

As the property seller, a wrap or AITD would protect this seller more than allowing the buyer to take title subject to the existing mortgage. 

Post: Can I owner finance if I do not own the house?

Marco BarioPosted
  • Specialist
  • Frederick, MD
  • Posts 473
  • Votes 452
Quote from @Simon W.:
Quote from @Alfredo Burgos:

Hello BP community. I have a question. I have a vacant house (tenants just left in the past month) with a loan on it. I would like to sell the house more creatively. Can I owner-finance the house to someone if I still have a loan on it? 


 This is a bit tricky, but you can do an option-lease contract. All of the other options, I highly recommend talking to an attorney. You can face legal issues because of the existing mortgage/loan.

The other options are Contract for deed and Wraparound mortgage. I am sure some other BPers can chime in on this.


Aside from potential owner occupancy requirements (FHA), there shouldn't be any legal issues in a lease and option scenario.

Post: How to cover roof repair before purchase

Marco BarioPosted
  • Specialist
  • Frederick, MD
  • Posts 473
  • Votes 452

What if the seller gives you the right to master lease the property now and an option to buy later?

As the lessee, I believe you can expense the roof replacement and then wait to exercise your option.