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All Forum Posts by: Maximo Dejesus

Maximo Dejesus has started 2 posts and replied 12 times.

Thank you all for the insight!

@David M.

Thanks for the reply. This owner has equity in his home and I offered to make payments for his equity.

The mortgage payments to cover existing loan and payments for the remainder.

Question is if he receives let’s say 500$ per month in equity payments will the 500$ per month show as income on his end? Will it effect his social security status? I believe you can’t make more than a certain amount of money or they take your social security away.

Thank you for any feedback.

I presented an owner with a sub to deal for his home and he asked how will the monthly payments he would receive for his equity effect his social security income.

He is afraid it will show he is making too much money every year and lose his social security.

Quote from @Shawn McCormick:
Quote from @Maximo Dejesus:

Update. Spoke with a lawyer this morning about the property, and he stated this property does not need probate. It has a right of survivorship clause.

I also found out that if i take the subject to route, the loan only has 13 yrs left.

@Shawn McCormick

If i wanted to keep for myself i would need to have the money to get loan up to date plus the 3k for the daughter plus closing costs which would amount to apx 30k which i dont have access to at this time.

Could i get it under contract for 90k subject to the 63k mtg and 24k in arrears and then seller finance to someone for a higher price? 

Could i list the property while i have it under contract for 90k and list for like 160k w/ seller finance terms?

Love to hear everyone's options on this.


 For me.....the whole idea of getting a subject to is to hold it long term. You are essentially getting a house with equity and that is highly amoritized for a very low entry cost and didn't have to use your credit to do it. I would find the money. Put a prospectus together and you will find the money easily if it is as good as you say. Come to the Lake County CFRI meeting next Tuesday and you can present your scenario to a room full of investors that will help you out. 

I'd hate to see you wholesale a great deal for lack of funds now. You have other options that would be best worked out in person rather than here..going back and forth. 

 Thanks @Shawn McCormick

Update. Spoke with a lawyer this morning about the property, and he stated this property does not need probate. It has a right of survivorship clause.

I also found out that if i take the subject to route, the loan only has 13 yrs left.

@Shawn McCormick

If i wanted to keep for myself i would need to have the money to get loan up to date plus the 3k for the daughter plus closing costs which would amount to apx 30k which i dont have access to at this time.

Could i get it under contract for 90k subject to the 63k mtg and 24k in arrears and then seller finance to someone for a higher price? 

Could i list the property while i have it under contract for 90k and list for like 160k w/ seller finance terms?

Love to hear everyone's options on this.

Quote from @Greg H.:
Quote from @Shawn McCormick:
Quote from @Maximo Dejesus:
Quote from @Shawn McCormick:

@Maximo Dejesus

Do you know who is the personal representative for probate? What do you mean 'an open case with bank'? Has lis pendes been filed yet, are taxes and HOA current(someone, like the bank been paying them?)

You need to get whomever is the personal rep to sign an 'authorization to release' form so that you/your title company/lawyer can speak with the bank to get an actual current payoff (where did you get your numbers from?) and go from there. To deal with the daughter, if she is not the personal rep, consider cash for keys to her so she is out prior to you spending time and money


 Thank you for your response Shawn. Me and the daughter contacted the mortgage company to find out the steps needed for payoff amount. She contacted me and stated she received a payoff amount in the mail by the mortgage company. Here are the exact numbers.

Payoff breakdown.

Current unpaid principal balance 63,346.49 

non interest bearing principal balance 1,133.86

interest from 2-1-21 to 5-22-23    9,595.47

late fees 28.35

deferred late fees 408.82

returned check fees 25.00

deferred check fees 120.00

lender paid fees 4,968.38

escrow advances 5,285.50

legal fees 530.00

county recording fees 10.00

third party reconveyance preparation fee 20.00

total payoff amount 85,471.87

No personal rep has been assigned based on my conversation with the daughter.

When I said open case, yes i mean there is a lis pendens. A case number and it is open.

Probate has not started. 

My thought process was to get it under contract, start the probate process and take it from there. Based on court docs mortgage payments was 787 which is nice knowing market rent for a 3/2 is apx 2k mthly.

Should i quit claim 1st, get her out the house then start probate?

I was thinking get under contract for sale, start probate, then quit claim if everything goes well with probate.

Thank you for everyones insight.


 Okay, so get it under contract, have the daughter put the house into a Land Trust with you being the beneficiary of it, record the contract at the county. Then catch up the loan and get it out of forclosure and then work on probate, this could take some time, but if the numbers are correct and I know the value of homes in Orlando, than it will be worth it. You have to be a problem solver for these people, not just a $ ticket. 


 You realize the daughter cannot legally transfer the property to a Trust or any other entity as she has no authority to do so right?


 Thanks for your response. I was thinking that too. Get under contract start probate and wait till its end, if all goes well, transfer title through land trust and then pay back payments.

Quote from @Caroline Gerardo:

Lender is not going to allow you to assume the loan, they know the value of the house. Looks like you need to offer the bank $22000 to catch up for now but don't pay this if you are not on title. Lender/servicer might not accept any partial payment. 

There is a balance between evicting daughter and giving her money from the sale which you need to plan and negotiate kindly. Are you planning to pay her cash for keys?

You do not know how many other heirs might be out there. You are taking this on the word of daughter, who moved in and isn't paying, I would call her an unreliable narrator.

DIY probate is possible IF you have legal skills and you intend to appear and drop forms off often as you fill incorrectly. DIY might take a year.

Are you hoping to become the Executor? Court won't appoint you attorney ad lidem or Administrator without experience and no relationship.

What else is on title? liens/other loans...


 Thank you for your response Caroline. Yes I will essentially be providing cash for keys. My thought process was don't do anything now until probate is finished and have it under contract in the meantime. I believe there is a niece that may have beneficial interest in the property. Thanks again for your response.

Quote from @Shawn McCormick:
Quote from @Maximo Dejesus:
Quote from @Shawn McCormick:

@Maximo Dejesus

Do you know who is the personal representative for probate? What do you mean 'an open case with bank'? Has lis pendes been filed yet, are taxes and HOA current(someone, like the bank been paying them?)

You need to get whomever is the personal rep to sign an 'authorization to release' form so that you/your title company/lawyer can speak with the bank to get an actual current payoff (where did you get your numbers from?) and go from there. To deal with the daughter, if she is not the personal rep, consider cash for keys to her so she is out prior to you spending time and money


 Thank you for your response Shawn. Me and the daughter contacted the mortgage company to find out the steps needed for payoff amount. She contacted me and stated she received a payoff amount in the mail by the mortgage company. Here are the exact numbers.

Payoff breakdown.

Current unpaid principal balance 63,346.49 

non interest bearing principal balance 1,133.86

interest from 2-1-21 to 5-22-23    9,595.47

late fees 28.35

deferred late fees 408.82

returned check fees 25.00

deferred check fees 120.00

lender paid fees 4,968.38

escrow advances 5,285.50

legal fees 530.00

county recording fees 10.00

third party reconveyance preparation fee 20.00

total payoff amount 85,471.87

No personal rep has been assigned based on my conversation with the daughter.

When I said open case, yes i mean there is a lis pendens. A case number and it is open.

Probate has not started. 

My thought process was to get it under contract, start the probate process and take it from there. Based on court docs mortgage payments was 787 which is nice knowing market rent for a 3/2 is apx 2k mthly.

Should i quit claim 1st, get her out the house then start probate?

I was thinking get under contract for sale, start probate, then quit claim if everything goes well with probate.

Thank you for everyones insight.


 Okay, so get it under contract, have the daughter put the house into a Land Trust with you being the beneficiary of it, record the contract at the county. Then catch up the loan and get it out of forclosure and then work on probate, this could take some time, but if the numbers are correct and I know the value of homes in Orlando, than it will be worth it. You have to be a problem solver for these people, not just a $ ticket. 


 Shawn, thanks again for your response. In reference to your timeline of actions, and again I dont know much, you obviously know more about this than I do so I am curious to hear your response to this question. Would it be more beneficial to get under contract first, then start probate, then if everything goes well there, conduct the title transfer w/ a land trust, then pay off back payments to get loan current?

Case just started so there is still some time left. Thanks again Shawn for your input into this situation. BTW, THIS IS A MOBILE HOME. ARV 155K ISH. Land 2 blocks away sold for 78k on market

Quote from @Brady Hales:

@Maximo Dejesus

This is a good probate seller call example with some details in it.

https://youtu.be/IUPG5i4A2UU

I know a lot of people in the "Creative Real Estate with Pace Morby" that actually solely work doing sub-to with probate sellers. You might try there in addition to here on bigger pockets to increase your chances of talking to somebody who has done these types of deals and understands the deal process better.


 Thank you for your response Brady. Where would I go to find "Creative Real Estate with Pace Morby". Would that be on youtube? I will check to see if so.

Thank you for the link as well. Take care.

Quote from @Shawn McCormick:

@Maximo Dejesus

Do you know who is the personal representative for probate? What do you mean 'an open case with bank'? Has lis pendes been filed yet, are taxes and HOA current(someone, like the bank been paying them?)

You need to get whomever is the personal rep to sign an 'authorization to release' form so that you/your title company/lawyer can speak with the bank to get an actual current payoff (where did you get your numbers from?) and go from there. To deal with the daughter, if she is not the personal rep, consider cash for keys to her so she is out prior to you spending time and money


 Thank you for your response Shawn. Me and the daughter contacted the mortgage company to find out the steps needed for payoff amount. She contacted me and stated she received a payoff amount in the mail by the mortgage company. Here are the exact numbers.

Payoff breakdown.

Current unpaid principal balance 63,346.49 

non interest bearing principal balance 1,133.86

interest from 2-1-21 to 5-22-23    9,595.47

late fees 28.35

deferred late fees 408.82

returned check fees 25.00

deferred check fees 120.00

lender paid fees 4,968.38

escrow advances 5,285.50

legal fees 530.00

county recording fees 10.00

third party reconveyance preparation fee 20.00

total payoff amount 85,471.87

No personal rep has been assigned based on my conversation with the daughter.

When I said open case, yes i mean there is a lis pendens. A case number and it is open.

Probate has not started. 

My thought process was to get it under contract, start the probate process and take it from there. Based on court docs mortgage payments was 787 which is nice knowing market rent for a 3/2 is apx 2k mthly.

Should i quit claim 1st, get her out the house then start probate?

I was thinking get under contract for sale, start probate, then quit claim if everything goes well with probate.

Thank you for everyones insight.