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All Forum Posts by: Michael Morrongiello

Michael Morrongiello has started 37 posts and replied 99 times.

Post: Going to imminent TRUSTEE SALE (CA)

Michael Morrongiello
Pro Member
Posted
  • Specialist
  • Napa, CA
  • Posts 103
  • Votes 26
Joe
Yes there IS equity
Home value estimated in the $500K to $535K range +/-
They owe about $300K
The existing FHA 1st lien is fixed at 3.37%  (its a 30 year loan)
They are down about $35K
BUT the Trustee sale is looming in a few days.
Idea is to BUY and to take title SUB TO the existing debt and REINSTATE IT

Since they LIVE there, its also a residential 1-4 family property, they are in DEFAULT, and I am buying as an investor (no intent to reside there) I MEET ALL of the criteria under CA 1695
as Home Equity Purchaser

Thus under the Home Equity Purchaser Laws CA 1695 - we must use the Home Equity Purchase agreement and GIVE the seller their statutory disclosures including 5 days to Rescind the Purchase Agreement.

Not sure if you Can have a SELLER Waive that Rescission Right - as they COULD come back on a purchaser up to 2 Years LATER after the sale.


Post: Going to imminent TRUSTEE SALE (CA)

Michael Morrongiello
Pro Member
Posted
  • Specialist
  • Napa, CA
  • Posts 103
  • Votes 26

Situation: Owner Occupied SFH - Home is in FORECLOSURE - NOD filed months ago, NTS -Notice of Trustee sale filed a few months ago as well.;
The property is scheduled to go to sale in a few days (thus its within 5 days of the Trustee Sale AUCTION). 

Want to buy this as an investor (and not to live there) thus fall under the CA 1695 Home Equity Purchaser rules.
Also want to BUY the property SUBJECT TO their existing 3.375% FIXED INTEREST RATE 30 year loan.

Since they LIVE in the home, its a 1-4 family property and I am buying as an INVESTOR:
Have to use the required Home Equity Purchase & Sale Agreement (PSA), and provide
the Sellers with their Disclosures INCLUDING their right to RESCIND the PSA up to 5 Days after its signed. 

Problem: We DO NOT HAVE 5 days !!! - the property is GOING to Trustee Sale in 2 Days!
Q - Can a Seller in CA (who resides in this home, in default, going to an imminent Trustee sale) WAIVE their RESCISSION RIGHTS under any kind of HARDSHIP requirement ? as there is SIMPLY NO TIME left to give them their 5 Day Rights of Recession

Any insights appreciated here

Post: Marin County, CA – Real Estate

Michael Morrongiello
Pro Member
Posted
  • Specialist
  • Napa, CA
  • Posts 103
  • Votes 26
Next meeting is Thurs 8-17-2023
Busts, Booms, and (?) Beyond I think is the topic of discussion
ALWAYS high quality meetings and networking
They've been meeting for 23+ years !

Check them out on line under Bay Area Wealth Builders Association

Post: HAVE Trouble Locating Associates of Deceased Property Owners

Michael Morrongiello
Pro Member
Posted
  • Specialist
  • Napa, CA
  • Posts 103
  • Votes 26

HAVE Trouble Locating Associates of Deceased Property Owners

Situation: Have a house located near me which has been VACANT and BOARDED up for some time (a year plus)
Ran a Title Search on the property it appears title is VESTED in the names of (2) two woman;
One who was married, the other a Single Woman, and where each of them OWN
a 50% interest as TENANTS IN COMMON.  We believe they are both deceased.

Tenants in Common typically mean that the parties are NOT RELATED  and that upon their passing TITLE to the deceased parties
Interest in the property passes to WHOM it is named in their last will or in the absence of such a will, to the decedent's heirs.

Thus far no probate or anything else has been started with the property?
A City abatement was issued to clean up the property and was ignored so the city went ahead and cleaned it up,


Q-In a STEP By STEP approach - How would you go about finding out IF they have a will, who might be some of their heirs, and or locate someone
who would be in a position to help and has the capacity to enter into an agreement for the sale or Disposition of the property ?

Need HELP ASAP

Post: Can You Deduct Payments PAID on a Principal Only Note?

Michael Morrongiello
Pro Member
Posted
  • Specialist
  • Napa, CA
  • Posts 103
  • Votes 26

INCOME is what is most important to this elderly seller. That is WHY the higher price and higher monthly income that the seller financed Note would provide is appealing…

Then there are the more favorable tax implications of an installment sale Vs receiving highly taxable cash (at a lower property purchase price) where a lot of her significant capital gains will be confiscated at the State and Federal levels points more and more towards the HIGHER purchase price, even with a seller carryback ZERO interest Note 

It’s the BUYER also who intends to occupy one of the THREE units and renting out the other TwO who was concerned about their ability get some tax benefits as well 

Post: Can You Deduct Payments PAID on a Principal Only Note?

Michael Morrongiello
Pro Member
Posted
  • Specialist
  • Napa, CA
  • Posts 103
  • Votes 26
Michael - the buyer is actually going to LIVE in one of the Triplex units - thus an allocation likely will be done to distinguish 1/3 of the property to be investment rental type use and the other 1/3 which will be owner occupied to offer I assume a Home Interest Deduction benefit to them as being Owner Occupied space. That INTEREST DEDUCTION would be useful to offset some of their W-2 earned income from their employer.  That was the basis of posing the question. Can Pure PRINCIPAL ONLY payments (were you are not paying any interest) he deductible and / or used as an expense to offset other income earned.

Post: Can You Deduct Payments PAID on a Principal Only Note?

Michael Morrongiello
Pro Member
Posted
  • Specialist
  • Napa, CA
  • Posts 103
  • Votes 26

Can You Deduct Payments Paid on a Principal Only Note?

Situation; Elderly Seller bought their Triplex home for around $350K Many Many Years ago. She lives in One unit and rents out the other two Units. Today its value is around $1.4M +/-   She has discovered that IF she sells for Cash she will have a significant Tax Bite on the Capital Gain at both the Federal and State Levels. She is open to doing a Seller Financed Installment sale;

EG. $1.4M Purchase Price, $200K Cash Down, Balance of $1.2M financed at $4K per month
for 300 Months (25 Years) - all PRINCIPAL payments - NO interest.

Someone told me that;
The loan principal is the amount you borrow, while the interest is the cost of borrowing the money.
Interest is an EXPENSE, and therefore it can be deducted from your taxes.
However Principal is not an expense, so it cannot be deducted in your taxes
.

In this case the Property Investor / Buyer is LOOKING for some write offs that they can use to offset some of their other W-2 earned income.
Thus the ability to depreciate presumably would still be OK, and to deduct other expenses paid (taxes, Insurance, MGMT, repairs)
BUT NOT being able to deduct interest on $1.2M financed could be an issue for the BUYER

Is this TRUE ? if So, an investor buying the property albeit at a Higher PRICE would NOT be able to write off any interest?
BUT would benefit from each and every payment going towards a PRINCIPAL PAY DOWN of the DEBT DUE (presumably FASTER)

Note:  if the buyer was buying the property for cash or obtaining Bank Financing - they would NOT agree to pay $1.4M
but likely a lower property purchase price closer to $1.1M or Less. 

Post: Any experience with Propwire?

Michael Morrongiello
Pro Member
Posted
  • Specialist
  • Napa, CA
  • Posts 103
  • Votes 26
Good to know.... Yes its FREE (for the moment) and seems to have a lot of data available.
The interface to me is weak and not that intuitive or user friendly.

Post: Any experience with Propwire?

Michael Morrongiello
Pro Member
Posted
  • Specialist
  • Napa, CA
  • Posts 103
  • Votes 26

Just started playing around with it a bit...
Wish their interface was a bit more intuitive or user friendly.

Post: Any experience with Propwire?

Michael Morrongiello
Pro Member
Posted
  • Specialist
  • Napa, CA
  • Posts 103
  • Votes 26
Quote from @Alfonso Aramburo Zepeda:

I've been using prop wire and have compared it with the county records, there certainly is a minor discrepancy, but for the most part it works really nice!


What is the "Minor Discrepancy" you found or are referring to? (Curious)