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All Forum Posts by: Account Closed

Account Closed has started 54 posts and replied 3295 times.

Post: Should we form a 50/50 partnership?

Account ClosedPosted
  • Specialist
  • Paradise Valley, AZ
  • Posts 3,447
  • Votes 2,936
Originally posted by @Don Petrasek:

@Michael Dubiel I set up an LLC with two partners and an operating agreement that defines ownership interest as the % that each member's capital account represents of the total of all 3 capital accounts. The operating agreement also defines what's considered ordinary management of the LLC and what's not. For items that aren't, any member that performs those gets paid in the form of a credit to his capital account. So I put up most of the $ initially and owned a large percentage of the LLC to start, but the other partners have done work on the property (that we would have otherwise had to hire out) and increased their interest as a result (without having to contribute cash that they didn't have). This has worked pretty well but the downside is that the credits to the capital account are considered taxable income.....

No matter what you do, you guys need to have a detailed written agreement upfront as to who is doing what, when, how much and how that affects ownership interests. Especially with you taking on most of the work. Maybe your brother should be lending to the LLC and you should be getting paid for all the work you do....after that you split all the profits. To compensate him for the lending risk, maybe you agree to cover part of any loss he takes on the loan to the LLC.

My brother in law was the other member in another LLC and we had a verbal high level 50/50 split agreement. It went well for a while and then he stopped finding the time to spend on the business.....luckily we were able to amicably part ways - otherwise it would have been a disaster.

I do a similar setup. In my case however, one of us puts up the capital and the other finds the property and resells to a tenant buyer. We really don't do any rehabbing anymore. We let the tenant buyer do the rehab. Generally we get $25k down from a tenant buyer and split that 50/50. Since we take over the properties using Subject To and Wraps, there is also monthly cash flow of roughly $500 which we split 50/50 upon selling on Lease/Option to tenant buyers. We provide the tenant buyers with owner financing so they don't have to worry about bank financing. When the tenant buyer exercises the Option to buy a few years later, generally that has bought down our underlying financing and we split those profits 50/50 as well. Whichever of us provides the management side of the transaction has 51% ownership so decisions can be made. Everything is done inside an LLC. Very profitable for all involved. It's just another way to have partners and keep everyone happy.

Post: foreclosure/ short sale

Account ClosedPosted
  • Specialist
  • Paradise Valley, AZ
  • Posts 3,447
  • Votes 2,936
Originally posted by @Ron S.:
Originally posted by @Account Closed:
Originally posted by @Amanda M Laird:

There is a beautiful home thats been in the foreclosure process for years.  I called the title company and got the notice of default as well as some other information.  They owe back taxes, and there are other liens on the property.  There are for sale signs out front showing its listed with a local realtor.   I called my realtor to find out more information about it, but she directed me to the listing agent to work with since it was a conflict of interest since her best friend was one of the lien holders.

When I called about it, the listing agent said that they are waiting for it to go into a short sale and that they already have a buyer for it.

Does this mean nobody else can bid on it?  Has anybody dealt with a similar situation and have some answers?

 A short sale has to be approved by the lender. If the offer has been submitted it can take 6 months for the lender to decide. If the market is going up the lender may adjust the numbers up. If the market is going down the lender will speed up the process to mitigate loss (sometimes). Submitting an offer on a property that already has a short sale offer to the lender will drive the price up. It may even make the lender think there is demand for the property and they might reject all short sale offers. It's a bank. They are irrational. You never know.

 I'm not so sure the banks are irrational but what do I know...

There is nothing to "Bid" on until/unless it goes to public auction so, no, you can't bid on it. If it's under contract, I suppose you could make a backup offer but that backup offer doesn't go to the lender for review/approval unless the existing offer is no longer in consideration.

Technically, while someone might say it can take up to six months, by Federal statute, the lender is required to decision any short sale offer within 30 days. That said, it is common for buyers/sellers/agents (All rational parties) to misinterpret or disregard requirements of the lender for a short sale review/approval. As an example, seller usually has to complete a full short sale package to include YTD paystubs (Assuming they are employed) and well, they usually don't provide one or, they'll require proof of funds from buyer showing they  have the capacity to purchase and well, sometimes the agent provides a copy of earnest money instead. The list goes on...All of this can delay the short sale review process beyond 30 days but if it's a substantially complete package, all lenders are required to decision within 30 days.

 I did short sale negotiations and foreclosure bailout for years and it my considered opinion that banks are irrational. ;-)

One I remember was a drug house. I made an offer with all of the photos, comps and documentation for a cash purchase at the then current value. They said no. Fair enough. It was about 80% of the amount owed. The missing windows and walls and graffiti throughout must have been mistaken for artistic enhancements of the property since there wasn't any other way to justify a higher number. We went back and forth for a year. It stayed in foreclosure that entire time never going to sale. I went through four different negotiators at the bank over the year because the negotiators kept getting "reassigned" and simply disappeared into the great behemoth called "the bank". After about a year, low and behold, they accepted the same offer I started with. They never took it to foreclosure, which they had the right to do, they were not getting paid, they were paying the property taxes and insurance and they had a liability on the books. I made a ton of money doing those but you have to be in for the "long play". There is no real rhyme or reason as to which will be accepted. 

(Having been a lender, I know that the bank's decisions are made on things like VA, FHA or conventional, if it was a purchase loan or a refi, homestead, quotas for the negotiators, pressure from the FED, incentives for the negotiators, loan modifications, bankruptcies, lawsuits, robo-signing, MERS, bank's availability of funds, vacant management positions and on and on. But, all of that is "unknowable" regarding a particular property and makes a particular property anybody's guess as to how it will turn out.)

Post: foreclosure/ short sale

Account ClosedPosted
  • Specialist
  • Paradise Valley, AZ
  • Posts 3,447
  • Votes 2,936
Originally posted by @Amanda M Laird:

There is a beautiful home thats been in the foreclosure process for years.  I called the title company and got the notice of default as well as some other information.  They owe back taxes, and there are other liens on the property.  There are for sale signs out front showing its listed with a local realtor.   I called my realtor to find out more information about it, but she directed me to the listing agent to work with since it was a conflict of interest since her best friend was one of the lien holders.

When I called about it, the listing agent said that they are waiting for it to go into a short sale and that they already have a buyer for it.

Does this mean nobody else can bid on it?  Has anybody dealt with a similar situation and have some answers?

 A short sale has to be approved by the lender. If the offer has been submitted it can take 6 months for the lender to decide. If the market is going up the lender may adjust the numbers up. If the market is going down the lender will speed up the process to mitigate loss (sometimes). Submitting an offer on a property that already has a short sale offer to the lender will drive the price up. It may even make the lender think there is demand for the property and they might reject all short sale offers. It's a bank. They are irrational. You never know.

Post: Financing an "As Is" Sale

Account ClosedPosted
  • Specialist
  • Paradise Valley, AZ
  • Posts 3,447
  • Votes 2,936
Originally posted by @Tami Olsen:

We have looked at a pre-foreclosure SFH that is being "sold as-is, inspections for information only". It also says "broken glass in back, not suited for financing". NOTE: it is not listed as a pre-foreclosure on the real estate listing and it is not bank owned at this time.

The broken glass is only in an small porch addition that has structural issues anyway. It can be fixed or removed without compromising the house itself. There is one broken window so that's an easy fix.

I had someone in on our second visit to look at the foundation and the house is structurally sound (except the small porch).

It is currently being lived in, all systems work. It needs some electrical and minor plumbing, boiler works great but is old so it should be replaced. Roof is fairly recent, no signs of leaks anywhere, basement is dry. It will need a lot of cleaning and paint.

The seller said the bank won't take a loan to purchase because it's being sold as-is and she can't afford to fix anything, if it's a loan she will be required to fix things (like electrical). 

Is this correct? I'd have no problem buying the house as-is. I applied for an HELOC without knowing they looked at net income on my tax return and I am self employed so once they added 1% of the requested HELOC to my monthly debt, it knocked my DTI above their requirements. They suggested a traditional loan as I have excellent credit. I have some options with business lines of credit as well, but before doing this I wanted to check on why more traditional loans are being discouraged in this case (and if this is common). I believe rehab loans have more restrictions than I am interested in. We would do most of the work ourselves, and the house may also be eligible for historical tax credits (what's left of them).

Thanks in advance!

(ps I put this in the Foreclosure forum as I don't know where else it should be, and it will be a foreclosure if it doesn't sell in a few months)

 Use cash to bring the loan current and out of foreclosure, give the seller some moving money and take over the loan using Subject To. Fix up the house, refinance or sell or rent out or do what I do and sell to a Tenant Buyer and get a big down payment and let them do the rehab. Lots of ways to take this one.

Post: My Higher Offer Rejected, House Went to Lower Bidder?

Account ClosedPosted
  • Specialist
  • Paradise Valley, AZ
  • Posts 3,447
  • Votes 2,936
Originally posted by @Mary B.:

Thanks @Account Closed!  Never?  The properties I am bidding on are generally 80+ years old so it's mostly to protect me from fire damage and foundation issues, but I can see the merit in your approach.  Would you mind elaborating on what factors in condition you would consider deal-breakers? 

I agree, In my case I won't offer if I see there is a serious foundation problem, under or near high tension power lines, too near a cliff, flooded, burned, drug house, war zone, more than 3,000 sq ft, under 1,000 sq ft, clouded title. I've done all of those in the past, but learned that it isn't worth my *particular* time (some people have more time on their hands ;-) I can usually get everything I need to know by Google Maps and a quick drive by.

Post: My Higher Offer Rejected, House Went to Lower Bidder?

Account ClosedPosted
  • Specialist
  • Paradise Valley, AZ
  • Posts 3,447
  • Votes 2,936
Originally posted by @Mary B.:

Hi Everyone,

I'm a new(ish) investor in the Atlanta market, buying primarily in southwest ITP neighborhoods.  I've had the experience twice now where my higher offer was rejected (in a highest and best scenario) only to have the house go to a lower bidder.  The properties were both rehabs in two completely different areas (North Decatur & Pittsburgh) and two completely different price points with two different seller's agents.  Both offers utilized escalation clauses.  The Decatur home actually went for $5,000 under my bid. 

I'm trying to understand the context where the agent would reject a higher offer in favor of a lower one, so I would appreciate the expertise of any agents in the forums so that I can avoid this costly mistake again.    

We've speculated that the offers may have been rejected because of the due diligence period being 7+ days, or perhaps being contingent on inspection, but have received no feedback from the agents as to the true cause.  Do any of you have experience or advice in such a situation?  We have shortened our DD to 3 days but I would like to learn more from the perspective of the listing agent as to what would precipitate such an outcome.

Thanks so much!    

 I never have a contingency when buying a rehab. The whole point is to rehab. There are probably others like me who are going to gut the property. Sometimes simply changing the floor plan makes the house worth plenty more and since that means rewiring and re-plumbing anyway, it's all built into the offer. That doesn't mean you shouldn't have contingencies, it just explains why some of us don't.

Post: Help with loan question

Account ClosedPosted
  • Specialist
  • Paradise Valley, AZ
  • Posts 3,447
  • Votes 2,936
Originally posted by @Mike Thomas:

Good evening!  I have been in a partnership on a property and things are not working out with my partner. We have a commercial loan both guaranteed it personally. Do banks ever allow modifications to remove one partner? 

 Not likely. Either sell the property and move on or get a new loan to buy out the other partner.

Post: When To Verify Permits for Previous Work Done to a Prop?

Account ClosedPosted
  • Specialist
  • Paradise Valley, AZ
  • Posts 3,447
  • Votes 2,936
Originally posted by @Adrian Jones:

I'm evaluating a residential property for purchase/renovation and resale. I noticed that the carport has now been enclosed and converted into a bedroom. I asked the current owners if a permit has been pulled for this work. They had no clue as it was done before they purchased the house. 

As an investor, what is my level of responsibility and/or possible liability into determining if the improvements to the house, done prior to my purchase, were done under a permit? Once I conclude my renovations and put it on the market for resale, can an inspector for the buyer require me to show a permit for the work?

Thanks,

Adrian Jones

Upper Marlboro, Maryland

Yep. In fact, if you sell it to an FHA buyer, they will probably require proof. Just call the county and they will tell you if it was permitted or grandfathered. Some counties on that on-line.

Post: Water Coming Through Walls

Account ClosedPosted
  • Specialist
  • Paradise Valley, AZ
  • Posts 3,447
  • Votes 2,936
Originally posted by @Nicholas Richard Ray:
Hey guys, walked downstairs over the weekend to find 2 actual small streams of water coming out of my basement wall.

Anybody have recommendations on companies that do foundation work? It’s a stone foundation. Any and all help is appreciated.

 I had a property next to a stream and the walls did that when it would rain hard. We dug a trench next to the foundation, put sheet metal along the wall (but I suppose you could use thick plastic sheets), and laid river rock and gravel in the trench and filled er' back up. Then we used a concrete patch from Home Depot on the basement concrete wall. That fixed the problem. It also helps to make sure the lawn has a bit of a grade away from the foundation. I don't know if that will solve your particular problem, but the guys at ACE, Home Depot and Lowes are pretty good about local conditions and solutions.

Post: Greetings! New here! (Bay Area/Austin, TX)

Account ClosedPosted
  • Specialist
  • Paradise Valley, AZ
  • Posts 3,447
  • Votes 2,936
Originally posted by @Stephen McDowell:

Hello everyone!

I'm new here but I've been listening to the BP podcasts for some time now as well as lurking around the forums for the past few weeks so I decided it was time to introduce myself! I live in San Francisco but am originally from Austin, TX and looking to invest in a multi-family property in Austin. I am a first time buyer, have excellent credit and great income. I am very familiar with the Austin area, however, I am new to real estate so any and all info is much appreciated!

 I invest in Austin (From Killeen to S.A.) and I would say you have to decide if you want fast cash, cash flow or flips because each market offers different opportunities and challenges. Finding a multi in Austin will cost you and may not provide decent cash flow. What do you have in mind for an investment style?