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All Forum Posts by: Patrick Roberts

Patrick Roberts has started 4 posts and replied 482 times.

Post: New investor looking to house hack in 6-12 months

Patrick Roberts
Pro Member
#2 Private Lending & Conventional Mortgage Advice Contributor
Posted
  • Lender
  • Charleston, SC
  • Posts 489
  • Votes 369

Good to see another local investor in Charleston. Based on your question, you have two core decisions to make, and they may conflict with one another - where do you want to live, and where do you want to invest? 

In answering the where to live question, things about the quality of life things that are important to you and work backwards from there. Some regional cities that I personally would consider are Savannah, Beaufort, Wilmington, Columbia, Greenville, and Charlotte. This will be heavily driven by whats important to you, though. 

As far as where to invest, this will be driven by the kind of investing you want to do and your long-term goals. Do you want to buy and hold for long run appreciation, do you want day 1 cashflow, are you wanting to flip and stair-step into higher value properties, the list goes on. 

Both of these questions will be answered more clearly by nailing down and defining your goals and what youre trying to accomplish.

Personally, I will not be leaving Charleston unless this area drastically changes for the worse. Investing is tough here because its popular and saturated, but there are still good investments to be made. Life is about as good as it gets here, which is why it has become expensive. House hacking will provide you with an onramp, though, and make it much easier to get started. 

If youre not already attending the local meetups, that would be an excellent place to start. REI Central is Thursday night of this week (2/6), and there are a few other local meetups as well.

Happy to help any way I can. Reach out if needed. 

Post: Multi family loan

Patrick Roberts
Pro Member
#2 Private Lending & Conventional Mortgage Advice Contributor
Posted
  • Lender
  • Charleston, SC
  • Posts 489
  • Votes 369

20% down is available, 25% down will bring significantly better terms in a lot of cases. 

Post: The Most DANGEROUS Real Estate Investments for the “Amateur” Investor

Patrick Roberts
Pro Member
#2 Private Lending & Conventional Mortgage Advice Contributor
Posted
  • Lender
  • Charleston, SC
  • Posts 489
  • Votes 369
Quote from @Ken M.:
Quote from @Tracy Z. Rewey:
Quote from @Ken M.:
Quote from @Tracy Z. Rewey:
Quote from @Ken M.:
Quote from @Tracy Z. Rewey:
@Tracy Z. Rewey: What is the solution for a Due on Sale call when you buy using SubTo and sell using a Wrap?

Great question.  That (and insurance issues) are two big risks. All fancy footwork and tricky strategies aside (insert sarcasm)... the ultimate solution is to pay it off if it gets called due. 

It is one of the reasons I like a Wrap Note and Mortgage (or Deed of Trust).  If created correctly, it could be sold (in full or part) to a note investor that would payoff the underlying 1st from proceeds when they bought the wrap note. 

The other way to satisfy is to get the property owner to refinance but that is not always in your control.  With a properly written and qualified wrap note the seller of the property (that is the holder of the wrap note) still has an interest and an asset they can sell. A good attorney, RMLO, and servicing company play a big part of this.

.
@Tracy Z. ReweyYour Comment: "the ultimate solution is to pay it off if it gets called due."

Hint: Once you sell a property on a Wrap, it is no longer yours to sell or refinance.
So, are you saying "you pay off a property you no longer own" out of pocket?


How do you call a performing Wrap due, in order to cover the Due On Sale on a property you did a SubTo on if your buyer is within his rights on the Wrap?

Put another way,
1. You buy a property SubTo 
2. You sell the property to someone on a "Wrap"
3. The lender finds out the property has been sold, twice now, and exercises their rights under the Due On Sale and gives you 30 days to correct or they go to foreclosure.

What happens?
What do you do?

Hi Ken, You are right you no longer own the property when you sell on a wrap.  You now own the mortgagee's interest in the wrap mortgage and note (or the beneficial interest in the all inclusive deed of trust).  You are collecting payments on your wrap note and mortgage from the owner of the property and sending on some of the payment to the underlying lien holder (or better having your licensed servicer do this).

What you have to sell is the wrap mortgage to a note investor.  When note investors buy the rights to receive payments on the wrap mortgage, we will payoff the underlying lien out of proceeds. 

You are not selling the property.  You are selling the wrap mortgage to payoff the lien (that you owe if you were the seller on a wrap).

Probably 80% of the notes we buy we have a payoff to an underlying 1st lender where the seller on the seller financed note still owes money to a bank from when they bought the property. Once that payoff is made the wrap mortgage moves to first position. 

A wrap does NOT remove the risk of a due on sale clause being exercised by the 1st position lender.  It just gives a layer of protection to the property seller that they don't get with a straight sub to (without a wrap).

The other option is to encourage or help the property owner go and refinance.  As mentioned, that is not in your control.  But selling the wrap mortgage to a note buyer is in your control.  It is very important that the Wrap Mortgage is written at market terms using a knowledgeable attorney, an RMLO, and a servicing entity.

These have risk and I'm not saying a new investor should go out and do them.  My view is there is more protection on a wrap than a sub to and with the right disclosures and underwriting can be an alternative option.  I don't like a straight sub-to.  It is why it was first on my top 5 of current risks.

Feel free to DM me and I'll send you my 10 Tips for Wrap Mortgages along with a video from an attorney that knows this stuff. I've been at this since 1988 and have seen them go wonderfully well and horribly wrong. My mission is to have people use creative financing  safely, ethically, and legally.

@Tracy Z. Rewey: So, if someone takes over a $375,000 mortgage using SubTo on a property worth $400,000 and turns around and sells the property for $405,000 on a Wrap mortgage with a Note of $405,000 (full value) to someone else, he now has paper, not a house. 

Let's say things go wrong down the road, any profit from the Wrap has been spent of course, the DOS gets called. How much can he sell the Wrap mortgage for to an investor?

What is the discount on the Note and how much are closing costs?

Wouldn't the Note would have to sell for nearly 100% to cover the Due On Sale? How likely is that?

@Don Konipol Any thoughts?


@Chris Seveney: Is that a note you would buy?


@Ken M. Great question. That is the kind of wrap note that would be a miss in my book. If the property is worth $400,000, a note buyer will base their maximum ITV Investment To Value on that value. The first alone in your example is at a 94% LTV Loan To Value ($375,000 1st divided by $400,000 value) and the wrap mortgage is underwater at 101% LTV ($405,000 divided by $400,000 value). I'd be a pass. We want to see equity, seasoning, a quality borrower, and good terms. We also buy at a discount (pricing depending on those qualities). I don't know any note buyers that would fund enough to payoff the underlying 1st in that scenario.

That's exactly my point. Selling the Wrap Note is not a good solution to solving a Due On Sale. It sounds good in theory, but in practice is highly unlikely.

It works just fine if the operator knows what theyre doing and structures it correctly. In the example you outlined and in the case of what a lot of people are doing right now (super high LTV underlying, negative equity on wrap, 100% financing for the buyer, low note rate, etc), then no, this wont work, primarily because whomever created the wrap note is either an idiot or a fraud.

Post: FHA MIP loan

Patrick Roberts
Pro Member
#2 Private Lending & Conventional Mortgage Advice Contributor
Posted
  • Lender
  • Charleston, SC
  • Posts 489
  • Votes 369

Im not sure if you're referring to Up-Front Mortgage Insurance Premium (UFMIP) or the mortgage insurance that is paid monthly, just called MI (Mortgage Insurance). FHA loans have both.

All FHA loans will have UFMIP, which is 1.75% of the loan amount. This premium works exactly like points, but can be financed into the loan. Additionally, FHA loans also have MI paid monthly in the mortgage payment, which is usually either 0.5% or 0.55% of the loan amount (annual basis). It will depend on the amount of your downpayment/LTV at funding.

For FHA loans with less than 10% down, the monthly MI is permanent - it lasts the life of the loan, no matter the LTV down the road. If you put down 10% or more, the monthly MI can be cancelled after 11 years. Otherwise, you have to refi to get rid of it.

To answer your question - yes, you can refinance later on get rid of the monthly mortgage insurance by changing the loan type to conventional or something else. You will not be refunded any of the UFMIP if you refi unless you refi into another FHA loan, in which case you will receive a partial credit based on how long it's been. If you refi into another FHA loan, you will still have monthly MI.

Another point - FHA loans cannot be used for investment properties - they're for primary residences only. If you're househacking, it will work just fine in most cases, including a multifamily up to four units. If youre trying to buy an outright investment property, you cannot use an FHA loan.

Post: New Property Manager in Charleston – Excited to Connect!

Patrick Roberts
Pro Member
#2 Private Lending & Conventional Mortgage Advice Contributor
Posted
  • Lender
  • Charleston, SC
  • Posts 489
  • Votes 369

Welcome! Charleston (in my biased opinion) is one the best places to live in the country. Im sure you'll love it here. 

The CHS market is still fairly hot and active, although it has a slowed a little in recent months. Home price appreciation is still trending up, but cashflowing rentals are difficult to find for the most part. The entire region is growing rapidly. 

The REI community here is very active. There are several meetups and networking events every month. Check out REI Central and the CHS Circle.

Let me know if I can help with anything. Happy to provide insight or whatever. 

Post: The Most DANGEROUS Real Estate Investments for the “Amateur” Investor

Patrick Roberts
Pro Member
#2 Private Lending & Conventional Mortgage Advice Contributor
Posted
  • Lender
  • Charleston, SC
  • Posts 489
  • Votes 369
Quote from @Jay Hinrichs:
Quote from @Patrick Roberts:
Quote from @Jay Hinrichs:
Quote from @Patrick Roberts:
Quote from @Ken M.:
Quote from @Don Konipol:
Quote from @Ken M.:
Quote from @Tracy Z. Rewey:
@Tracy Z. Rewey: What is the solution for a Due on Sale call when you buy using SubTo and sell using a Wrap?

Great question.  That (and insurance issues) are two big risks. All fancy footwork and tricky strategies aside (insert sarcasm)... the ultimate solution is to pay it off if it gets called due. 

It is one of the reasons I like a Wrap Note and Mortgage (or Deed of Trust).  If created correctly, it could be sold (in full or part) to a note investor that would payoff the underlying 1st from proceeds when they bought the wrap note. 

The other way to satisfy is to get the property owner to refinance but that is not always in your control.  With a properly written and qualified wrap note the seller of the property (that is the holder of the wrap note) still has an interest and an asset they can sell. A good attorney, RMLO, and servicing company play a big part of this.

.
@Tracy Z. ReweyYour Comment: "the ultimate solution is to pay it off if it gets called due."

Hint: Once you sell a property on a Wrap, it is no longer yours to sell or refinance.
So, are you saying "you pay off a property you no longer own" out of pocket?


How do you call a performing Wrap due, in order to cover the Due On Sale on a property you did a SubTo on if your buyer is within his rights on the Wrap?

Put another way,
1. You buy a property SubTo 
2. You sell the property to someone on a "Wrap"
3. The lender finds out the property has been sold, twice now, and exercises their rights under the Due On Sale and gives you 30 days to correct or they go to foreclosure.

What happens?
What do you do?

I think the actual thought is to do a wrap INSTEAD of a sub to.  So, even if the loan amount is the same, and even if the interest rate is the same, with the terms mirroring the underlying mortgage, the seller will have (1) recourse to foreclose if the buyer stops paying (2) with payments going directly to the seller who then sends payment to the underlying lender the seller will know if and when the buyer has not made a payment, in which case they can choose to make the underlying mortgage payment and proceed to foreclosure, (3) the seller’s legal position is enhanced since he holds a debt security interest in the property (4) the seller may be able to wrap a higher amount than the underlying note and or a higher interest rate and (5) the seller’s credit position may be enhanced since he has the asset of the wrap note offsetting the underlying debt.  For example, with a sub to the seller still a liability for the mortgage note, but does not have the real property as an offsetting asset.  Utilizing a wrap he has a mortgage note as an asset to offset the mortgage he’s still responsible for on the property.  While institutional lenders would probably need a number years proof of collections before considering the income from the wrap, private lenders, such as myself would look upon the situation more favorably. 
.
@Don Konipol: For clarification, my point is that if someone from Morby's (or other Guru's) community buys a property using Subject To, they likely don't have funds. That is what is being taught. They now own a property. They owe payments. They think they can make a few bucks by increasing the payment and selling on a Wrap for a little more than they are buying to the next guy. All well and good. As long as the person they sell to, is making their payments, it works. If the person stops making payments, they alas,  have to foreclose. They scurry around to find funds to hire an attorney. The foreclosure process is not cheap or fast. They have carrying costs. Since you are very familiar with the process, you know what the lurkers do not know. There is a lot that goes on in the background.

NOW !! Taa da da
- what happens if the original lender enforces the Due On Sale?
The person who bought using "Subject To" has no money, no credit, that is why they bought using SubTo per the Guru's loquacious advice, along with 120 C notes they borrowed to take the "course". They further have to deal with the reality that they can't solve the problem by selling and paying off the lender to cure the DOS. They have already sold the property. They no longer own the property. You can't sell what you don't own. That is what a "Wrap" is all about. A sale.

If the person they sold to on a Wrap, is not in violation of the Deed of Trust, the seller can't foreclose.

If the Wrap buyer is not current, it takes a lot longer to foreclose on the Wrap than the SubTo buyer has available if the DOS has been called.

So, they try a hard money loan. The idea is to borrow the money to pay off the underlying lender to cure the Due On Sale. I am unaware of any hard money lender who will lend on a property someone no longer owns. The SubTo buyer no longer owns the property. He sold it on a Wrap.

There is no solution to this scenario. Other than to come up with $300,000 cash (or whatever the payoff is) to satisfy the underlying loan on a house the SubTo guy no longer owns. This is where the lender and original owner seek the investigation by the A.G., FTC, HUD and others and the FBI does actually get involved to see if there is a pattern. 

 @Ken M. if the Morby's subto wrapper cant payoff the underlying 1st position loan when it's accelerated because of the sale, then he/she would have to liquidate the wrap note (by selling the note) to generate the cash to payoff the underlying. Hopefully they structured the wrap note well and it sells for enough to payoff the underlying. If not, there will be big trouble. 

To your final point, though, my guess is that we will see a bloodbath before too much longer with the poorly structured Subto/wrap deals. I know of a couple people who are doing this very unscrupulously at the moment and have seen how they are structuring their deals. Basically unsellable wrap notes, blatant violations of Dodd Frank, borderline fraud, the list goes on. It's a ticking time bomb.


YUP anyone advocating this to the public is not doing the industry any favors to many bad apples and even if your the holier than though trainer etc etc.. the students are such that you cannot know who is going to be a bad apples and screw people.. having spent 40 years lending money to investors .. its the nicest ones up front that end up being bad apples. This stuff should not be publicized like this.. the danger to sellers is just too great.

 @Jay Hinrichs I know of one person who is buying high LTV preforeclosures Subto while theyre off market by paying the owners around $10k-$15k to walk away, quit claiming them into an entity, then seller-financing the entity holding title to the property to owner-occupants under the pretense that it's for commercial purposes on interest-only balloons at inflated values. He pockets the downpayment to cashout what little cash he puts into the deal and then makes the spread between the two loans. As much as I hate government and regulation, this kind of BS is why we have it.


 Yup thats just one guy and one example there is going to be some really bad stuff happen because of these so called trainers and again I lump everyone in to that so called trainer who is advocating this niche .. they should just keep it to themselves instead of making money selling how to do this.. its a trian wreck and a total stain on the industry.. Morby or anyone else advocating this and getting paid to train. 


 Yeah, when all of these eventually blow up and a bunch of consumers have their credit and finances wrecked and lose homes, my guess is that more regulation will come down to effectively ban Subto for residential mortgages

Post: The Most DANGEROUS Real Estate Investments for the “Amateur” Investor

Patrick Roberts
Pro Member
#2 Private Lending & Conventional Mortgage Advice Contributor
Posted
  • Lender
  • Charleston, SC
  • Posts 489
  • Votes 369
Quote from @Jay Hinrichs:
Quote from @Patrick Roberts:
Quote from @Ken M.:
Quote from @Don Konipol:
Quote from @Ken M.:
Quote from @Tracy Z. Rewey:
@Tracy Z. Rewey: What is the solution for a Due on Sale call when you buy using SubTo and sell using a Wrap?

Great question.  That (and insurance issues) are two big risks. All fancy footwork and tricky strategies aside (insert sarcasm)... the ultimate solution is to pay it off if it gets called due. 

It is one of the reasons I like a Wrap Note and Mortgage (or Deed of Trust).  If created correctly, it could be sold (in full or part) to a note investor that would payoff the underlying 1st from proceeds when they bought the wrap note. 

The other way to satisfy is to get the property owner to refinance but that is not always in your control.  With a properly written and qualified wrap note the seller of the property (that is the holder of the wrap note) still has an interest and an asset they can sell. A good attorney, RMLO, and servicing company play a big part of this.

.
@Tracy Z. ReweyYour Comment: "the ultimate solution is to pay it off if it gets called due."

Hint: Once you sell a property on a Wrap, it is no longer yours to sell or refinance.
So, are you saying "you pay off a property you no longer own" out of pocket?


How do you call a performing Wrap due, in order to cover the Due On Sale on a property you did a SubTo on if your buyer is within his rights on the Wrap?

Put another way,
1. You buy a property SubTo 
2. You sell the property to someone on a "Wrap"
3. The lender finds out the property has been sold, twice now, and exercises their rights under the Due On Sale and gives you 30 days to correct or they go to foreclosure.

What happens?
What do you do?

I think the actual thought is to do a wrap INSTEAD of a sub to.  So, even if the loan amount is the same, and even if the interest rate is the same, with the terms mirroring the underlying mortgage, the seller will have (1) recourse to foreclose if the buyer stops paying (2) with payments going directly to the seller who then sends payment to the underlying lender the seller will know if and when the buyer has not made a payment, in which case they can choose to make the underlying mortgage payment and proceed to foreclosure, (3) the seller’s legal position is enhanced since he holds a debt security interest in the property (4) the seller may be able to wrap a higher amount than the underlying note and or a higher interest rate and (5) the seller’s credit position may be enhanced since he has the asset of the wrap note offsetting the underlying debt.  For example, with a sub to the seller still a liability for the mortgage note, but does not have the real property as an offsetting asset.  Utilizing a wrap he has a mortgage note as an asset to offset the mortgage he’s still responsible for on the property.  While institutional lenders would probably need a number years proof of collections before considering the income from the wrap, private lenders, such as myself would look upon the situation more favorably. 
.
@Don Konipol: For clarification, my point is that if someone from Morby's (or other Guru's) community buys a property using Subject To, they likely don't have funds. That is what is being taught. They now own a property. They owe payments. They think they can make a few bucks by increasing the payment and selling on a Wrap for a little more than they are buying to the next guy. All well and good. As long as the person they sell to, is making their payments, it works. If the person stops making payments, they alas,  have to foreclose. They scurry around to find funds to hire an attorney. The foreclosure process is not cheap or fast. They have carrying costs. Since you are very familiar with the process, you know what the lurkers do not know. There is a lot that goes on in the background.

NOW !! Taa da da
- what happens if the original lender enforces the Due On Sale?
The person who bought using "Subject To" has no money, no credit, that is why they bought using SubTo per the Guru's loquacious advice, along with 120 C notes they borrowed to take the "course". They further have to deal with the reality that they can't solve the problem by selling and paying off the lender to cure the DOS. They have already sold the property. They no longer own the property. You can't sell what you don't own. That is what a "Wrap" is all about. A sale.

If the person they sold to on a Wrap, is not in violation of the Deed of Trust, the seller can't foreclose.

If the Wrap buyer is not current, it takes a lot longer to foreclose on the Wrap than the SubTo buyer has available if the DOS has been called.

So, they try a hard money loan. The idea is to borrow the money to pay off the underlying lender to cure the Due On Sale. I am unaware of any hard money lender who will lend on a property someone no longer owns. The SubTo buyer no longer owns the property. He sold it on a Wrap.

There is no solution to this scenario. Other than to come up with $300,000 cash (or whatever the payoff is) to satisfy the underlying loan on a house the SubTo guy no longer owns. This is where the lender and original owner seek the investigation by the A.G., FTC, HUD and others and the FBI does actually get involved to see if there is a pattern. 

 @Ken M. if the Morby's subto wrapper cant payoff the underlying 1st position loan when it's accelerated because of the sale, then he/she would have to liquidate the wrap note (by selling the note) to generate the cash to payoff the underlying. Hopefully they structured the wrap note well and it sells for enough to payoff the underlying. If not, there will be big trouble. 

To your final point, though, my guess is that we will see a bloodbath before too much longer with the poorly structured Subto/wrap deals. I know of a couple people who are doing this very unscrupulously at the moment and have seen how they are structuring their deals. Basically unsellable wrap notes, blatant violations of Dodd Frank, borderline fraud, the list goes on. It's a ticking time bomb.


YUP anyone advocating this to the public is not doing the industry any favors to many bad apples and even if your the holier than though trainer etc etc.. the students are such that you cannot know who is going to be a bad apples and screw people.. having spent 40 years lending money to investors .. its the nicest ones up front that end up being bad apples. This stuff should not be publicized like this.. the danger to sellers is just too great.

 @Jay Hinrichs I know of one person who is buying high LTV preforeclosures Subto while theyre off market by paying the owners around $10k-$15k to walk away, quit claiming them into an entity, then seller-financing the entity holding title to the property to owner-occupants under the pretense that it's for commercial purposes on interest-only balloons at inflated values. He pockets the downpayment to cashout what little cash he puts into the deal and then makes the spread between the two loans. As much as I hate government and regulation, this kind of BS is why we have it.

Post: The Most DANGEROUS Real Estate Investments for the “Amateur” Investor

Patrick Roberts
Pro Member
#2 Private Lending & Conventional Mortgage Advice Contributor
Posted
  • Lender
  • Charleston, SC
  • Posts 489
  • Votes 369
Quote from @Ken M.:
Quote from @Don Konipol:
Quote from @Ken M.:
Quote from @Tracy Z. Rewey:
@Tracy Z. Rewey: What is the solution for a Due on Sale call when you buy using SubTo and sell using a Wrap?

Great question.  That (and insurance issues) are two big risks. All fancy footwork and tricky strategies aside (insert sarcasm)... the ultimate solution is to pay it off if it gets called due. 

It is one of the reasons I like a Wrap Note and Mortgage (or Deed of Trust).  If created correctly, it could be sold (in full or part) to a note investor that would payoff the underlying 1st from proceeds when they bought the wrap note. 

The other way to satisfy is to get the property owner to refinance but that is not always in your control.  With a properly written and qualified wrap note the seller of the property (that is the holder of the wrap note) still has an interest and an asset they can sell. A good attorney, RMLO, and servicing company play a big part of this.

.
@Tracy Z. ReweyYour Comment: "the ultimate solution is to pay it off if it gets called due."

Hint: Once you sell a property on a Wrap, it is no longer yours to sell or refinance.
So, are you saying "you pay off a property you no longer own" out of pocket?


How do you call a performing Wrap due, in order to cover the Due On Sale on a property you did a SubTo on if your buyer is within his rights on the Wrap?

Put another way,
1. You buy a property SubTo 
2. You sell the property to someone on a "Wrap"
3. The lender finds out the property has been sold, twice now, and exercises their rights under the Due On Sale and gives you 30 days to correct or they go to foreclosure.

What happens?
What do you do?

I think the actual thought is to do a wrap INSTEAD of a sub to.  So, even if the loan amount is the same, and even if the interest rate is the same, with the terms mirroring the underlying mortgage, the seller will have (1) recourse to foreclose if the buyer stops paying (2) with payments going directly to the seller who then sends payment to the underlying lender the seller will know if and when the buyer has not made a payment, in which case they can choose to make the underlying mortgage payment and proceed to foreclosure, (3) the seller’s legal position is enhanced since he holds a debt security interest in the property (4) the seller may be able to wrap a higher amount than the underlying note and or a higher interest rate and (5) the seller’s credit position may be enhanced since he has the asset of the wrap note offsetting the underlying debt.  For example, with a sub to the seller still a liability for the mortgage note, but does not have the real property as an offsetting asset.  Utilizing a wrap he has a mortgage note as an asset to offset the mortgage he’s still responsible for on the property.  While institutional lenders would probably need a number years proof of collections before considering the income from the wrap, private lenders, such as myself would look upon the situation more favorably. 
.
@Don Konipol: For clarification, my point is that if someone from Morby's (or other Guru's) community buys a property using Subject To, they likely don't have funds. That is what is being taught. They now own a property. They owe payments. They think they can make a few bucks by increasing the payment and selling on a Wrap for a little more than they are buying to the next guy. All well and good. As long as the person they sell to, is making their payments, it works. If the person stops making payments, they alas,  have to foreclose. They scurry around to find funds to hire an attorney. The foreclosure process is not cheap or fast. They have carrying costs. Since you are very familiar with the process, you know what the lurkers do not know. There is a lot that goes on in the background.

NOW !! Taa da da
- what happens if the original lender enforces the Due On Sale?
The person who bought using "Subject To" has no money, no credit, that is why they bought using SubTo per the Guru's loquacious advice, along with 120 C notes they borrowed to take the "course". They further have to deal with the reality that they can't solve the problem by selling and paying off the lender to cure the DOS. They have already sold the property. They no longer own the property. You can't sell what you don't own. That is what a "Wrap" is all about. A sale.

If the person they sold to on a Wrap, is not in violation of the Deed of Trust, the seller can't foreclose.

If the Wrap buyer is not current, it takes a lot longer to foreclose on the Wrap than the SubTo buyer has available if the DOS has been called.

So, they try a hard money loan. The idea is to borrow the money to pay off the underlying lender to cure the Due On Sale. I am unaware of any hard money lender who will lend on a property someone no longer owns. The SubTo buyer no longer owns the property. He sold it on a Wrap.

There is no solution to this scenario. Other than to come up with $300,000 cash (or whatever the payoff is) to satisfy the underlying loan on a house the SubTo guy no longer owns. This is where the lender and original owner seek the investigation by the A.G., FTC, HUD and others and the FBI does actually get involved to see if there is a pattern. 

 @Ken M. if the Morby's subto wrapper cant payoff the underlying 1st position loan when it's accelerated because of the sale, then he/she would have to liquidate the wrap note (by selling the note) to generate the cash to payoff the underlying. Hopefully they structured the wrap note well and it sells for enough to payoff the underlying. If not, there will be big trouble. 

To your final point, though, my guess is that we will see a bloodbath before too much longer with the poorly structured Subto/wrap deals. I know of a couple people who are doing this very unscrupulously at the moment and have seen how they are structuring their deals. Basically unsellable wrap notes, blatant violations of Dodd Frank, borderline fraud, the list goes on. It's a ticking time bomb.

Post: The Most DANGEROUS Real Estate Investments for the “Amateur” Investor

Patrick Roberts
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Quote from @Ken M.:
Quote from @Tracy Z. Rewey:
@Tracy Z. Rewey: What is the solution for a Due on Sale call when you buy using SubTo and sell using a Wrap?

Great question.  That (and insurance issues) are two big risks. All fancy footwork and tricky strategies aside (insert sarcasm)... the ultimate solution is to pay it off if it gets called due. 

It is one of the reasons I like a Wrap Note and Mortgage (or Deed of Trust).  If created correctly, it could be sold (in full or part) to a note investor that would payoff the underlying 1st from proceeds when they bought the wrap note. 

The other way to satisfy is to get the property owner to refinance but that is not always in your control.  With a properly written and qualified wrap note the seller of the property (that is the holder of the wrap note) still has an interest and an asset they can sell. A good attorney, RMLO, and servicing company play a big part of this.

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@Tracy Z. ReweyYour Comment: "the ultimate solution is to pay it off if it gets called due."

Hint: Once you sell a property on a Wrap, it is no longer yours to sell or refinance.
So, are you saying "you pay off a property you no longer own" out of pocket?


How do you call a performing Wrap due, in order to cover the Due On Sale on a property you did a SubTo on if your buyer is within his rights on the Wrap?

Put another way,
1. You buy a property SubTo 
2. You sell the property to someone on a "Wrap"
3. The lender finds out the property has been sold, twice now, and exercises their rights under the Due On Sale and gives you 30 days to correct or they go to foreclosure.

What happens?
What do you do?


 Pay off the underlying with cash if you want to keep the wrap note in place, or sell your wrap note so that some of the proceeds can be used to pay off the underlying. A competent note buyer will direct that the underlying be retired at closing during the sale anyways. Hopefully you sell if for enough to be able to walk away without a loss.

Post: House hacking as a student

Patrick Roberts
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This would be an owner-occupied property, so you will need to show the ability to repay. On top of that, FHA has very strict and particular rules around income. Long story short, any owner-occupied property loan will require the borrower to show income that the lender can determine to be stable and predictable in their good-faith effort to confirm the ability to repay. 

If you do not have job or another sufficient source of stable, reliable income, then you'll need a coborrower with good income to be joint on the loan with you to bring the income component to the table. Also, HomeReady/HomePossible (Conventional loans) can be just as favorable for househacking but also bring Conventional Conforming income guidelines to the deal, rather than the more restrictive FHA guidelines.

Another thing to consider would be a multifamily property so that you could use the other tenants' rent payments as income. You'll most likely still need a coborrower at first, but may be able to refi them out of the deal in a year or two once you have qualifying experience and operating history - then you can likely use all of the rental income towards your gross income.