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All Forum Posts by: Patrick Roberts

Patrick Roberts has started 4 posts and replied 859 times.

Post: Loan Options using Navy Stipend

Patrick Roberts
#1 Private Lending & Conventional Mortgage Advice Contributor
Posted
  • Lender
  • Charleston, SC
  • Posts 881
  • Votes 689

A couple things on this. First, you will need two years of work history to qualify. If youre just starting school and working, this will be an issue. Doesnt have to be two years of work in this particular job, but you need two years total.

Second, most school stipend/GI Bill BAH/education benefits cant be used because they are not considered stable and predictable. At a minium, they would need to be expected to continue for at least 3 years into the future and not be temporary in nature.

Not saying this cant be done, but this is the starting point.

Post: Funding for RAL purchase

Patrick Roberts
#1 Private Lending & Conventional Mortgage Advice Contributor
Posted
  • Lender
  • Charleston, SC
  • Posts 881
  • Votes 689
Quote from @Donna Givens:
Quote from @Patrick Roberts:

Equity from a partner/JV is likely the only way. The SBA recently changed rules around these programs. Borrower's have to bring their own funds (equity) to the project. Subordinated seller financing wont work, either.

Also, if you havent already talked with a lender about this, I recommend you do so. 90% LTV is rapidly turning into a unicorn.

Thanks, the lender I spoke with says borrowed, subordinated funds would be ok. It says this on the SBA website as well. 

 7a and 7a Express used to require a 5% minimum contribution from the borrower along with a subordinated seller carryback to make up the rest of the borrower's contribution to 10%. From what I understand, the program recently updated to where the seller carryback cannot receive any payments until the SBA-guaranteed first lien is paid in full, meaning your seller will have to wait a very long time to receive payments. My guess is not many sellers will agree to this. 

All of this is predicated on the lender giving 90% financing. In this environment, Id be shocked to see that kind of leverage unless you have decades of direct experience in that industry combined with a high tangible net worth and a healthy DSCR on the acquired business, similar to what Don was saying. CRE lending and bank exposure is in a rough spot right now - lenders are pulling back on leverage and risk across the board.

Brokers and loan originators/officers will say all kind of things to get you to put an app in so they can sell you on a different product. This is no different than the advertisements that are all over the place in every industry - "prices as low as X." The reality is very, very few people will get that as it's a unicorn offer that .001% of people qualify for. 

Post: Funding for RAL purchase

Patrick Roberts
#1 Private Lending & Conventional Mortgage Advice Contributor
Posted
  • Lender
  • Charleston, SC
  • Posts 881
  • Votes 689

Equity from a partner/JV is likely the only way. The SBA recently changed rules around these programs. Borrower's have to bring their own funds (equity) to the project. Subordinated seller financing wont work, either.

Also, if you havent already talked with a lender about this, I recommend you do so. 90% LTV is rapidly turning into a unicorn.

Post: Wholesaler laws becoming formalized and regulated its starting here in Oregon

Patrick Roberts
#1 Private Lending & Conventional Mortgage Advice Contributor
Posted
  • Lender
  • Charleston, SC
  • Posts 881
  • Votes 689
Quote from @Don Konipol:
Quote from @Jay Hinrichs:
@James Wise@Russell Brazil@James Hamling@Don Konipol

read below this is the disclosure that MUST be on all marketing pieces written or on internet that Oregon wholesalers must provide the public. This law went into effect this week.. In addition the wholesaler must have a Wholesalers license which requires Insurance and a bond much like a contractor.  No test required though like a RE agent..

Also note the carve out for those that might do land development.. where someone like me might tie up the dirt spend 10k or more ( usually though 50 to 100K) getting entitlements and flipping said contract to a builder developer. 

this is clearly directed at the SFR wholesaler and this disclosure also must be presented to the seller of the property prior to the wholesaler going into contract or any equitable interest they may have to flip said contract or property.. Of course if they close on the property FIRST then market it this is not required.. But double close is not going to work either I know a lot wholesalers rely on the double close to get around the laws as well.  be interesting to see if any of the wholesaler how to Gurus mention this to their Oregon students.



Only available to Cash Buyers who can close quickly. Buyer pays both (buyer's and seller's) sides of the closing costs. Offers to buy the rights to the purchase contract as written should be made "as-is", and without contingencies. No additional amendments will be made to the contract and assignment will not be subject to any additional conditions. RESIDENTIAL PROPERTY WHOLESALER WRITTEN DISCLOSUREThe person providing this disclosure is a Registered Residential Property Wholesaler. A Registered Residential Property Wholesaler is someone who markets residential property for which the wholesaler has only an equitable interest or an option to purchase and, at the time of marketing, has held such interest or option for fewer than 90 days and invested less than $10,000 in land development or improvement costs associated with the residential property.
A Registered Residential Property Wholesaler shall provide this disclosure:
• To any potential buyers and sellers before entering into a written contract for a residential property wholesale transaction;
• To any Broker or Principal Broker who is engaged to assist the property wholesaler in marketing or listing the property;
• To any Broker or Principal Broker who is assisting a potential buyer in purchasing the property; and
• In all advertising related to the property that is the subject of a residential property wholesale transaction.

The Registered Residential Property Wholesaler:
• Will only have or only has an equitable interest in the property being sold.
• Will not have or does not have legal title to the property and therefore may
not be able to directly transfer title to the buyer.
• Is not a licensed Broker or Principal Broker and therefore might not be
permitted to engage in professional real estate activity.
• Might not be a licensed appraisal specialist and therefore might not be
permitted to provide an opinion as to the value of the property.

DEFINITION OF EQUITABLE INTEREST A person who has an "Equitable interest” in a property means someone that has contracted with the current owner for the right to buy the property at a later date even though they don’t have legal title. The contract may allow the equitable interest holder to sell or transfer the right to purchase the property to someone else prior to close of escrow.

ASSIGNMENT OF INTEREST A Registered Residential Property Wholesaler may assign equitable interest to another party prior to closing for profit.

RIGHT OF CANCELLATION A seller or buyer who enters into a written contract for a residential property wholesale transaction may cancel the contract without penalty by delivery of a written notice of cancellation any time before 12 midnight at the end of the third business day after the receipt of the Residential Property Wholesaler Written Disclosure. The right of cancellation may not be waived. Upon cancellation, all earnest money or deposits shall be returned to the person who provided the earnest money or deposit.

CONSEQUENCES OF NON-DISCLOSURE TO SELLER If the Residential Property Wholesaler fails to provide a Residential Property Wholesaler Written Disclosure to the seller before entering into a written contract for a residential property wholesale transaction, the seller may terminate the contract at any time without penalty and retain any earnest money or deposit paid to the seller or deposited in escrow by the Registered Residential Property Wholesaler.
An escrow agent may disburse the earnest money or deposit to the seller without the need for separate written instructions from the Registered Residential Property Wholesaler if:
• The seller in writing asserts that the Residential Property Wholesaler Written Disclosure was not provided to the seller before entering into the written contract for the residential property wholesale transaction and demands disbursement to the seller of all deposits held by the escrow agent; and
• The seller has provided the escrow agent with a written release and indemnification against all liability arising from the disbursement of the earnest money and deposits to the seller.

LIABILITY FOR DAMAGES If the Registered Residential Property Wholesaler fails to provide a Residential Property Wholesaler Written Disclosure to the seller or buyer, and if the purchase and sale agreement is terminated as a result, the wholesaler shall be liable for damages incurred by seller and buyer.

LEGAL PROCEEDINGS AND RECOVERY OF COSTS In any mediation or arbitration proceeding or civil action between buyer and seller, between buyer and Registered Residential Property Wholesaler or between seller and Registered Residential Property Wholesaler that arises due to the Registered Residential Property Wholesaler’s failure to provide a Residential Property Wholesaler Written Disclosure before entering into a written contract for a residential property wholesale transaction as prescribed under this section, the prevailing party is entitled to recover all reasonable attorney fees, costs and expenses incurred at trial, on appeal, at mediation and at arbitration from the Residential Property Wholesaler.

How to file a complaint. If you believe a Residential Property Wholesaler has violated any governing statute or rule, you may file a complaint with the Oregon Real Estate Agency (OREA). OREA will review the complaint. In most cases, other people involved in the case, including the respondent, will be contacted. Based on the information received, OREA will determine whether to start an investigation.
Email Address: Dylan@coast2


 This whole bag of craziness can be avoided by just having a regulation that residential property sellers MUST be represented by an attorney. 


 I understand the sentiment, but the last thing I want is more regulation and more hands in the pot. A prudent seller would choose to be represented by an attorney in a situation such as this, but I dont want the government telling people they have to pay for an attorney for their own good just to sell their own house. 

I'd much rather see criminal laws that are aggressive when it comes to fraud and deceit/sleight of hand. If a property seller makes a poor decision voluntarily, then sucks to be them. But if a wholesaler/solicitor uses fraud or deceit/deception to gain consent where they wouldnt have otherwise gotten it from a party that was not deceived, then this could easily fall into the realm of fraud and criminal prosecution would be appropriate. Now, parsing out fraud and deception vs "sales tactics" will be tough, but that's the nature of the beast. 

I will caveat this with the fact that I am fiercely libertarian and detest the idea of the government being involved at all in a transaction between two parties, but that's just my $0.02. At the rate we're going, pretty soon we're going to need attorneys and government regulators to certify the purchase of a bagel for breakfast.

Post: Buying real estate with part time income

Patrick Roberts
#1 Private Lending & Conventional Mortgage Advice Contributor
Posted
  • Lender
  • Charleston, SC
  • Posts 881
  • Votes 689

For investment properties, look into DSCR loans. You'll still need good credit and 20%-ish as a downpayment, but this will address the lack of income problem. For a new primary residence or any kind of investment/vacation property on a Conventional loan, you'll need good personal income to qualify.

Post: Best HELOC option

Patrick Roberts
#1 Private Lending & Conventional Mortgage Advice Contributor
Posted
  • Lender
  • Charleston, SC
  • Posts 881
  • Votes 689

Local banks and credit unions will be your best bet. This process will include a traditional mortgage underwrite. 

Post: Investing in performing underwater notes

Patrick Roberts
#1 Private Lending & Conventional Mortgage Advice Contributor
Posted
  • Lender
  • Charleston, SC
  • Posts 881
  • Votes 689
Quote from @Jamie Bateman:

Interesting question, @Mike Day. A few things come to mind. First, how did the note become underwater? We haven't seen the massive drop in house prices that we say in 2008, which created so many underwater mortgages. So I would be concerned that the loan was poorly underwritten (low down payment?) or that it had been modified (UPB raised?) due to a prior default or something. Second, the fact that the negative equity may not be the reason for a default doesn't mean there won't be other factors that lead to a default. Third, there aren't many of these notes out there since so many homeowners are sitting on equity. I'd rather have a bigger pool to buy from.

With all of that said, I'd say your idea is basically a step toward investing in unsecured debt (on the spectrum of secured to unsecured). As long as you are okay with the higher risk, maybe it could work. As you said, the yields should be higher (due to a much greater purchase discount). 

For me, the collateral of mortgage notes is probably the thing I like most about this niche. The way I've lost the most $ in this space is by underestimating a property value. So, I'll stick to buying at 75% ITV or below. 


 This was my immediate thought - an underwater note in today's environment likely means it was poorly originated, which indicates other problems as well. 

Post: Investing in performing underwater notes

Patrick Roberts
#1 Private Lending & Conventional Mortgage Advice Contributor
Posted
  • Lender
  • Charleston, SC
  • Posts 881
  • Votes 689

If you're getting enough of a discount on the note purchase to provide sufficient equity coverage for you (not the borrower), then this likely mitigates much of the risk. Overall, though, I would think that the default rate will be higher on these in the long run as the borrower is much more likely to walk away if things get bad. Are these owner-occupied properties vs investors? At least with owner-occupied, there is usually some emotional equity that ties them to performing on the note. 

That being said, I personally wouldnt buy notes where my total investment is more than about 70% of the property's current value, which implies a massive discount on a note that is "performing". I doubt many sellers in today's environment are going to accept 30-40%+ discounts on performing notes. Maybe a partial if the yield is high enough?

I would also question why the note/property is underwater in the first place in today's environment.

Post: How do I use my $200k of equity to BRRR a new property

Patrick Roberts
#1 Private Lending & Conventional Mortgage Advice Contributor
Posted
  • Lender
  • Charleston, SC
  • Posts 881
  • Votes 689

If your credit isnt good enough for a Heloc, you'll likely have a hard time getting any kind of DSCR or permanent investment financing.

Post: Physician Getting Started with Real Estate

Patrick Roberts
#1 Private Lending & Conventional Mortgage Advice Contributor
Posted
  • Lender
  • Charleston, SC
  • Posts 881
  • Votes 689
Quote from @Justin David:

@Patrick Roberts awesome I'll have to make it over to a meeting. I grew up in BR but actually training in Jacksonville, FL with plans to move back once I'll be practicing. Still TBD which hospital. Hopefully one of the meetings lines up for when I come back home to visit family soon


 Awesome. July is pretty slow, but things are typically full speed for August at the meetups. It's two hours well spent. Lots of solid investors to network with.