Skip to content
×
PRO
Pro Members Get Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here
Pick markets, find deals, analyze and manage properties. Try BiggerPockets PRO.
x
All Forum Categories
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

All Forum Posts by: Ralph Pombo

Ralph Pombo has started 8 posts and replied 80 times.

Here is the link to Pace Morby's description of Due on Sale Insurance.

This is a result of direct communication with the company:
"first of all this is not an Insurance, our Company works with the Mortgage
Company in the event the Due on Sale Clause is exercised, as real estate investors there is a great deal of opportunities in “subject to” transactions. However, currently the “subject to” is always subject to the existing mortgage company exercising their legal rights to foreclose on the subject property based on the “Due On Sale Clause” which is contained in all mortgages and/or deeds of trust on real property.
We make it easier for you to close with the seller, we provide you documentation to share with them to ease the fear of the Due on Sale clause.
Equity Assurance, LLC, in the event that the existing unsatisfied mortgage that is to remain in place after the transaction has completed decides to exercise their rights under the aforementioned "Due On Sale Clause".In the event, that the "Due On Sale Clause" foreclosure is initiated by the existing mortgage company and/or bank, Equity Assurance, LLC will interject into the foreclosure transaction to work with you on the "Due On Sale Clause" for the investor by assuring that the covered loan and terms will remain in place. We have never been unsuccessful in this process. We have your back with many years of working with Mortgage Companies and investors, we have a team that is professional and is great at negotiating and being on your team. We also work with you on making sure you have all your Documents in place and you are communicating the right information to the seller and the Mortgage Company. Cost of this service is 1.25% of the original Mortgage amount example ($200,000 = $2,500), no other charges. Minimum charge $500.00"

Post: "Subject To" advice please

Ralph PomboPosted
  • Posts 90
  • Votes 28

As a side note to this conversation, tell me how income tax would work on a sub-to property. Does the seller retain all interest write offs? Does the buyer still get depreciation, write offs for maintenance, other write offs? Sorry, but this is my first sub-to purchase.

Post: "Subject To" advice please

Ralph PomboPosted
  • Posts 90
  • Votes 28
Quote from @Abram Torres:

@Ralph Pombo From my knowledge, using a 3rd party servicing company for payments. & adding yourself to the insurance policy the seller has and add your own for extra security but not required. Those are the 2 major ones I've learned from Sub2 Community.


Yes, I agree. I will be added to all insurance and the address for all communication with the mortgage company will also be sent to my address and not to the current address. Thank you for the suggestions.

Post: "Subject To" advice please

Ralph PomboPosted
  • Posts 90
  • Votes 28
Quote from @Jay Hinrichs:
Quote from @Ralph Pombo:
Quote from @Jay Hinrichs:
Quote from @Ralph Pombo:
Quote from @Stephanie P.:
Quote from @Ralph Pombo:

I could use some quick advice on a "subject to" since I have never done one before. This is a killer deal that will last less than 24 hours. I have a wholesaler that found a subject-to at a great price. There will be some cash up front by me, but I will take over the loan. The seller keeps the loan in their name, the deed goes into my name, but I have power of attorney to pay the loan. Tell me what to look for and which questions to ask. Any advice is welcome. Thank you.


Lots of pitfalls on this one.

If the deed is going in your name, the due on sale clause will be triggered. This isn't a case where the owner has an single member LLC and needs to transfer it from himself to his LLC, he's trying to sell you the property with financing that's not his to give. Ultimately, you'll have to qualify to take over the loan; it's not a given. The power of attorney will have to be approved by the lender.

Just one girl's opinion.

Stephanie

So then what if you are buying under a trust? I have heard of people that do sub-to purchases all of the time without triggering the due-at-sale clause. If you are keeping up with the payments and no red flags are ever raised, why would they ever call the loan. They want to be paid and that is the main goal isn't it?

Keep in mind what you have in 95% of mortgages are events of default and one event of default is alienation of title which happens when you do a sub too. Now the lender at the Lenders SOLE discretion can then call all sums due and payable and or enter into a foreclosure.  Other events of default are non payment of property tax's  Waste and a few others.. but you get the drift.  in reality you as the buyer has no real risk other than the few bucks your putting up to buy it.. the real risk is on the seller.. the risk of their credit getting trashed if yo dont make the payments and they dont have the money etc.

Most sellers should NEVER EVER do a sub too deal because of risk.
Jay, I like your reasoning. That makes perfect sense. Thank you.

I have done quite a few sub too's in my day. and I have seen many go  very bad for sellers in my day..  The buyer should have the ability to cash out the senior loan with either a quick refi or CASH out of pocket .. if they dont or cant.. then well its just another situation that could end up in a real mess.

 Luckily, refinancing is not an issue for us. We would take a huge hit on cash flow if refinanced today, but that is about the worst case in regards to that. The current loan is a low rate and that is one of the most appealing things about this deal.

Post: "Subject To" advice please

Ralph PomboPosted
  • Posts 90
  • Votes 28
Quote from @Eliott Elias:

Look at your interest-rate, loan maturity, balloon if there is one, monthly payments and potential rents.


Yes, these are all being addressed. Thank you.

Post: "Subject To" advice please

Ralph PomboPosted
  • Posts 90
  • Votes 28
Quote from @Jay Hinrichs:
Quote from @Ralph Pombo:
Quote from @Stephanie P.:
Quote from @Ralph Pombo:

I could use some quick advice on a "subject to" since I have never done one before. This is a killer deal that will last less than 24 hours. I have a wholesaler that found a subject-to at a great price. There will be some cash up front by me, but I will take over the loan. The seller keeps the loan in their name, the deed goes into my name, but I have power of attorney to pay the loan. Tell me what to look for and which questions to ask. Any advice is welcome. Thank you.


Lots of pitfalls on this one.

If the deed is going in your name, the due on sale clause will be triggered. This isn't a case where the owner has an single member LLC and needs to transfer it from himself to his LLC, he's trying to sell you the property with financing that's not his to give. Ultimately, you'll have to qualify to take over the loan; it's not a given. The power of attorney will have to be approved by the lender.

Just one girl's opinion.

Stephanie

So then what if you are buying under a trust? I have heard of people that do sub-to purchases all of the time without triggering the due-at-sale clause. If you are keeping up with the payments and no red flags are ever raised, why would they ever call the loan. They want to be paid and that is the main goal isn't it?

Keep in mind what you have in 95% of mortgages are events of default and one event of default is alienation of title which happens when you do a sub too. Now the lender at the Lenders SOLE discretion can then call all sums due and payable and or enter into a foreclosure.  Other events of default are non payment of property tax's  Waste and a few others.. but you get the drift.  in reality you as the buyer has no real risk other than the few bucks your putting up to buy it.. the real risk is on the seller.. the risk of their credit getting trashed if yo dont make the payments and they dont have the money etc.

Most sellers should NEVER EVER do a sub too deal because of risk.
Jay, I like your reasoning. That makes perfect sense. Thank you.

Post: "Subject To" advice please

Ralph PomboPosted
  • Posts 90
  • Votes 28
Quote from @Stephanie P.:
Quote from @Ralph Pombo:

I could use some quick advice on a "subject to" since I have never done one before. This is a killer deal that will last less than 24 hours. I have a wholesaler that found a subject-to at a great price. There will be some cash up front by me, but I will take over the loan. The seller keeps the loan in their name, the deed goes into my name, but I have power of attorney to pay the loan. Tell me what to look for and which questions to ask. Any advice is welcome. Thank you.


Lots of pitfalls on this one.

If the deed is going in your name, the due on sale clause will be triggered. This isn't a case where the owner has an single member LLC and needs to transfer it from himself to his LLC, he's trying to sell you the property with financing that's not his to give. Ultimately, you'll have to qualify to take over the loan; it's not a given. The power of attorney will have to be approved by the lender.

Just one girl's opinion.

Stephanie

So then what if you are buying under a trust? I have heard of people that do sub-to purchases all of the time without triggering the due-at-sale clause. If you are keeping up with the payments and no red flags are ever raised, why would they ever call the loan. They want to be paid and that is the main goal isn't it?

Post: "Subject To" advice please

Ralph PomboPosted
  • Posts 90
  • Votes 28
Quote from @Wayne Brooks:

@Ralph Pombo 
Do a Thorough tile search and get title insurance. Most states have required disclosure documents a seller must sign. 


Oh yes, that is a given in this situation. My main concern, now that I am doing a research deep dive, is the "due at sale" clause.

Post: "Subject To" advice please

Ralph PomboPosted
  • Posts 90
  • Votes 28
Quote from @Ralph Pombo:

I could use some quick advice on a "subject to" since I have never done one before. This is a killer deal that will last less than 24 hours. I have a wholesaler that found a subject-to at a great price. There will be some cash up front by me, but I will take over the loan. The seller keeps the loan in their name, the deed goes into my name, but I have power of attorney to pay the loan. Tell me what to look for and which questions to ask. Any advice is welcome. Thank you.


Do I get the tax write offs associated with a property purchased this way?