Skip to content
×
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
ANNUAL Save 16%
$32.50 /mo
$390 billed annualy
MONTHLY
$39 /mo
billed monthly
7 day free trial. Cancel anytime

Let's keep in touch

Subscribe to our newsletter for timely insights and actionable tips on your real estate journey.

By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions
×
Try Pro Features for Free
Start your 7 day free trial. Pick markets, find deals, analyze and manage properties.
Followed Discussions Followed Categories Followed People Followed Locations
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: T. Alan Ceshker

T. Alan Ceshker has started 4 posts and replied 87 times.

Post: Due On Sale Being Called!!

T. Alan Ceshker
Posted
  • Attorney
  • 3409 Executive Center Drive Ste 110 Austin, Texas 78731
  • Posts 89
  • Votes 92
Quote from @Account Closed:

I did a loan assumption that is currently a GIANT pain in the ***. I’m here to share my story for whatever that’s worth.

Over a year ago I did a wrap around mortgage on a place here in Phoenix at 3.5% over 27 years. Everything was smooth until it wasn’t. 6 months into it the tenant called and the toilet had failed in an upstairs bathroom. The house was flooded to the tune of $70,000 in repairs. 

No big deal, I worked with insurance and contractors to get the repairs done. Six months later my insurance dropped me and here is where it gets sticky. I got a new insurance policy at a higher rate. I let the original borrower know they needed to update the lender on the new insurance policy. 

The higher insurance premium required a higher escrow payment which the original borrower didn’t let me know.  A few months go by and unbeknownst to me the escrow account had now drawn negative which triggers the lender to no longer apply what’s considered a “partial” payment to them, given that I’m now paying less that what’s due given the escrow increase required but not relayed to me even though I expected it at some point.

Last month I’m on Zillow looking at the value of my properties. One of my properties says it’s going to auction in March because it’s being foreclosed on. My heart rate goes through the roof as I have about $90k in equity in that house. I reach out to the original borrower and ask them what’s going on. They weren’t paying attention to it, and why would they, it’s not their house anymore. 

They send over 3 months of notices from the bank. $10,000 has been collected by the lender and is in an “unapplied” status due to the short payments. They are foreclosing and are not open to discuss it. I call them, they won’t speak to me about the loan at all BECAUSE ITS NOT IN MY NAME. 

I have to sell it, but guess who has to request the payoff amount from the lender….thats right, the ORIGINAL borrower. So I am at the mercy of that person for basically EVERYTHING.

I am still waiting on that payoff amount 9 days later and am up against a clock where they have scheduled the home for sale at auction come March.

Take it all for what it's worth, I've learned plenty of lessons and made my share of mistakes. One thing is for sure, if I ever wrap another mortgage I am getting a POA to access the docs on the original loan so that I am never again at the mercy of that borrower to relay information. If it wasn't the insurance it would have been the property taxes. FFS

THE END. 

Let me know what you would have done differently?!




You are correct re the POA. Actually, to allow access it is an authorization. We use the POA to allow for signing escrow refunds and claim checks.

A couple other notes.  You also need to change all contact information to you - all email, phone, address.  Another thing is the insurance is sent to the bank from your insurance provider and the seller should never be needed as long as the documentation has been completed correctly.

This is why you must vet the law and title office you are closing with to make sure they know how to handle these transactions.  A law degree does not mean you know anything re wraps.

If worse comes to worse, you can stop the foreclosure with legal action - it costs some but you will not lose your equity.

I would not throw the baby out with the bath water re doing wraps and I do hope all works out for you.

Reach out if you need a referral to a good AZ attorney to help

Be careful out there guys

Alan 

Post: Rent out house and bleed for a while or sell it and hemorrhage once?

T. Alan Ceshker
Posted
  • Attorney
  • 3409 Executive Center Drive Ste 110 Austin, Texas 78731
  • Posts 89
  • Votes 92
Quote from @Drew Sygit:

@Ryan Mcpherson

BE VERY CAREFUL IF SELLING "SUBJECT-TO"!

It can be done ethically, but you need safeguards to confirm mortgage & possibly property tax payments made on-time, as well as insurance with you protected.
- Also, you need a legal way to take back the deed if buyer defaults!
- Land Contract would be better:)

Question: how are you going to lose $2500/month if you rent?
What did you pay for it?
What do you owe?
What is PITI?


Careful going outside state lines -- contract for deed is not allowed in Texas.

The loan documents always have right to foreclose and recover property.  Also, the foreclosure process in Texas is a quick 41 to 50 day process.

Lastly, Texas has passed mortgage wrap legislation to help on these.  Things are very different in Texas for wraps these days - different in a good way.

Stay safe out there

Alan

Post: Rent out house and bleed for a while or sell it and hemorrhage once?

T. Alan Ceshker
Posted
  • Attorney
  • 3409 Executive Center Drive Ste 110 Austin, Texas 78731
  • Posts 89
  • Votes 92
Quote from @Ryan Mcpherson:

Moved to Austin for work and purchased a home in 2021 with just under 4% interest rate. Due to circumstances at the time I was able to put 0% down without PMI. Fast forwards to 2025 and I need to move again for work. Since purchasing the home, housing market in my area has declined about 20%. This puts the home underwater.

I've calculated the following two options:

  1. To sell the house, it would cost me about $60,000
    out of pocket.
  2. To rent the home, I would lose about $2,500 per month (based on comparable rents in my area, property management fees, etc).

Both options loose the same amount by roughly 2 years, and by this time, I still will not have built up much more equity in the home to make selling it a break even unless there is price appreciation by then.

My dilemma is this: I speculate that my home will not appreciate much in the next 3-5 years due to the rapid pace of development in the surrounding area.

In 5-10+ years, maybe, but by then I'll have bled $150,000 - $300,000.

I have thought about this a lot and feel that I mar'-too close to the problem to see the best solution.

Any constructive advice would be much appreciated.


Ryan 

Sorry to hear of your situation - I will say it is somewhat common due to the market run up back then.

Shoot me your info and let me take a look at all.  I have several assumption buyers as well as some investors who pay above market for a 4% interest rate.

Thanks 

Alan

Post: **First Deal: Exploring Mortgage Assumption and Negotiation on a Competitive Property

T. Alan Ceshker
Posted
  • Attorney
  • 3409 Executive Center Drive Ste 110 Austin, Texas 78731
  • Posts 89
  • Votes 92

If in Texas, a lease purchase option longer than 180 days without consent from the lender to receive payment from the tenant/buyer is not possible.

Also, you can assume the obligations of a VA loan -- it is a non-qualified assumption - meaning the lender is not qualifying or approving of the assumption. The seller's entitlement amount stays tied up until paid off.

Post: **First Deal: Exploring Mortgage Assumption and Negotiation on a Competitive Property

T. Alan Ceshker
Posted
  • Attorney
  • 3409 Executive Center Drive Ste 110 Austin, Texas 78731
  • Posts 89
  • Votes 92
Quote from @David Ricketts:

Hello, everyone!

Excited to be diving deeper into real estate investing and making time for my first deal. I’ve been exploring various strategies to land a solid rental property, and I’m particularly interested in trying mortgage assumption for this one.

I'm currently looking at a property listed at $350K. It was originally purchased for around $150K in 2020, with a $50K HELOC added in 2022. I'm collaborating with an investor who can help cover the remaining balance, but since the property isn't in the best shape, and maybe fairly priced, but I'm evaluating how much room I might have to negotiate. It does seem competitively priced for the area.

If anyone has insights into how the existing HELOC might impact the mortgage assumption or tips for negotiating on a deal like this, I'd greatly appreciate it. Looking forward to hearing your thoughts!

Thanks in advance,
David

David

The home equity line of credit can be assumed -- it is cancelled with the bank at closing so no further funds can be obtained.

It is common and same as assuming a non-heloc mortgage.

Alan

Post: New to Real Estate Investing and Wholesaling

T. Alan Ceshker
Posted
  • Attorney
  • 3409 Executive Center Drive Ste 110 Austin, Texas 78731
  • Posts 89
  • Votes 92
Quote from @Zach Rumfield:

Hi BiggerPockets Community,

My name is Zach Rumfield, and I’m new to real estate and wholesaling. I’m currently based in the Houston market, looking to build connections with wholesalers, investors, agents, and others in the industry.

A little about me: I’m 25 years old, originally from Corpus Christi, Texas, and I now live in the Memorial area of Houston with my wonderful fiancée and our Maltipoo puppy. I’m a former college baseball player and retired professional ballroom dancer, with a passion for entrepreneurship and real estate investment. I’m also a big enthusiast for health and wellness, always striving to improve myself and learn more.

If anyone in the Houston market would like to connect or has any advice for someone just starting out, I’d love to hear from you!

Best regards,
Zach Rumfield

Zach

Welcome

Reach out to us and let us know what you are to focus on and we can send some info re the law and title side of things -- we have info on all investing methods and tips, tricks and pitfalls to watch for in all areas of investing

Thanks

Alan

Post: What can go wrong with Subject to Investing

T. Alan Ceshker
Posted
  • Attorney
  • 3409 Executive Center Drive Ste 110 Austin, Texas 78731
  • Posts 89
  • Votes 92
Quote from @H. Jack Miller:
Quote from @Chris Seveney:
Quote from @H. Jack Miller:

Seems a lot can go wrong with this and I wanted to speak with existing investors and see what has gone wrong with this in the past and how have then fixed it.


 Jack,

since you run Gelt and do private lending, think of being in first position on a loan with a private lender and that lender just randomly assigns the loan to someone else without advising you. Then that person sells the property to someone else and slaps a second on it. 


 We would not be happy at all. But people are still doing this all the time and I am trying to understand and learn about it.


2 things


Why would a wrapped lender be upset if the property is sold and another person is now also liable to make payments to the mortgage company?  Why would a 2nd hinder anything the first has before or after the 2nd being put in place?

The risks are:

- non payment by buyer and must foreclose

- lender calls the note due

The answer to the 1st is to make sure there is a good down payment so dollar wise this does not harm seller.

The answer tot he 2nd is to use a land trust and appear Garn St Germain compliant.

Just my 2 cents

Alan

Post: New Realtor looking to assist investors and invest for themselves

T. Alan Ceshker
Posted
  • Attorney
  • 3409 Executive Center Drive Ste 110 Austin, Texas 78731
  • Posts 89
  • Votes 92
Quote from @Erica Arce:

New to real estate with a few transactions under my belt. Starting my own investment journey and looking to begin acquiring more properties and learn from other investors here.  Also happy to assist others with their sales and acquisitions. 

Erica

We focus on closing investor transactions with our title office and educating via our law office.

Reach out and let us know how we can help

Thanks

Alan

Post: Real Estate Attorney referrals

T. Alan Ceshker
Posted
  • Attorney
  • 3409 Executive Center Drive Ste 110 Austin, Texas 78731
  • Posts 89
  • Votes 92

We close dozens and dozens of wraps/assumptions/sub tos every month.  Reach out and we can assist.

Post: Land Contract/Agreement for Deed instead of Novation for quick Flip

T. Alan Ceshker
Posted
  • Attorney
  • 3409 Executive Center Drive Ste 110 Austin, Texas 78731
  • Posts 89
  • Votes 92
Lots going on here.

Novations can be listed in Texas if done correctly.  Just cannot use the out of state guru novation documents.

A better structure is a JV agreement with a deed to the JV and investor controls JV.  It is cheaper, easier and more secure.  Reach out if you want an info doc on this.

Not getting title insurance is foolish.  Not getting at least a title search is off the wall crazy.

Land contracts/trusts will work but they are passive trusts and individual liability will continue.  They are also frowned upon by the title underwriters.

These types of investment strategies should only be pursued by seasoned investors that have done them a few dozen times or in close cooperation with a law and title office that knows these systems.

Be safe out there guys

Alan
1 2 3 4 5 6 7 8