@Account Closed, I hear you saying basically that you "feel" this would be a good deal even at a higher price point. In my experience feelings are tricky devils. They talk you into deals that may be no deal at all. Once the good feeling wears off you're left with a nasty sinking feeling.
Rather than search for clever ways of making your project work, why don't we just take a look at the numbers. Let's this by the numbers:
1) Why is the seller selling?
2) What is the property worth in its current condition with all it the problems, attributes and circumstances?
3) Why are the rents "significantly below market level"?
4) What is the NOI (Net Operating Income)?
5) What is currently owed on the property?
6) What do you expect to do with this property?
So, what is the seller planning to do with the proceeds? How long has he held the property? Could you assume his existing financing? If he has no plans to use the proceeds immediately and would be willing to carry back a mortgage for the difference between the price and what is owed, you may be able to make this work.
In order to make the seller finance option work we will want to know about the NOI. In its current condition would this property have a positive NOI? That is, would the gross income cover the gross expenses (all of them, including capital expenditures, vacancy, etc.) and still have money left over? If so, there could be a way to make this work.
Would the NOI cover the the assumed financing with money left over? The remainder after paying the existing mortgage is all you have to pay the seller carry debt service, so there has to be enough. AND this must be based on the current gross income, not the projected new rents! If this is the case, then there may be a way to make this work.
Once you've figured the NOI and subtracted the existing mortgage what is left is pretty much what the seller is getting on the property right now, but right now he's dealing with the property management and all the risk. You would be taking all that on and you need to get paid for it. You'll need to subtract the amount that you need to make in order to be willing to get out of the bed in the morning. If there's anything left, you may be able to make this work.
Could you structure the terms with the seller such that the amount remaining would pay the debt service to the seller? That means playing with the price, interest rate and term of the loan in order to get the monthly payments down to a point where it can be paid from the money remaining at the end of each month. If you can get that payment down below this "magic number", you'll actually cash flow. In that case you succeeded in making is work. Everyone wins and everyone is happy!
- Gross income - gross expenses = NOI
- NOI - 1st mortgage debt service - the amount you need to make = "magic number"
- "magic number" - debt service on the seller carry = cash flow
Over time the seller will make more money by carrying back the second, so you could in theory offer a lower price. Also, if the seller would carry for a longer term and/or at a lower interest rate, you could get the payment down to or below the "magic number".
As @Jeff Greenberg points out do not try to put anything over on anyone in the transaction. To do so may end up with you in front of a judge explaining that orange not really your best color and how you may like a different serial number for a name. Everyone would NOT be happy then.
So, to answer your original inquiry, yes, it is possible and it has been done before, but really it's pretty complicated and risky. If you analyze the numbers in a straight forward manner and find that price is the only objection, you might still be able to structure the deal to a close. "But I still don't have the down payment!" This can be tricky, it's true, but you might want to bring in a partner with experience in this area or someone who could put up the money for a piece of the action.
I like the way you're thinking. Keep looking for ways to create opportunities and you shall. Just be sure to do what you did this time and check with the folks on BP before you leap into anything.
Cheers!!