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All Forum Posts by: Clifton Jones

Clifton Jones has started 10 posts and replied 83 times.

Post: Unrepresented Homeowner

Clifton JonesPosted
  • Investor
  • Melbourne, FL
  • Posts 90
  • Votes 39

I agree with Nick. If the homeowner goes to the realtor you are working with, then the realtor should represent the homeowner, not you. But, remember that if this property is a short sale, then getting the highest price for the property is not what the realtor is obligated to do.

The realtor is obligated to represent the best interests of the homeowner. Contrary to popular belief, that does not mean getting the highest offer. It is easy to show that referring the property to you without even putting it on the MLS is in the best interests of the homeowner, as long as you have a track record of closing deals (and getting the deficiencies waived).

Post: listing the property

Clifton JonesPosted
  • Investor
  • Melbourne, FL
  • Posts 90
  • Votes 39
Originally posted by Caleb Whitney:
I just got notice from lender that they want to see the listing agreement. I've heard that they can and do use the listing as a starting point for the BPO. If I list it should I list it at the lowest possible comps I can find? I would think that if we do this and show the BPO agent comps, repair estimate, other influential issues we should be able to get the property at around 72% FMV.


Caleb, I am not sure about the realtor laws where you live, but there is a difference between the Listing Agreement and the MLS listing in Florida. The lender requires the Listing Agreement, not the MLS listing.

Most of the time we receive the Listing Agreement from realtors, the area that shows the original list price is blank, which works for us. It does not provide the lender with any information on the realtor's opinion of the current market value, but satisfies their requirement that they have the listing agreement.

The comps are most important when working to get the BPO lower. See my blog on Getting A Lower BPO. If the BPO comes in too high, then you would present all of the comps to the lender, as well as repair estimates, to justify the reason you are disputing the BPO. Otherwise, presenting them is a waste of time, in most cases.

Post: Collecting Negotiation Fees on HUD

Clifton JonesPosted
  • Investor
  • Melbourne, FL
  • Posts 90
  • Votes 39
Originally posted by Caleb Whitney:
Originally posted by wheelhouse:



I'm not sure if I see the difference if the bank only cares about the net.


Right, so it really doesn’t matter if you get all the way to approval. I mean if the bank want a certain $$ net then it wouldn’t matter. Just means I’m renaming my spread.


If I have to go A-C, then I'll add a negotiation fee to the HUD, I try to get $2500.

The question here is at what point do you know you’ll go AC. If you step aside then I would think that your HUD1 is already submitted and if your neg. fee isn’t on the HUD you wouldn’t get it. So wouldn’t it make since to just go ahead and put it on there.


If a negotiator/investor is the one originally purchasing the property and steps aside as the buyer, then a new HUD-1 and new offer has to be presented to the lender, in all cases we have dealt with. So, that means that he can put the negotiation fee on the new HUD-1. We have done this multiple times. Unfortunately, we have always run into the lenders who will not pay third party fees (realtor commissions and title agency fees exempted).

When this happens, it is usually moved over to the buyer's side (with their permission) or comes out of the realtor's commission.

We make all realtors we work with sign a contract for negotiating the deal. Part of the contract states that if we purchase the property, then all negotiating fees are waived, but if a higher offer comes in, we will submit it and the negotiation fee is put on the HUD-1. If the lender refuses to pay, then the realtor would be responsible.

We suggest that the realtor put in the MLS that there will be a negotiation fee as part of the closing costs to the buyer. That way, all parties are informed before entering into any purchase agreement of the associated costs.

If the buyer refuses to pay that fee, then the realtor would ultimately be responsible for it, based on the negotiating contract we require. We also require a separate contract with each property.

That is a little over-simplified, as we will enter into a negotiating contract for investors that will cover all of the properties they send us. In those cases, the terms state that we are paid upon the receipt of the Acceptance Letter(s), regardless of whether the property actually closes.

The reason for this is that we have done all of the work we were paid to perform, once we receive the Acceptance Letter(s).

Post: Buying and Negotiating - Conflict of interest?

Clifton JonesPosted
  • Investor
  • Melbourne, FL
  • Posts 90
  • Votes 39

Justin, if she is helping you (and especially if you have already closed one deal with her), then bring up this issue with her. She may be willing to take over that account and work with you. It is a coin flip if you escalate to the supervisor.

We have had an issue similar to yours and escalated. This was with Freddie Mac itself, but from all appearances, Freddie Mac is no longer willing to sell properties to us in one of our DBA's because we ended up contacting not just the supervisors and upper management, but also our federal representatives.

That is a long story, but suffice it to say, we were not able to purchase that property and ever since, that DBA has not been able to purchase a Freddie backed property.

Other times, we have escalated and that has produced results.

The moral is always work at the lowest level until all of those resources have been exhausted. Then, and only then, escalate.

Post: Discussion on commission

Clifton JonesPosted
  • Investor
  • Melbourne, FL
  • Posts 90
  • Votes 39

The realtors you deal with who are complaining need to be asked exactly what they are expecting to do to earn the commission they believe they deserve. You can then explain that you are doing all the work to get the short sale approved, and the only thing they are expected to do is find an end buyer. This is nothing more than trying to sell a home that is not in short sale or foreclosure.

If they can not understand this, then you need to tell them that they do not appear to be somebody you want to work with. If they can not see the benefit to them, then are most likely not somebody who will bust their professional butts to make the sale anyway.

Post: Before ... and after

Clifton JonesPosted
  • Investor
  • Melbourne, FL
  • Posts 90
  • Votes 39

Congratulations. What you did was to think outside the box. This is a great mindset for a rehabber. There are many ways to reduce costs and work when you can think outside the box.

By the way, it looks great. Keep up the good work.

Post: Transactional funding + B-C...

Clifton JonesPosted
  • Investor
  • Melbourne, FL
  • Posts 90
  • Votes 39

The best way to find this out is to find what REO's are selling for in this area. If they are selling for more than $250K, then the likelihood of getting the short sale approved for that price is very low. If they are selling for $200K, then you have a high likelihood.

The lender will try to get the most they can from the property, so if they can get more by foreclosing and selling as an REO, then they will. The best answer to your question is to find out what the REO's are selling for.

Post: Short Sale Question...haha

Clifton JonesPosted
  • Investor
  • Melbourne, FL
  • Posts 90
  • Votes 39
Originally posted by Samuel Ksiazkieicz:
Thanks for the indepth reply. I understand it up to the part about influencing the BPO. Isnt the BPO being done after you make your offer? Do you mean you do this because the bank is not likely to take your first offer and will counter with the BPO?


As an investor, I never expect my first offer to be accepted. If it is, then I know I paid too much. No matter what the first offer is, the lender will have a BPO/appraisal done on the property. When this happens, we make sure we are there during the BPO. We talk with the agent/appraiser and try and build a trust with them.

We do not talk about the property, but about other issues, like sports, the market, anything that we feel will cause the BPO agent to point the BPO in our favor. Right before they leave, we start to walk back to the car, then stop and tell them that we almost forgot, but we have pulled the COMPs in the area and give them and any repair estimates we have to the agent.

We have a property that has been broken into twice now in the last 6 months while the homeowner was there. The state attorney issued a letter to the homeowner's lender that the state will not allow her to live in the property until after the trials, as the two people who broke in live two doors down and are out on bail.

In this case, when the BPO/appraisal is scheduled, we will be there and provide the letter from the attorney, the police reports, repair estimates, and COMPs. You will want to use the lowest COMPs you can find, but you will need at least three.

We had a BPO today and provided 8 COMPs. By providing that many, it makes it look like we were not cherry picking the COMPs to get the lowest in the area. (All of these COMPs were in the same price range, but there were others that were higher)

Regardless, any time you can influence the BPO in your favor, it is good for business. I will caution you to always be completely honest and ethical, but there are still ways to be both, while influencing the BPO. Just making the BPO agent into an acquaintance/friend can help influence the BPO.

Post: Short Sale Question...haha

Clifton JonesPosted
  • Investor
  • Melbourne, FL
  • Posts 90
  • Votes 39

One last thing, one of an investors proverbs is "If you are not embarrassed by your offer, it is too high."

Also, the offer will need to be explained to the homeowner, as they can and sometimes do feel insulted by our offers. We must explain to them that it is not a reflection on them or their property. The first offer is nothing more than an attempt to influence the lender to take an offer that is less than the true value of the property. You should also tactfully explain that whether the lender allowed the short sale for $1 or $1,000,000, it will not matter to the homeowner (as long as the deficiencies are waived and it is their primary residence), as they are not allowed to receive anything at close. You are helping them out by keeping them from going into foreclosure.

I applaud you for jumping in with both feet. It took us a while before we would pull the trigger and send out that first offer, but it is definitely worth the effort. Use this board and the people on here to help you in your business. We are all here to learn from one another.

Post: Short Sale Question...haha

Clifton JonesPosted
  • Investor
  • Melbourne, FL
  • Posts 90
  • Votes 39

Samuel, here is how we do it in our business. We pull all of the sold COMPS over the last 3 months. Even though we are not realtors, we can do this in our area because the Property Appraiser here is online and shows all properties sold.

Next, we go to Zillow and Cyber homes. We NEVER use these sites to determine the value of the property, but they are good places to identify additional COMPs. We have found that in our area Cyberhomes is usually fairly accurate, but you can not take that as gospel, since they do not necessarily use like COMPs all the time in their formula.

Once we have all of the COMPs in a 1 mile radius over the last 3 months, we average them, subtract what we feel repairs will cost, then multiply that by 70%. From this number, we subtract the profit we want to make from this deal and that will be the top amount we will offer for the property.

Let's take an example. You have a home that is worth $120,000 ARV. There is $25,000 needed in repairs (contractors estimate). You want to make $8,000 on the property. Now, we have all of the numbers we need to identify our highest offer, so that number would look like:

(($120,000-$25,000)*0.7)-$8,000=$58,500

That means our highest offer will be $58,500. Remember that the FMV is currently only $95,000 ($120,000-$25,000).

Now, we have come across properties that look extremely filthy and awful inside, but would not require a tremendous amount to fix up. We currently have one just like this. Our first offer on this property is $34,283. We never use numbers that can be evenly divided by 10 (i.e. $38,000). By using a non-conventional number, it appears to the lender that we have done due diligence and believe that is the true market value.

All of this is the easy part. The more challenging part is influencing the BPO/appraisal. That is where you make your money. The lower you can get that BPO to come in, the easier it is for you to purchase the property at a price that will allow you to make a profit.

Remember, the COMPs you use should be comparable to the property you are looking to purchase (i.e. +-10 years, +-200 sq ft, comparable bed/bath, in the last 3 months, less than a mile from the property being purchased).