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All Forum Posts by: Jonathan B.

Jonathan B. has started 71 posts and replied 166 times.

Post: Tax deed auction - Overages/surplus question

Jonathan B.Posted
  • Southeast
  • Posts 172
  • Votes 13

Hi Guys

In tax deed auctions, are the overages/surplus funds from a successful bid being used primarily towards paying existing Municipal liens / utility liens or any other survived lien before an owner can have a claim to it?

so If my bid was overall higher then the overall outstanding surviving, liens that would satisfy and I won't have to come out of pocket on-top that..? Would that be correct?

thanks

Post: Buying 2nd position mortgage - at Auction

Jonathan B.Posted
  • Southeast
  • Posts 172
  • Votes 13
Originally posted by @Ron S.:
Originally posted by @Christopher Winkler:

What you said would not happen...

I think you are confused.

You said the first would bid on the 2nd. They won't. That didn't happen to you. That would not make any sense. If you want to continue to be cryptic with your two word responses, by all means, continue but without detailing your experience, you are eroding the possibility of any of us having any insight to what it is you are saying happened, or warning us about what could happen, that i'm refuting (Based on what you wrote). Anything is possible but its highly improbable that what you said happened, happened. 

I've only been doing foreclosure sales for 25 years so, i admit, there might be something I've missed, and would really appreciate the education you are offering to all of us rookies.

 So what you are asserting is that it won't make any sense for the 1stnto bid the junior sale to reach up to current 1st balance, as if they wanted to foreclose, they could just do it and erase the 2nd, disregarding the judgement balance what so ever 

Post: Buying 2nd position mortgage - at Auction

Jonathan B.Posted
  • Southeast
  • Posts 172
  • Votes 13
Originally posted by @Christopher Winkler:
Originally posted by @Rick Pozos:

@Jonathan B. if the owner is unreachable or you do not want to reach out to them, you will never be able to make a payment on the 1st. You will not know the account #, the amount, balance, is it escrowed, etc. You have to talk with the first or the owner if you want to do something.

Before the 1st forecloses on the mortgage, you may be able to clean up the house and get a contract on it to sell. The 1st MAY talk with you or your title company then.

If they started foreclosure as the 2nd, the owner of the senior knows about it and possibly has been in touch with the owner of the 2nd. Or not. Expect the first to possibly bid at sale up to their loan also and also other bidders if there is a lot of equity.

An O&E report or county search would identify the owner of the first and you can start hunting them down that way. With the sale there are so many variables. Good luck & let us know how it goes...

I know who is the senior, the question is if they will even have any interest or statue obligation to a payoff by me..

Post: Buying 2nd position mortgage - at Auction

Jonathan B.Posted
  • Southeast
  • Posts 172
  • Votes 13
Originally posted by @Ron S.:

If you purchase from the 2nd lien-holder's foreclosure, you have statutory rights to obtain a payoff from the senior lien holder and, they have a statutory obligation to provide you with that payoff within a reasonable period of time. Don't count on them being aware of it. Count on having to get the crayons out and connect the dots for them with clear, threatening but nice language in your request. I have to do this all the time when i foreclose as a junior lien holder and then go to pay the senior off.

Be aware, they don't, don't have to, and won't negotiate one dime with you, and will throw every single nickle and dime fee they can get away with on the demand to you but they will have to comply eventually. 

Thanks, thought so.. will I have to get a letter of authorization from the current owner for bank to discuss? Or being the 2nd lien has me exempt as long as I prove ownership of it..?

another note, does buying the 2nd note gives you title to the property, similar to buying HOA lien? Allowing me to evict?

thanks

Post: Buying 2nd position mortgage - at Auction

Jonathan B.Posted
  • Southeast
  • Posts 172
  • Votes 13

Post: Buying 2nd position mortgage - at Auction

Jonathan B.Posted
  • Southeast
  • Posts 172
  • Votes 13

Big banks.. most likely won't be able to reach out,

owner is unreachable

thanks alot

Post: Buying 2nd position mortgage - at Auction

Jonathan B.Posted
  • Southeast
  • Posts 172
  • Votes 13

Hi Guys,

I have been buying and attending auctions for a while, 

there is a property i am doing my dd on that has a 2nd mortgage foreclosing on it, with 1st still current. 

I haven't attempted to buy a 2nd lien position before, trying to wrap my ahead around the strategy-


here is the deal i am looking at:

1st position lien: 

2004 balance of $36,000, to date - 1st hasn't issued any default notices so i am guessing it is current.

2nd position lien:

2007 balance of $35,000, Foreclosing lien @ Final judgement of $62,000.

there are no other superior liens such IRS etc..

ARV is about $150,000, so good equity if ill be able to buy below judgement.

I am assuming that buying the 2nd position loan will give me title the property subject to the 1st loan..

will i be able to directly negotiate a payoff with 1st lender ? 

what are the potential setbacks on buying 2nd position.


Thanks for insights.

Originally posted by @Eric Johnson:

@Jonathan B. It totally depends on what your needs are. You can really only go to a local bank or credit union if your income and DTI supports the loan requests as they calculate global borrower financials (I know this because this is what I do for a living). However, if they're only using the asset to qualify and not looking at personal income. I think 6.50% is accurate pricing, especially in today's market. However, I do 30 year amortizations and 10 yr fixed term... 20 year am sounds a bit short.

 Thanks,

I PMd you Eric

Originally posted by @Jaysen Medhurst:

No thanks, @Jonathan B.. I'm seeing rates in the 4s. 20-year term with the rate adjustment is pretty standard on commercial mortgages. Talk with some local CUs. One near us recently quoted 4.75%, 30-year amortization, 15-year term, 5-year rate adjustments.

great, is that under an LLC or your personal name?

Hi Guys,

pulling cash out of 2 sfr, Local bank is offering 6-6.25% loan, 20 years @ 5 year fixed, adjusts every 5 years..

What is your opinion on what ive been offered?

is it standard / expensive?

thanks