Archive for January, 2009

The Basics of Foreclosure “Short–Sales”

January 31, 2009 at 8:06 am · Filed under Foreclosure 'Short–Sales' ·Tagged , , ,

You will likely come across dozens of properties in foreclosure with little or no equity, that is, the seller owes at close to or more than the property is worth. In these situations, lenders are sometimes willing to accept less than the full amount due, commonly referred to a “short pay” or “short sale.”

Negotiating a short sale with the lender is a difficult process, generally because it is a daunting task finding a bank officer who has the authority to accept a discount. You will have to call around to locate the lender’s “Loss Mitigation Department”. More than likely, each lender you deal with will have a separate name for this department, so be patient when calling. Much like getting your phone bill corrected, you can expect the process to involve a lot of waiting on hold and being bounced around an intricate maze of automated voice mail systems. Once you get in touch with the right person, then the negotiating begins.

From the lender’s perspective, a short sale saves many of the costs associated with the foreclosure process – attorney fee’s, the eviction process, delays from borrower bankruptcy, damage to the property, costs associated with resale, etc. In a short sale scenario, the lender gets the property back faster, so it is able to cut its losses. Your job as the investor is to convince the lender that it will fare better by accepting less money now.

The lender will want some information about the property, the borrower and the deal he has made with you. Specifically, the lender wants to know what the property is worth. The lender will generally hire a local real estate broker or appraiser to evaluate the property (called a broker’s price opinion or “BPO”). You can also submit your own appraisal or comparable sales information. In addition you will want to offer as much specific negative information about the property as possible. Also, include some relevant information about the neighborhood and the local economy if things are bad (copies of newspaper articles with “bad news” may help). A contract’s bid for repair estimates should also be submitted, which, of course, should be the highest bid you can obtain!

The lender will also ask for financial information about the borrower. Sort of a backwards loan application, the borrower must prove that he is broke and unable to afford the payments. The borrower must show that he has no other source of income or assets to repay the loan. This process may involve as much, if not more paperwork than an original mortgage application! The borrower should submit a “hardship letter”, which is basically a sob story about how much financial trouble the borrower is in. This may require a little literary creativity, and some help on your part. Don’t lie, just paint a picture that doesn’t look good.

Finally, the lender generally wants to see a written contract between you and the seller. The lender wants to make sure the seller isn’t walking away with any cash from the deal. Generally, the contract must be written so that the buyer pays all costs associated with the transaction, so that the “net cash” to the seller is the exact amount of the short pay to the lender. A preliminary HUD-1 settlement statement is often requested, which can be difficult, since many title and escrow companies simple won’t prepare one in advance of closing. You can prepare your own HUD-1, and simply write “preliminary” on the top.

Don’t be surprised if your first short sale bid is rejected. Lenders aren’t emotionally attached to their properties, so they aren’t as likely to give you steal. Many short sales fall through if the BPO comes in too high, which is often the case. You can’t pull the wool over a lender’s eyes – if the property isn’t is need of serious repair, it is unlikely you can convince the lender the property is worth a whole lot less than the appraised value.

The process of the short sale is not that complicated, but the success or failure of the deal depends upon how you present it to the lender.  Many novice investors and realtors give up at short sales quickly because their first deal is rejected.  Like any business, short sales takes practice to get good.  Generally speaking, loss mitigators are pretty good at spotting an amateur investor.  If you know what you are doing, the loss mitigators are more likely to make a deal with you.

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Getting Started in Real Estate With Little or No Money

January 30, 2009 at 9:35 am · Filed under Getting Started in Real Estate ·Tagged , ,

You’ve seen the late-night infomercials with self-anointed gurus promising you millions in real estate profits with no money down. The truth is that many of these charlatans never made a dime in real estate, but instead built their fortunes through selling over-priced or useless information to unsophisticated investors suffering from insomnia.

Most of us are smart enough to realize that no real estate “system” is foolproof, and if anything seems too be good to be true, it probably is. However, that doesn’t mean that you need excellent credit and a surplus of cash to get started in real estate. Here are some strategies for financially-constrained aspiring investors to begin generating real estate cash flow.

You Don’t Have to Own a Property to Make Money From It – Be a Dealer

There are two types of quick-sale real estate investors – retailers and dealers. Retailers buy properties outright and sell them for a quick profit. Their risk is highest, but so is their potential reward. Contrary to the late-night realty televangelists, retailers typically need substantial cash for a down payment, and at least decent credit.

Dealers, by contrast, buy and sell contracts, not properties. They find bargain properties and sign purchase contracts with their sellers. Dealers then sell these purchase contracts to retailers, making a solid profit in the process. This is known as “assignment of contract.” Usually, the only cash required is the earnest money to secure the deal. A good dealer can then flip the contract for a quick $1,000 to $3,000 without ever taking possession of the deed.

Use a Double Closing for Greater Profit Potential

A double closing allows a dealer to earn a higher profit margin than an assignment of contract. With an assignment of contract, there is always potential that the deal will ultimately fall through. The dealer is protected in this case because she has already received her proceeds from the sale of the contract, but the retailer who buys the contract from her is wary of the deal falling through, and thus, will factor it into the price he is willing to pay. With a double closing, the dealer assumes more risk, because if the deal falls through, she receives nothing. However, with this greater risk comes a greater reward.

A double closing begins with the dealer signing a purchase contract with the property owner. Then the dealer signs a contract with the retailer, in which the retailer agrees to buy the property from the dealer at a higher price, and deposits that amount in escrow. The property owner signs the deed to the dealer, who then signs it to the retailer. The retailer then signs the loan documents, and the process is complete – the property owner is paid his asking price, and the dealer is paid the difference. Note that the dealer came to the table with no money, and her credit was never an issue.

Be a Scout – No Cash or Credit Required

In addition to dealers and retailers, scouts are a third type of real estate “flipper.” Instead of flipping actual properties or contracts, scouts flip information.

Scouts face even less risk than dealers, and have almost no cash or credit concerns. They simply gather information about distressed properties and sell it to interested dealers and retailers. In effect, scouts do the dirty work for real estate investors, and investors are willing to pay them handsomely for doing it. Typically a scout will gather the following data on a potential deal: The owner’s name and contact information, the asking price, information about the mortgage and whether payments are current, outstanding liens on the property, a photograph of the house, and pertinent information about the owner’s motivation to sell – i.e. is he in the middle of a divorce, foreclosure, job transfer, etc.

Investors typically pay scouts between $500 and $1,000 for good information, but what happens if an investor doesn’t pay? Simple – don’t take any more deals to them. Successful investors realize the value of good information, and they are more than willing to pay for it.

Take Over the Seller’s Mortgage Payments

Prior to 1989, almost all home loans were freely assumable. This meant that anyone could take over the payment of the loans without objection from the lender. However, due to a climate of rising interest rates that began in the late eighties, virtually all home loans issued since then contain a “due-on-sale” clause. This means that when ownership of a property is transferred, the lender can demand payment, in-full, of the outstanding loan.

However, “due-on-sale” is merely a clause – not a law. It is the lender’s prerogative as to whether or not this clause is exercised. If you buy a property and take over the loan payments, there is a distinct possibility that the lender won’t even notice. There’s an even greater chance that the lender will choose not to exercise the due-on-sale clause, so long as you make timely payments. After all, the cost of enforcing the clause is significant, and as long as the lender is being paid, it is unlikely to care who signs the monthly checks. Armed with this knowledge, you can potentially buy properties without a credit check.

Real Estate Success Always Requires an Investment

There are ways to profit from real estate without significant financial investment, however, that is not to say that success comes free and easy. At the very least, you will need to make a substantial investment in yourself. In order to succeed, you must be willing to work hard. Even with a million dollar real estate portfolio, your brain will always be your #1 asset. Be sure to invest in your education on a daily basis, and learn as much as possible about your local market, real estate law, and investment strategies.

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Beware of the ‘Wholesale’ Scam

January 30, 2009 at 8:23 am · Filed under 'Wholesale' Scam ·Tagged , ,

Every newbie investor hears that it is imperative to buy real estate “wholesale”, not retail.  The problem is, most newbies don’t know what a wholesale deal is, and there are a number of operators out there scamming newer investors with what they are representing as “wholesale” deals. Consider this a public service announcement and something to think about…

The following is a common scam I am seeing:

1. Scam-Investor makes a deal with a builder or developer on 30 new homes that are “appraised” at $215,000, but really worth $200,000 (if they were worth $215,000, they’d be selling regularly at $215k) Scam-Investor can buy them “wholesale” from the builder for $185k

2. Scam-Investor approaches newbie investor and says, “You can buy wholesale homes with no money down”… and I have access to lots of them!

3. Scam-Investor buys home from builder at $185k and flips to newbie investor for $195k Using a charade of fake down payments and passing money back to the buyer under the table (which is loan fraud), newbie investor ends up with a property worth $200k, with a “no money down” loan for $195k

4. Scam-Investor walks away with $10k, newbie investor has a house with almost no equity, and he thinks he has $20k in equity.

5. Newbie investor can’t rent house for breakeven cash flow, then tries to sell it for $215k, finally coming to the realization property is only worth $200k Newbie investor dumps property for $180k, losing $15k

This kind of activity is very profitable for the fast-talking scam artists who prey on the lazy, uneducated newbie investors. I deplore such scammers who prey on people, but I also must warn the newbie – “Buyer Beware”. There’s no shortcut to getting rich in real estate, and there’s no substitute for hard work, education and doing your own homework. If you trust others to find you wholesale deals without knowing what wholesale is, you deserve the lousy deals you get!

So, what is a “wholesale” deal? Well, wholesale means WELL below retail. Before you can figure out whether a deal is wholesale, you need to know what retail is. An appraisal is not retail. A tax assessment is not retail. Asking or listing price is not retail, and neither is a computerized “guestimate” from a free online comp website, like ZILLOW. Retail is what someone is willing to pay for a property based on average time on the market for similar houses. So, you need to get access to the MLS or a paid listing service to research similar houses in the neighborhood that have sold by ordinary means within the average time period for the market. Seller concessions, owner financing, builder concessions, financing concessions, real estate broker kickbacks and the like will skew the numbers, so look carefully.

Once you determine retail, then you can figure out wholesale. A house worth $200,000 retail is not a bargain at $192,000 in today’s market. In fact, it’s not a deal at $188,000 or even $185,000. In my market (Denver), a true wholesale deal means at least 15% off retail, closer to 20%. In your market, that might translate to 30% under market, or maybe 10% under market. The price range of houses you are dealing with also skews the figure, since higher-end homes tend to take longer to sell and you may need a larger discount. If the property needs repairs, then you need to get it EVEN CHEAPER. So, the formula should be X% under retail, LESS repairs, using a very conservative (high) repair figure. Having a local real estate agent, investor or mentor to give you a reality check is often helpful. And, make sure that person giving you advice does not have a stake in the deal.

Use your head, and don’t trust the values given to you by the person SELLING you the property! Do your own research and your own comps. If a person is telling you they have access to an unlimited number of “wholesale” deals, ask yourself, “How is this possible?” There’s no shortcut to success — as, Harvey Mackay says, “Beware of the Naked Man Who Offers You His Shirt”. I say, “Beware of the Homeless Man Who Offers You His House… for WHOLESALE”.

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How to Hire a Real Estate Attorney

January 29, 2009 at 1:39 pm · Filed under Real Estate Attorney ·Tagged , ,

No real estate course or seminar is a substitute for a good attorney. Finding a good real estate attorney may be difficult, since most attorneys are not themselves investors or familiar with creative transactions. Most attorneys will give you just enough advice to keep them from getting sued, but not enough advice to show you how to make more money out of a deal.

A good real estate attorney is one who advises you of the risks, suggest alternative ways of doing a transaction and charges a reasonable fee for doing so. A bad real estate attorney either says nothing, points out problems without offering solutions or systematically kill deals. This is why attorneys are frequently referred to as “deal killers”.

Ask other investors in your area who they use as an attorney. Join a local real estate investors association and ask for referrals. Ask local real estate agents and title companies for referrals. Do not open up the Yellow Pages and pick someone who simply CLAIMS to be a real estate expert.

When interviewing a potential attorney, ask the following questions:

» Do you own rental property?

» How many closings do you do per year?

» What kind of unusual transactions have you done recently?

» Have you done any evictions? Foreclosures? Zoning board appeals? Condo conversions?

» Can you explain to me the following concepts: lease/option, wraparound mortgage, installment land contract?

Get a feel for the experience and personality of the attorney. A good attorney on your side is worth his weight in gold, especially if he can do creative closings.

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What to Look for in an Apartment

January 29, 2009 at 11:30 am · Filed under Buying an Appartment

Finding an apartment to rent is a very time consuming and important venture. It may seem like a daunting task at first, but if one takes the time to become educated on the apartment options, the experience will be a lot more enjoyable. Too many people fail to inspect apartments thoroughly, and have a clear idea of what they want. As a result, the apartment shopping experience can often be disheartening. Looking for certain key elements in an apartment can make yield higher satisfaction.



When looking for an apartment, it is always best to have an idea of what you want. Figuring out certain price ranges before you start looking at apartments will save you a lot of time. Also, take into account what type of apartment you would be interested in. How many bedrooms and indoor square footage an apartment has is very important to most people. Also, try to get at least some kind of idea of what kind of neighborhood you are looking for. When searching for an apartment, you want something that will fit your needs.



Also think about the location. Location is very important because of schools, jobs, and neighbors. Some apartments may seem very alluring, but are located in inconvenient places, or in bad neighborhoods. Some neighborhoods have excessive noise and high crime rates. Better apartments will be far removed from these unpleasant elements. Sadly, the more expensive apartments are usually the apartments in better locations. This is an unavoidable fact, and should therefore be taken into consideration when searching for an apartment. Don’t let prices scare you into renting an apartment in a bad neighborhood.



Consider the owner and manager of the apartments. Find out if they have good reputations. The best managers are there for their tenants, and are always willing to help. The best owners charge a fair rent and avoid raising rent. Some of the best owners will offer the best deals on appliances and services. When visiting an apartment, don’t be afraid to ask tenants what they think about the landlord and owner. If all of the reviews are positive, then you may have found the apartment for you.



Look for apartments that have similar neighbors. If you are a bachelor, then you might enjoy having neighbors who are single. If you have kids, then it is always a great idea to look for a family-oriented apartment complex. If you live near people with similar backgrounds, you are more likely to form friendships, endure fewer conflicts, and have a more fulfilling living experience.



Finally, consider the appearance of the apartment. Some apartments look lackluster and seem dirty and unappealing. A good owner will take pride in his or her apartment complex. The best apartment complexes have nice landscaping, paint jobs, trees, and many other appealing elements. Most people want to be proud of where they live. Looking for a well run, appealing apartment is always a great idea.



There are many qualities to look for in an apartment. Consider location, cost, and the reputation of the manager and owner. Don’t be fooled by cheap apartments, or special deals. Having a clear idea of what you are looking for, and how you will get it will make your apartment search not only more effective, but also more enjoyable.

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