Real Estate Investing Training Video Wholesale Deal Part 1
Posted by: admin Post date: December 5th, 2009
www.localmentor.com host Michael Jake shows how a wholesale house flip happens. A walk through of a typical REO, Bank Owned House, Estate House, tired rental property, and how the deal was Found, How it was Funded, and how the profit was made and how much! Learn more Colorado Creative Real Estate Investing Techniques at www.localmentor.com
Legal Defenses to Foreclosure
Posted by: admin Post date: November 25th, 2009
1. Truth in Lending Act (TILA) violations enabling rescission. If your loan is a refinance, the bank must have provided you a set of disclosures at the time of closing. If these disclosures are inaccurate, the loan is statutorily rescindable under TILA. For example, in a foreclosure action, the finance charge must have been accurate within $35 or the loan may be rescindable. This means the loan is cancelled and all money paid to the lender is refunded.
2. Truth in Lending Act (TILA) violations enabling damages. If you purchased the property with the loan or used the proceeds to refinance and proper disclosures were not given, then you may be entitled to money damages to offset the foreclosure.
3. Home Ownership and Equity Protection Act (HOEPA). This is a very powerful federal law governing high cost refinance loans. If your loan is under $150,000 or the initial rate was above 8%, you should evaluate your loan for violations of this act. Violations here enable rescission and substantial money damages that can be in excess of the loan’s dollar amount.
4. Failure to Provide a Correct Notice of the Right to Rescind. There is a specific notice that must be provided to refinance customers at closing. If this form is inaccurate or incorrect, the loan is rescindable up to three years after the closing date.
5. Breach of Contract. Many times the lender will do things that are unfair or unjustified before starting the foreclosure process. Just as you have an obligation to pay the mortgage, the lender has a responsibility not to interfere with your ability to do so – like force placing insurance making the payments substantially more expensive than they should have been.
6. Real Estate Settlement Procedures Act. This federal law governs many types of disclosures that lenders must provide at the time of closing, in addition to prohibiting things like kickbacks and unearned fees. It enables damages, and sometimes rescission if the error triggers TILA.
7. Fair Debt Collection Practices Act. This federal law requires servicers or lenders who obtain the mortgage after default follow specific protocol in attempting to collect on the debt. A failure to follow this law enables statutory damages and attorney’s fees.
8. Fair Credit Reporting Act. This federal law governs lenders ability to report information about the mortgage and requires the accurate reporting of negative information. Violations of this act also enables damages and attorney’s fees. Punitive damages might be available under this act.
9. Real party in interest. This is a procedural defense to foreclosure that can be extremely effective at stopping the lender’s ability to foreclose. It essentially questions the ownership of the mortgage and questions whether the foreclosing party is, in fact, the holder of the mortgage and note.
10. Unconscionability. This defense is focused on the events surrounding the creation and closing of the mortgage loan. A violation here gives the court great leeway in deciding whether the mortgage should be voided or changed.
11. Failure to state a claim upon which relief can be granted. This general defense attacks the lender’s ability to foreclose and is can be used in conjunction with one of the other foreclosure defenses.
12. Failure to establish conditions precedent. Want to get a foreclosure action thrown out of court right away? Use this defense that attacks the lender’s pre-foreclosure processes.
13. Failure to comply with FHA pre-foreclosure requirements. FHA requires every lender to mail a booklet called “How to Avoid Foreclosure” and set up a face-to-face meeting with the borrower before foreclosing (in most cases). If the lender does not take these steps, then it cannot foreclose.
By: Foreclosure Fight
About the Author:
The author of 23 Legal Defenses to Foreclosure has identified over 50 legal defenses to foreclosure (23 with detailed explanations).
- No Comments - Tags: Bank 1, Breach Of Contract, Closing Date, Disclosures, Equity Protection Act, Estate Settlement, Finance Charge, Foreclosure Action, Foreclosure Process, Home Ownership And Equity Protection Act, Initial Rate, Kickbacks, Legal Defenses, Lenders, Money Damages, Proceeds, Rescission, Settlement Procedures, Substantial Money, Truth In Lending, Truth In Lending Act
Subject To- Investing With No Money Down
Posted by: admin Post date: November 12th, 2009
Whether you are a seasoned investor or just a beginner, likely you have heard of the acquisition strategy of “Subject To.” I am here to tell you that this needs to be a key tool in your investment tool belt! My favorite variation of this technique is purchasing “Subject To” and selling on a “Lease Option.” Wow, if you want to clear a room, just start throwing those two word combos around! Non-investors and some investors alike are puzzled by this terminology. OK, so what is a “Subject To,” you ask? Well let me tell you: It is one of the most profitable forms of acquiring investment property with little or no money out of your pocket. Do I have your attention? Yes, I said potentially NO MONEY DOWN! Do you know anyone that would turn down a profitable deal with little or no money out of pocket?? If you are one of these scant few, please call me when you are presented with this opportunity and decide to “pass!” But for the wise investor, this method allows you to become the owner of record and leave the mortgage in the seller’s name! Here is the concept: First you find a motivated seller (or better yet, they find you!). Most of the time, these sellers are going to have little or even no equity in their properties. This may be true or simply their impression of value. One of the most important questions you can ask is “What is your payoff?” Follow this up by asking, “Would you sell it for that amount?” If you don’t ask, you won’t know. This will save you a lot of time (and money!). Once you have determined your seller is motivated enough to proceed, you explain that you can purchase their home by leaving the existing financing in place. You can obtain ownership, while the loan stays in the sellers’ name. Think of all the possibilities this affords you as an investor:
• To start with, you eliminate the majority of fees and closing costs associated with new mortgages.
• Since there is not a new lender, there are no additional finance charges! Think of the extra money you can pocket.
• Next, there is no qualifying for this type of financing.
• Think of the tax advantages (ask your CPA).
• It does not affect your credit standing, your debt ratio, or even require you to have an income! This presents a tremendous amount of opportunity.
• You can purchase with this method, and hold for long term (rental), you can flip the property to another investor or retail buyer, or use it as a construction loan short term while doing repairs and then refinance or resell.
All in all I think you get the idea that the possibilities are limitless! What more could you ask for than unlimited funding for your deals and no bank restrictions or guidelines. Invite everyone you know, that has a remote interest in investing, to our October GAREIA Augusta Chapter meeting, as we will be discussing this technique and other topics in further detail. I will show you how to build $30,000-$40,000 net profit or even more into each deal with little or no money out of pocket!
Real Estate Investing: Flipping Properties
Posted by: admin Post date: July 3rd, 2009
A lot of people these days are preaching about the buying and holding method of gaining wealth with real estate. There indeed may come a time in your life or business when you’ll want to hang on to a piece of property, although you’ll only be interested in keeping certain types of property. If you’re just starting out, flipping a house may be an ideal way to get started.
Basically, there are three ways that you can flip a house, although each one has its own terms, motivation, and type of property. The first method is known as retailing. What this means, is that you buy a house in bad shape, do the repairs to fix it up, then turn around and sell it. There are a variety of houses in need of repairs out there, and several ways that you can quickly flip a house to net profit. All you need to know are the techniques that will get you the most money in the least amount of time.
The second way you can flip a house is though wholesaling. Wholesaling involves finding a home for sale then flipping it to an investor for a fast, yet small profit. To do this, you’ll need to know the real estate investors in your area, the types of homes that flip the best, and how to fund your property so you can flip it to them. If you live in a big area or a city, you’ll find that using the wholesaling method of flipping houses is actually easier to accomplish.
The third way to flip a house is by assigning the purchase. Using this method, you’ll commit to buy the house. Instead of closing the deal yourself, you’ll assign it to a real estate investor - of course for a small fee. The investor will take the contract over and close the purchase themselves - flipping the house. This can be very profitable, especially if you invest in the right home. You don’t need to have your contract worded any special way to be legal, although you will need to determine the assignment fee.
If you’re looking to break into the real estate market and make big bucks, you’ll need to learn all about flipping houses. Flipping houses is very profitable, especially once you have learned the basics. The first and third methods are the best, although they will both take quite a bit of work on your part. Restoring homes isn’t easy, and you’ll need to have a team qualified to handle any repairs. Assigning the purchase may be difficult when you first start out, although it will get easier with time. If you stay at it and do your best to make a profit - you’ll be an expert at flipping homes in no time at all.
Advantages and Disadvantages of Buying a Home Through a Lease Option
Posted by: admin Post date: June 25th, 2009
Buying a home can be a satisfying or frustrating experience depending how financially ready you are to own a home. Just the process of buying a home can be very expensive with the major expense of purchasing a home being the down payment. The purpose of a down payment is to pay the bank fees to get the mortgage setup and generate some equity in the home to hedge the risk the bank is taking. In years past, this down payment could be very small, but with the fall of the housing market in 2006, those days are long gone, making it prohibitively expensive to buy a home. When there are fewer buyers and less credit around, sellers begin to offer other ways to sell their home. The “Lease Option” is one such method. A Lease Option is technically a lease (rental) with the option to purchase. You are renting the home but have the right to purchase the home at anytime during the rental period at a pre-determined price.
A lease option can be a very favorable way to purchase a home because it provides the advantages of home ownership without the disadvantages of ownership. The main advantages include: (1) No mortgage fees (2) less for a down payment (3) limited risk if the value of the home falls but you profit as the home appreciates. When structured property, there really are no disadvantages to a lease option relative to purchasing the home with a mortgage. When compared with renting, the major disadvantages of a lease option include: (1) pay more money upfront than renting (2) you are responsible for repairs, not the landlord. Each advantage and disadvantage is discussed in greater detail below.
1. Advantage: No mortgage fees. Because a lease option is technically a rental, the agreement is between you and the seller. Because the bank is not involved, there are no bank fees, meaning that you don’t have to come up with the $5000 to $9000 that it costs to get a mortgage. However, eventually you will have to get a mortgage if you decide to stay in the home long term.
2. Advantage: Less for a down payment. Like the mortgage fees, because the agreement is between you and the seller, the money down is negotiable, and sometimes not required at all, though the amount down typically ranges between $5000 and $10000 dollars. This is still better than the bank will require.
3. Advantage: Limited risk and leveraged returns. A lease option is an option to purchase, not an obligation to purchase. This means that when the lease term expires, if the home has lost value, you can choose to walk away. You give up your down payment, but are not saddled with a home that cannot be sold. However, at the same time, if the home increases in value, because the purchase price is set, you can purchase the home for less than it is worth on the open market. This key element makes lease option homes potentially a great investment, because you can leverage your money with such little risk. For example. If you purchase a $300,000 home with a mortgage, you would need to bring about $20,000 at closing ($15,000 as a 5% down payment and $5000 to cover mortgage fees). If the home’s value increased 5% over two years, the home would be worth $315,000. Your $20,000 turned into $30,000 ($15,000 in equity to start + $15,000 in appreciation); a 50% return on your money over 2 years. However, if the home decreased 5% in value, the home would be worth $285,000, and your $20,000 investment turned into $0.00. However, if the same home was bought as a lease option, then $5000 down would turn into $20,000 ($5000 in equity to start + $15,000 in appreciation); a 400% return on your money over 2 years. If the home decreased 5% in value, the home would be worth $285,000 but you can walk away having only paid the upfront down payment of $5000. In this example, the lease option reduced potential profits by 75% and increased potential returns by 350%.
5. Disadvantage: Pay more money upfront. Typically a lease option requires a greater amount of money upfront than renting. This is not always the case and depends on how desperate the seller is the lease the home. Generally you can expect to pay twice what you normally would put as a deposit on a comparable rental.
6. Disadvantage: Responsible for repairs. One nice thing about renting is that the landlord is responsible for repairs. In a typical lease option, you are entirely responsible for maintenance of a home.
There are both advantages and disadvantages to buying a lease option. When compared with the buying the home with a mortgage, there is really no disadvantage and when compared with renting, a lease option is a relative low risk investment for little additional out of pocket expense. The key, however, is in the terms of the agreement between you and the landlord. The terms are negotiable, so make sure you do so. To summarize, a lease option can be a win/win situation for both buyer and seller. If you are looking for a home but don’t have enough for a regular down payment or are not sure if the market is going to get worse before better, consider a lease option and rest easy.