I have a property I got the bank to approve for 62k and I have a End Buyer who would pay $67,500, the Realtor would not use my contract and she's telling me I can not assign it. Is there anything that I can do.
Jared
I have a property I got the bank to approve for 62k and I have a End Buyer who would pay $67,500, the Realtor would not use my contract and she's telling me I can not assign it. Is there anything that I can do.
Jared
Double close. Banks won't allow an assignment. Well, you could try asking. But the last set of addendums I did said you couldn't even try to assign the contract, and doing so would void the contract. I read that to mean if you ask, they'll cancel the contract. But, maybe I'm paranoid.
1.As Jon mentioned do a double close
2.Form an LLC in the name of the property and than sell that LLC to your end buyer
3.Put your name along with the buyers name on the contract. Once he buys it from the bank quit claim it.
Just like the two gentleman above mentioned, you're only probable option is a double close.
If the title company or bank gives you any flack use flash funding as a bridge to your second close. There will be double the closing costs, but if your margin is fat that won't matter much.
I will add to the sentiment above, you have to know from the beginning you have to either double close, sell the LLC name to the end user, etc.
The thing about a double close is if Jared does not have the cash to close, it is impossible. Some banks, depending on your rapport with them will allow you to assign without releasing you from liability. I've done it this way maybe 15% of the time, not much.
There are resources out there that will help you with a double close but your end buyer will need to close within 24 hours. These companies often charge 2%, which isn't bad. Still gives you a decent spread for fascilitating.
could you sell it in a land trust instead of an LLC?
what if you find an REO and can negotiate at a good deal. You dont have jack for cash but you have an end buyer who doent have good credit but you find a private lender who will lend to him. so say its $100,000 and FMV is $130,000 so would you put the offer in the LLC and double close, put the right to assign to any name or entity because you dont know what LLC your going to put it into at the offer time then assign it to the other guy at $30,000 or do what the other guy said and use the LLC and quit claim as both your names are in the contract?
I never tried the llc method. I've always used transactional funding. Is there any advantages or disadvantages to using the llc method? Seems it would be less expensive than the 2% they charge for transactional.
It all depends on what state you live in. You can do a double close. Make sure your end buyers money is at your closing attorney before the close.
Forming an LLC to sell the home requires too many steps.
Curt Davis, buyMemphisnow.com
E-Mail: crtdavis@gmail.com
Telephone: 901-881-0552
Website: http://www.buymemphisnow.com
Full Service Real Estate Investing in Memphis TN
Karen,
If you are in Tampa, there are several title companies here who will do simultaneous closings, where you will not have to bring any cash to the closing table when wholesaling an REO.
I have done all of my REO wholesale flips this way, and have never had any problems.
Let me know if you need more info and I will be happy to send it to you.
Steph
Jeff
I agree, setting up the LLC and selling the property from it takes many steps, while not too difficult, still takes several more steps than a dual closing such as filing to get the LLC set up and getting a certificate of good standing. Might be worth finding an experienced attorney or title company that has done many dual closings and walk you through the steps. The cost of setting up the LLC may not be that cheap either depending on where you live. Costs $500 in MA.
It's legal but I've yet to see any bank allow it in their addendums.
Jared,
What did you end up doing on this deal?
Why was the Realtor in control of your deal?
Did you find a title company to do the double close?
Hope it worked out for you.
Hello Jared, as with Tony's questions for you, I would like to know the answers myself. What did you wind up doing with the deal and why did the realtor have so much control?
Mr_Investor,
The only question with your #3 method is: What is the exact means of 'securing' payment? So far, you only mentioned the contract with a bank, which has initially the Flipper's name, then the flipper adds the Buyer's name. A quit claim is done by the flipper. But there is no mention of what paperwork secures the profit amount for the Flipper. Please advise.
You quit claim for your assignment fee so if your assignment fee is $10,000 you would quit claim for that amount so all the paperwork that you need is the quit claim itself.
#3 could require you to have past dealings with your end buyer or know them. A stranger doing a deal with you for the first time may not be comfortable with your name and theirs on the PSA.
Will Barnard, Barnard Enterprises, Inc.
E-Mail: info@barnardenterprises.com
Website: http://www.barnardenterprises.com
info@barnardenterprises.com