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Forums » General Real Estate Investing » Question about what to do with sub2 loan

Question about what to do with sub2 loan Subscribe to Question about what to do with sub2 loan

13 posts by 9 users

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Accountant · greenwell springs, Louisiana


If i take over a loan sub2 that has an interest rate of 7.5%, is there a way for me to negotiate with the bank to reduce the rate?


Real Estate Investor · Ewa Beach, Hawaii


If I were you, I would ask and find all that out before I take over. So that you can decide on if it is a deal worth pursuing. -Ray


SFR Investor · Scottsdale, Arizona


let me know if you can because that would be cool.

Can you not make it a deal at the current terms of the loan?


Real Estate Investor · Tampa, Florida


I tried this recently on a deal I was trying to sub2. Property was behind like 3 months and it was a deal if it could be caught up. Sellers couldn't afford to do it. So I had them 3 way bank with me and give me approcal to speak to them on their behalf. I sat on the phone for over an hour and got nowhere.

Let me say though I have NO experience negotiating with banks. The guys that do this regularly might have some success with it.

Has anyone else tried this?


Real Estate Investor · Wheat Ridge, Colorado


So, by taking over the loan (and the property) you're violating the due-on-sale clause in the loan. And you then want the bank to negotiation with you? That seems like a tough sell. By even making that phone call you've informed them of the situation, and given them plenty of notice of what's happened. I suppose the upside is that if they don't call the note due, but then try to at some point in the future you can claim they were aware of the situation from the outset.

Small_flying-phoenixJon Holdman, Flying Phoenix LLC


Real Estate Investor · Vero Beach, Florida


Yes you can do a loan modification. You will need to do a 3 way or call in like a 3rd party that does this as a business.

Be prepared to prove a hardship. You must give the bank a reason of why they should do this. If payment is current, then it will be harder, but it can be done if you can show a pending hardship with the seller.

Don't call the bank and say that I took over the payments without qualifying and I need you to do a loan mod...lol.

Just figure out what you want and back your way into it.

E-Mail: jonrexford@gmail.com


Real Estate Investor · Springfield, Missouri


Hi, Ray is right on. Jon has a good point!

I have always, always, always contacted the underlying mortgagee (lender) BEFORE doing ANY installment contract, CFD, L/O or Sub2. I have done more than I can possibly remember, had three and a half file cabinets, 5 drawers legal size, full of them.

Why do people think you have to sneak in to make a deal? Just wrong thinking.
I had several banks object, maybe 20, most BoA, I sent my letter of notice and made the next due payments. I never had a loan accelerated under a due on sale clause, never!

Asking for a reduction in rate is, well, lol, probably not possible. Not in an installment deal, now if they are in default you may have a SS or a modification, that's different. If the rate is above market rates at that time, that's the defense against the due on sale clause. When you assume a lower rate than current rates, that's a problem.

If you need a better rate than 7.50%, the price is not right! Instead of discounting the rate, use the current rate as a bargining chip and discount the price to the present value of the loan for a few years! Bill


Real Estate Investor · Tampa, Florida


Jon,

No, I had not purchased the property Sub2 the loan at that point. It wasn't a deal as it was. I don't think it sounds that crazy to be honest, not in this environment.

They have a seller who is three months past due on a $150k mortgage. On a short sale lets say they might end up with $100k. This is after months and months of SS negotiations and closings. Then they finally have money back.

If we can agree at $120k and start paying on the loan again TODAY it could be entertained. Maybe it depends on the bureaucrat at the bank, lol.


Real Estate Investor · Ohio


Stephen,

In a word, no. That is very, very unlikely.

Cole,

You said "I don't think it sounds that crazy to be honest, not in this environment."

With all due respect, I do think it is crazy and unrealistic, even in this environment. There is a contract. Plain and simple. Let's say I am a tenant of yours. I signed a lease and it is 3 months later. I call you up and say, " I don't think I should have to follow the lease terms and want you to lower my rent payment 200 a month because of "this environment." What are you going to say? Sure be my guest. No problem. No, you are going to say pound sand. Why do you expect the bank to do what you yourself will not do? Just saying.

While I understand the fact they are behind and the bank may be better off to take the hit now instead of dragging this out, banks just don't think this way. It is all about the guidelines they have to follow which is based on who owns that particular loan's paper. They don't often do what makes the most sense. After all, the bank negotiators don't lose any money in this deal so they have no motivation to change a system that doesn't affect them. Take it from a former banker in default. Banks are not critical thinkers. They are bureaucratic rule followers and the ones that aren't eventually leave due to no one caring enough about if there are better ways to do things because things are not done that way. Your time is better spent doing other things. Just my opinion only. There are plenty of other homes for sale out there. Don't fall in love with any of them.

If you want to try a short sale and go through that process, that is a whole nother ball game. Only you can decide if the effort is worth the potential reward.

I also feel 7.5% loans aren't the end of the world. Historically, that is a good rate that only seems high now because we are so used to the artificially low rates of the last few years in these unprecedented times of sustained low rates.

Best of luck

Mike C


Real Estate Investor · Audubon, Pennsylvania


I spoke with somebody at my REIA last week who is getting the loan modification in place FIRST, then getting the borrower to let them take over the payments "Subject To", and then putting a tenant (or L/O buyer) into place. If the loan mod does not succeed, they leave it alone unless they like the existing loan terms.

To take over the loan FIRST and then try to get the loan terms changed is a silly way to do this IMO.


Real Estate Investor · Tampa, Florida


Steve, I agree with you completely. I've tried it, just that once and it didn't work out. I am sure it can be done though.

Mike, Isn't that called a...loan mod?


Real Estate Investor · Ohio


Cole,

You were referring to and referenced a short sale in your post so that is what I was talking about. Regarding a mod, IMHO it isn't going to help you if you want to lower the balance due the lender. Most mods reamortize the past due and fees balance and extend the loan back out to 360 months. If the loan in question is an FHA loan, you could also get a partial claim for up to 12 months of payments, but again, this is then secured as another mortgage subordinate to the first that is just brought current. Either of these cases won't lower the principal balance owed. Only the short sale route would do that.

Also consider, if I were the bank, neither of these options (mod/PC) is a great idea for me. Why? Because only 10% of mods are not redefaulting so they are only delaying (and costing themselves money) the inevitable in the vast majority of cases. For all the talk of mods helping, it just isn't happening in the real world. I still have friends at one of the biggest regional banks in Ohio (should be able to guess which one I mean). As of a couple of months ago, they haven't done ONE of the great mods that Obama is advocating to help so many homeowners (but makes a great sound bite). They have been doing some following their usual guidelines as always.

If the loan balance is 150k and you want to get the principal balance down to the 120k range, a short sale is your only option IMHO. If I am misunderstanding let me know and we will go from there. I don't know what you mean when you said "Then they finally have money back."

If you are now talking about Steve's post (which obviously wasn't there when I posted faulting your logic), then that is a different conversation entirely but you would definitely have to get the mod BEFORE doing the sub2 as he suggested.

Best of luck

Mike C


Real Estate Investor · Tampa, Florida


They finally have money back from an unperforming asset to loan out again and make interest on. From the payoff if they were to do a SS.

I wasn't talking about a SS I was talking about trying to do a loan modification and then I would take over property Sub2. Like Steve, I have spoken to people who claimed to have done this. No one close to me that I can say with certainty has.

I know guys in my area doing principal reduction loan mod's. I don't think it's crazy or unrealistic.

I think what we can conclude from this thread is:

You can purchase a property Sub2 with a loan mod. Just make sure Mod is done BEFORE purchase and the deal makes sense. There is no shortage of great deals so the time and effort should be WELL worth the return.




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