Arizona Rookie

Arizona Rookie

Member since 2008 · 6 posts · 0 votes

Greetings from AZ! I recently found this forum and was impressed by the knowledge of the members. I am hoping the things I learn here can help me dig out of a bad situation that I'm in. I only wish I had known of this forum prior to making my first deal.

I apologize for the long introduction, but I feel it is important to give a little background on my situation, and hopefully others can avoid my mistakes. I'm a REI novice. I made a huge mistake in my first REI transaction and am seeking advice on how to make the best of my situation. I have always been fiscally cautious and responsible, but the promise of big money during the housing bubble two years ago clouded my judgement. After all, my personal house had nearly doubled in value since purchasing it a year prior and I was feeling pretty fat about my new-found wealth. A co-worker of mine had been doing REI for a few years and had done very well. He opened my eyes to the opportunities, and I convinced myself through motivational books that it was time to stop watching and start doing. Unfortunately, I was introduced to a shady real estate agent who "specialized" in "helping" people to get started in RE investing. He sold me on his turn-key approach and convinced me that I could afford properties using financing set-up through his girlfriend mortgage broker. At first, I didn't feel comfortable and couldn't logically see how I could manage the cashflow. However, I was convinced that through creative financing and tax advantages, I could still have positive cashflow based on average rents in the area. In addition, the part of town we were buying in was up-and-coming and was virtually a sure thing for huge appreciation over the next several years. In fact, his philosophy was that every single house on the market was a good deal and a money maker…which is apparently why he didn't look very hard to find us "a deal". He also recommended pulling all the equity out of our home (using his girlfriend mortgage broker) and invest it as down payments on 3 properties. Luckily, we only did one property. I nearly backed out of the deal when reviewing the loan documents and found things to be different than what I had been told. However, I was told that we would lose our 10% down payment on the house if we backed out. When we closed, he and his girlfriend were conveniently in Mexico. This was the first time in my life I decided to go against my intuition and take a risk. I decided to put my trust in someone else for once. After all, he seemed like a good guy, had a lot of expertise, and was doing very well. (I know, I'm a sucker…but I like to believe in the best of people…oh how my outlook has changed!) Although disgusted with the situation, I still thought I could make things work out and chalked it up as lesson learned.

To make matters worse, I bought at the peak of the Phoenix housing bubble. In fact, our agent convinced us to make a higher offer than the property was listed to guarantee that we wouldn't get out-bid by another buyer. Now I’m stuck with a property with huge negative equity, huge interest only mortgage payments, a highly negative cashflow, and no silver lining in sight on the local housing market. I am living paycheck to paycheck and have nearly exhausted my cash savings. I take pride in having excellent credit, and being the type of person who plays by the rules. One of my biggest fears is that I will get into a foreclosure situation at some point with the rental house and creditors will come after the remaining equity I have in my personal home…or worse, lose my personal home. I have a wife and two young kids that I need to support and protect.

I am trying to take responsibility for my mistakes and make the best of my situation, learn from my mistakes, cut my losses, and move on. However, it seems nearly impossible to sell at this time without eating up the rest of the equity in my personal house to pay for the difference between what I owe on the rental and what I can sell it for. I would appreciate any advice or strategies to get out of this situation.

Also, more importantly, does anyone have any advice on how I can protect my personal assets from creditors in the event that my situation gets worse? I want to be proactive to protect my family. If I end up in a foreclosure or short sale, can creditors take or put a lien on my personal home? Would creation of a trust protect us? I would greatly appreciate the expert advice from this forum. Thank you.

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  • Real Estate Investor · Las Vegas, NV · Member since 2008 · 1k+ posts · 447 votes
    19y

    I’m sorry that you are in this situation. But I thank you for sharing, a lot of people can learn from your post. You are living proof that you need to do your homework and trust your instincts. Good luck.

    8)

  • Joshua D.Pro Member
    BiggerPockets Founder · HI · Member since 2008 · 16k+ posts · 5k+ votes
    19y

    I agree. Thanks for sharing your story with us. Perhaps other can learn from it. As for your questions, I'm not able to help out, but I'm sure others on board can. I'd pose your question about protecting your assets over on the Tax & Legal Questions forum.

    Otherwise, welcome to the site. I hope you find the answers to your questions here.

  • Member since 2008 · 11 posts · 0 votes
    19y

    I'm sorry to hear about your situation. I'm a newbie so I hope the veterans can help you out!

  • Residential Real Estate Agent · Los Angeles, CA · Member since 2008 · 1k+ posts · 9 votes
    19y

    Hey there rookie,

    I read your story and I truly am sorry about what happened to you, but the fact of the matter is that it's all ready done with. So lets all "stop worrying about the problem and find a solution" I think that would be our best route. So if you could get into more details as to what type of loan you have, current interest rate, mortgage balance, payment amount, and anything else that you think would help us find an answer for you! Thank you for your time and once again I truly am sorry I do hope you except the gesture below!

    :welcome: To BP!!

    P.S. Life is hard but as long as you have those who love you and your health what can they really take from you??

  • Member since 2008 · 6 posts · 0 votes
    19y

    Thank you for your support. I agree...what's done is done. The important thing now is to find the best solution for the situation. To give more details, I purchased the house for $235k. I put 10% down using a Heloc on my personal residence. I recently refinanced and ended up with a 3/1 IO ARM for my 1st mortgage of $181k at 6.625%. The 2nd mortg. is for $36k P&I at 9.375% fixed. When I did the refi in April, it appraised at about $240k. I've been given comps by real estate agents ranging from $190k - $220k. Although the property is only a few years old and in good shape, I think the low end is more realistic. I have renters on contract for another 14 months, but I fear things will only get worse in that time. Thanks again for all the nice gestures!

  • Real Estate Investor · Houston, TX · Member since 2008 · 18 posts · 1 vote
    19y

    Hello Arizona,
    I personally want to welcome you to biggerpockets, this is a great place for a lot of real estate information. You will find that the people are very nice and very informative. I truely believe that any real estate question can be answered and any real estate scenario can be address right here on biggerpockets. Good luck with all of your future investments!

    :welcome:

    ww2

  • Real Estate Investor · Amarillo, TX · Member since 2008 · 547 posts · 214 votes
    19y

    Welcome! this place is awesome..! good job finding it! lol
    as far as your situation goes thats basically what happened to most beginner investors in Tucson as well.. luckly I didnt have the money to invest or i would of been there with you.! sorry bout your situation!
    -Scott

  • Member since 2008 · 6 posts · 0 votes
    19y

    Thanks Scott.

    I recently moved to the Phoenix area from Tucson. I miss Tucson...it's a beautiful area. I'm also a U of A wildcat, so that's another reason I'm fond of the area. Take care!

  • Real Estate Investor · Amarillo, TX · Member since 2008 · 547 posts · 214 votes
    19y

    Yea I liked Tucson.. althought I like change do miss it some.. but man you cant really start out investing in a town where everything seems to be a negative cash flow! glad I moved up to Texas for a bit.. actually plan to move to Scottsdale in January, my g/f goes to ASU but myself i prefer the wildcats as well.. What made you move to Phx!? where are you up there actually phoenix itself?

  • Member since 2008 · 6 posts · 0 votes
    19y

    Thank you for everyone's support!

    Perhaps this post should be in a different forum, but you've already got my history in this one, so here I go.

    Lastnight I spent a lot of time thinking about how to make the best of my situation. Obviously, I don't want to take a huge loss. I think I've come up with a solution and would like opinions.

    I've run some scenarios (yes I'm a geek) where I payoff the high interest 2nd mortgage with the Heloc on my personal home. It will nearly max out the Heloc, but I will have a lower payment. In addition, I just got an offer to lock my Heloc at a lower interest rate. I will apply the monthly savings, to start paying down principal on my highest interest accounts first. In addition, I can apply any extra monthly income towards paying down the principal. If I believe my numbers, I should be able to pay-off that 2nd mortgage in 3-4 years without substancial changes to my spending habits if I'm disciplined. At that point, I will be in a positive cashflow situation, have equity in the house, and hopefully the market will be appreciating. In the meantime, I'll put the house on the market and see if I get any bites that are worth pursuing. I figure this will at least put my money to work until things get better.

    Also, do you think it would be good to reduce my 401k contributions to the minimum amount that I still get full company match? I'm currently getting a negative return on the 401k, so it seems like that extra money I'm putting in would be better spent paying off higher interest debt.

    Thanks!

  • Real Estate Investor · Lakewood, CO · Member since 2008 · 34 posts · 0 votes
    19y

    thanks for your post. Have you considered approaching your tenants to see if they would consider purchasing? would they pay a little more and do a lease option? Just a thought...you never know, they may qualify and just not know it...even if you had to take a small loss it may get you out of a bad situation?
    good luck and God bless!

  • Member since 2008 · 6 posts · 0 votes
    19y

    Yes... in fact I was thinking about it earlier today and trying to figure out the best way to approach them about it. I don't think they would be interested in buying, but it's worth a shot.

    I'm also hoping that the hype from the nearby Superbowl will create a spark for the market in the area and make it easier to sell. I appreciate the advice!

  • Real Estate Investor · London · Member since 2008 · 3k+ posts · 74 votes
    19y

    REI_Rookie,

    Lots of detail in the intro. Thanks for sharing.

    :welcome: to BP.

    John Corey

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