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Forums » Innovative Strategies » Would this work???

Would this work??? Subscribe to Would this work???

18 posts by 5 users

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Real Estate Investor · Paramus, New Jersey


A few days ago I posted a thread regarding a recently Found SFH that is bank owned. that I was looking for stratgey in. It went unanswered, but it has had my wheels spining. I have since found possible routes but hey are not cheap. I connected with one of the LOC brokers mentioned on the board and they offered terms that would allow me to move forward with the proect, but as all of you are aware, they are not cheap. I am stil trying to do this deal, but don't want to give up most of the profit. After reading numerous posts on the board, I came up with the following scenario and am looking for feedback, positive or negative,Let me know what you think.

Here are the details again:

REO owned house that was previously purchased by a rehabber that went belly up. It still needs to be completed. The bank will only entertain cash offers. Asking 139k. I was thinking of trying to do a double closing on this property. The "A" purchaser would be my LLC and the end purchaser would be Me via a 203k loan for the purpose of primary residence. To avoid all the costs associated with purchasing this home via a line of credit, I thought I could try a transitional lender, and avaoid all the double closing costs and LOC costs via. Does this have a chance of working?


Real Estate Investor · Atlanta, Georgia


Are you planning to live in this property? If not, you'd have to lie to get the 203K loan.

The big issue is that you're going to have FHA seasoning (90 Days) between the time you purchase the property via your LLC and the time you resell it to yourself via FHA/203K. This means that you won't be able to do a double close on the property, and you'll have to carry it for at least three months using the LOC.


Real Estate Investor · Paramus, New Jersey


I actually do want to live in it. I know I can do the LOC, but it's not cheap and that is why I was thinking of doing a double close using transitional money.


Real Estate Investor · Atlanta, Georgia


Originally posted by mickus1
I actually do want to live in it. I know I can do the LOC, but it's not cheap and that is why I was thinking of doing a double close using transitional money.


You'll still run into the 90-day seasoning that FHA requires...


Rehabber · Santa Clarita, California


I would be very careful in your plan of the double close and A is your LLC, etc. I am no attorney, but it appears like loan fraud.
Buying a home at $139k and re-selling to yourslef with bank financing for $203k would appear to be an attempt at loan fraud.

Small_barnardenterprisesWill Barnard, Barnard Enterprises, Inc.
E-Mail: info@barnardenterprises.com
Website: http://www.barnardenterprises.com
info@barnardenterprises.com


Real Estate Investor · Atlanta, Georgia


Originally posted by nationwidepi

Buying a home at $139k and re-selling to yourslef with bank financing for $203k would appear to be an attempt at loan fraud.


Oh yeah...and THAT too... :D

Excellent point, Will...


Real Estate Investor · Paramus, New Jersey


Why would it be loan fruad? My LLC is a legitamate seperate entity, and I would be buying it with a 203k loan (Renovation loan) not for 203 K. The property needs work and won't qualify for a conventional loan and the lender does not wnat to deal with renovation loans, so I can only buy it for cash. I do not have the cash, so I would try to use a transition loan to buy it with my LLC and then have myself buy it for 139K + renovation costs from the LLC, hence the 203k loan.

On the flip side of the coin, why does it matter what price the LLC purchased the property for as long as it appraises at the selling price? It shouldn't.


Real Estate Investor · Atlanta, Georgia


Originally posted by mickus1
Why would it be loan fruad? My LLC is a legitamate seperate entity, and I would be buying it with a 203k loan (Renovation loan) not for 203 K. The property needs work and won't qualify for a conventional loan and the lender does not wnat to deal with renovation loans, so I can only buy it for cash. I do not have the cash, so I would try to use a transition loan to buy it with my LLC and then have myself buy it for 139K + renovation costs from the LLC, hence the 203k loan.

On the flip side of the coin, why does it matter what price the LLC purchased the property for as long as it appraises at the selling price? It shouldn't.


It's not loan fraud (as fraud is not your intent), but regulatory agencies might lose that distinction. Many instances of loan fraud were committed recently where one buyer bought a property, resold it a friend for a higher price, resold it to another friend for a higher price, etc, and then eventually defaulted, keeping the cash that was taken from the lender.

Certainly, you have no intent to do this, but a third-party might question it and have concerns...


Rehabber · Santa Clarita, California


Mickus,

I an not attempting to state that you are trying to commit fraud, simply what J Scott stated, it would give the appearnce as such. Since the owner of the entity is the same as the buyer, you, they would construe that as an attempt to finance a larger purchase price.

Why not just get a acquisition and rehab loan right out of the gate for the $203k?

Small_barnardenterprisesWill Barnard, Barnard Enterprises, Inc.
E-Mail: info@barnardenterprises.com
Website: http://www.barnardenterprises.com
info@barnardenterprises.com


Real Estate Investor


I think there is confusion here.

203K is not a dollar value, it is the type of the FHA loan he seeks, to finish the rehab. Problem is, the Bank want's cash.

I think he should approach the bank and put in an offer in with the 203K loan.


Real Estate Investor · Paramus, New Jersey


Why would it be loan fruad? My LLC is a legitamate seperate entity, and I would be buying it with a 203k loan (Renovation loan) not for 203 K. The property needs work and won't qualify for a conventional loan and the lender does not wnat to deal with renovation loans, so I can only buy it for cash. I do not have the cash, so I would try to use a transition loan to buy it with my LLC and then have myself buy it for 139K + renovation costs from the LLC, hence the 203k loan.

On the flip side of the coin, why does it matter what price the LLC purchased the property for as long as it appraises at the selling price? It shouldn't.


Real Estate Investor · Paramus, New Jersey


Why would it be loan fruad? My LLC is a legitamate seperate entity, and I would be buying it with a 203k loan (Renovation loan) not for 203 K. The property needs work and won't qualify for a conventional loan and the lender does not wnat to deal with renovation loans, so I can only buy it for cash. I do not have the cash, so I would try to use a transition loan to buy it with my LLC and then have myself buy it for 139K + renovation costs from the LLC, hence the 203k loan.

On the flip side of the coin, why does it matter what price the LLC purchased the property for as long as it appraises at the selling price? It shouldn't.


Real Estate Consultant · Uniontown, Alabama


that is correct...in my expereinces in those situations eventhough the bank asked for cash they would take your approval for the 203k financing as such.
get them an offer with an approval letter or commitment from your fha 203k lender and you will more than likey get 30 days in which to close. you can further increase your chances by offering to close quickly and a good faith depoosit...but you wil have to go to your lender and fet your financing together.
they will take the money they just don't want to wait for it.


Real Estate Investor · Paramus, New Jersey


Ralph and Melvin both understand the situation. I tried to present a 203k offer, but the realtor wouldn't even present it to the asset managers. Today I found out that the property has an old buried oil tank and I am begining to think that this is the root of this whole problem. If they don't allow conventional financing, they can say they have no formal knowledge of the condition of the tank, if they allow a 203k loan, the inspection will surely reveal it's condition. So now I know why they want cash.


Real Estate Investor · Atlanta, Georgia


Originally posted by mickus1
If they don't allow conventional financing, they can say they have no formal knowledge of the condition of the tank, if they allow a 203k loan, the inspection will surely reveal it's condition. So now I know why they want cash.


This isn't necessarily the case...

Where I live, greater than 50% of all offers made on REOs with FHA financing fail to close.

Banks understand this, so they are oftentimes hesitant to allow non-cash (or non-conventional) financing. It's just a way to keep the property from being tied up in due diligence and then likely falling through...


Real Estate Investor · Paramus, New Jersey


Ralph and Melvin both understand the situation. I tried to present a 203k offer, but the realtor wouldn't even present it to the asset managers. Today I found out that the property has an old buried oil tank and I am begining to think that this is the root of this whole problem. If they don't allow conventional financing, they can say they have no formal knowledge of the condition of the tank, if they allow a 203k loan, the inspection will surely reveal it's condition. So now I know why they want cash.


Real Estate Investor · Paramus, New Jersey


That sounds very likely also. Either way the bank is saying " Show me the Money!"


Rehabber · Santa Clarita, California


If it does have an old buried oil tank, time to move on in my opinion. You could have ground contamination problems, the disclosure issue when you sell, etc.

Sorry for misunderstanding the 203k thing. I missed the "(renovation loan)" part.

Small_barnardenterprisesWill Barnard, Barnard Enterprises, Inc.
E-Mail: info@barnardenterprises.com
Website: http://www.barnardenterprises.com
info@barnardenterprises.com


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