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Forums » Wholesaling » Oops, never done one and now need to right away, please help

Oops, never done one and now need to right away, please help Subscribe to Oops, never done one and now need to right away, please help

11 posts by 5 users

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Real Estate Investor · Orlando, FL


Hey Guys
First time here, I LOVE the site.
I'll get right to the point.
I have flipped 4 houses, all recently, all in Central FL and all went well :)

I have two more I'm working on and I had some REO offers out there.
I got a third offer accepted but I do not have the manpower to do it and I'd rather do my other two well than three badly so I want to wholesale this one.

Here it is.

I put an offer on a 4/3.
My offer of $180K was accepted
The appraisal came back (ARV) at $370K
I advertised this as a wholesale deal at $220K and have people all over it.

NOW WHAT?

I know I can't assign it so I am going to do a double closing.
What steps do I take next?

Am I right here? (let's assume I have a buyer)

I go get my buyer to sign a purchase contract?
I get a deposit from him which goes to my agent for escrow?
I make sure the closing company already selected by the selling bank can do a double closing or if not I find one who will do a double closing as a courtesy closing?
We all go to closing, it double closes, I get paid?

Maybe I should have left out the guess questions.
Am I on the right track though?

I have a closing date on June 20th.

Any help would be very much appreciated. Oh, and do I have to pay any fees etc?

Thansk so much

Nick


Wholesaler · Amarillo, Texas


You're on the right track Nick. Everything you said is right on line.

You will pay more fees with a double closing, but you will have to with an REO. Normally you're looking at recording fees, twice the escrow fee, the difference in the title policies (if the title company will do a title premium pass through), and a tax certificate. Not including the title policy difference you're looking at $500 or so.

REO double closings can be a little tricky. Check with the courtesy closing agent first to see if they will double close it, and if not, I would try to get the lender to let you pick the title company even if you have to pay for the policy. It would be worth paying under these circumstances.

Worst case scenario, if you can't double close it, you will need to get financing on it for a couple days so you can sell it to your buyer.

I personally always make my buyers pay me their earnest money directly so that it does not go into escrow. I don't want to have to battle for it with the title company if the deal goes south. If its already in my bank account and the buyer backs out, then I have no worries.


Real Estate Investor · Orlando, FL


Awesome, thanks Ryan. I'm glad I was " sorta kinda" on the right track.
Much appreciated, Oh, would I be correct in saying that I would be treating the profit on this as regular earned income and not some other more complicated thing?


Rehabber · Santa Clarita, California


Correct. Wholesaling or flipping income would be taxed at earned income rates where as cash flow from rentals are taxed at passive income rates and properties sold after 365 dyas are taxed at long-term cap gains rates.

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


Real Estate Investor · Orlando, FL


And thanks for that too :)

Sorry but here's another part to it.

I just got emailed the settlement statement.
Do I now tell my RE agent, Hey here's the real buyer and just introduce the new buyer to the agent?

I'm not worried about the extra fees.
The title company doing the closing on behalf of the bank does not do double closings so rather than rock any boats, shall I just tell them that I'd like the package sent over to say ABC title and allow ABC to do the double closing? (I don't really want to request that I select the closing firm to the selling bank now that it's at this point)

Would I be right in saying that the actual selling bank basically thinks they are selling to me but on closing day they will see that Mr. X actually bought the property but pretty much says Oh well, we got paid, we don't care?

Thanks


Real Estate Investor · Denver, Colorado


Does your contract allow assignments? Most REO contracts specifically prohibit assignments. If assignments are not allowed, then you're not going to be able to say " Hey here's the real buyer and just introduce the new buyer to the agent?"

Unlikely the bank will let you choose the title company at this point. But you can try to find one that will do a double close. Otherwise, you're stuck with what Ryan says. You'll have to actually come up with the financing to buy the house, then turn around and sell it in a totally separate transaction to your end buyer.

The bank will see any profit you clear on the deal as their money. They're going to try to prevent you from taking that money. Expect obstacles.

Small_flying-phoenixJon Holdman, Flying Phoenix LLC


Real Estate Investor · Orlando, FL


The bank will see any profit you clear on the deal as their money. They're going to try to prevent you from taking that money

What?
If they have already accepted an offer why would they? Isn't that what wholesaling is all about?
Now I'm confused (and concerned)

Real Estate Investor · Denver, Colorado


First, check you contract. Does it disallow assignments? Every REO I've made an offer on, and got to the point of doing all the addendums had one that specifically prohibited assignments.

In theory, the buyer (you) can select the title company. In practice, the bank picks it. Maybe they will let you change to yours, maybe not.

Yes, they have accepted your offer. They are undoubtedly losing a significant chunk of change on the deal. They would like to lose less. If they're aware you're turning around and making $40K on the deal, they will not like it. Any more than any other seller would like it.

Not at all saying you're doing anything wrong. Just warning you the bank is not going to be cooperative if they find out you're reselling the house and taking a nice chunk of change. You're best course of action is to find money to be able to close the deal, then resell it. If that's not possible, then try to switch to a title company that will allow the double close.

Small_flying-phoenixJon Holdman, Flying Phoenix LLC


Rehabber · Santa Clarita, California


Banks do not allow assignments of contract on REO's. This same topic has been discussed and answered in the REO forum before. Try a search to find it.

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


Real Estate Investor · Katy, Texas


It is very hard to wholesale an REO. With that said, they can be done, and their are some people on these boards who claim to have done them.

There are so many issues as to why REO's are hard to get done as wholesale deals. Here are a few of the main reasons REO's are hard to wholesale.

- Can you assign the contract? (Probably not)
- Will the title company do a double close? (possibly, but if not, what else?)
- What about the end buyer's financing, are there any seasoning issues?


Wholesaler · Amarillo, Texas


I personally " claim" to have double closed at least 3 REO's that I can think of. One was a HUD and 2 were normal lenders.

As Jason shared, it is very important (just as with an assignment) that your buyer's financing is either cash or cash equivalent. Cash equivalent being hard money or some type of commercial financing. Most types of conventional financing will have issues with a double closing or an assignment.

I wouldn't tell anyone except for your title agent that is doing the double closing about the double closing. The bank can't back out at this point, but there's no use ruffling feathers. The agent has nothing to do with it either.

Its not an assignment. You are doing two transactions on the same day. You are buying the property, and you are selling the property. You are the person buying the property with the first transaction, and you are the person selling the property with the second transaction.

On the closing day the bank IS selling YOU the property. You ARE the REAL buyer. Now on that same day you are selling it to someone else, but that does not affect the first transaction. The bank won't see you sold it the same day unless they went back and checked the deed records after everything is recorded, which they won't ever do because they don't care enough to do that.

The bank's title company? Are you talking about the actual title company or is that a local company doing a courtesy closing for the actual title company? It may be too late to change it without rocking the boat a little, but I would do whatever I could to change the actual title company or the courtesy closing company if the actual title company is not doing the closing.

If you can't do that, get financing, close it, and then resell it to your buyer as soon as your title agent will allow you. Some title agents will want the deed to be officially recorded before they will close you (which could take up to a week or so), and others will just need to see your first closing docs or will just call the first title company to verify the title transfer.


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