I was looking for a title company in my area that will allow investors to get paid assignment fees. I only heard of one title company from the local REIA that I thought I would allow assignments. I called them up and asked about this. They said no assigments. Do you know of any other title companies that will allow assignments at closings in any state? I need an investor friendly title company in Alabama that will allow this to happen.
Defining what you are calling an assignment fee might help. How you structure the deal and what rights you convey and exactly what it is you are charging for as a fee will determine if your assignment is a legal transaction. Title companies do not make law, nor may they dictate contracts that have a legal purpose. While they may say they will not insure a transaction based on theoir policies, that is not to say that you are restricted. If a lender will allow a borrower to purchase under your contract, the bank might close the deal. I really think it is the way you are presenting your deal or how you structure the transaction that a title company may have a problem with your deal. You can certainly step out of the way and have a fee paid outside of any real estate closing and have a "clean contract" made between a seller and another buyer. Take cae to address tax issues with such assignments and watch out for real estate licensure requirements. Selling options is not against the law so long as you dot the "i"s and cross the "t"s.
I'm not sure me and you are talking about the same thing. Nothing of what I am saying has anything to do with lenders, banks, etc. I am talking about a simple wholesale flip where I purchase a house directly from the seller for a certain price usinging a purchase and sale agreement. I then locate another buyer (cash buyer of course) to assign my rights to the property over to that end buyer for a higher selling price with my assignment fee being the difference of what is leftover out of that sale transaction. Example: I purchase house from seller for $25,000. I find another buyer to assign my rights to the property for $35,000 and me getting $10,000 as my assignment fee. See what I mean? No lenders. No banks. No nothing. It's just me, the private seller, and the CA$H end buyer. I will only be doing businesss with cash buyers. If it's not cash involved in this transaction then we will not have a deal.
Just look in the phone book and call and ask. Most title companies will allow assignments. Assignments are extremely common in commercial deals and really shouldn't be an issue for any title company. I've actually never heard of a title company not allowing assignments. Now some title companies will not do double closings but that is something totally different.
I would keep it simple when talking with the title agent and just ask them if they can close an assigned contract. Using too much investor jargon about flipping can scare title agents.
When you use an out of area title company they still have to use a local title company for the title search and insurance. They will have to find someone in that area who will do assignments, which is pretty much the same as you doing it. Maybe having the request come from another title agent would make a difference in getting it done, but I would definitely start by contacting some other companies yourself.
No title company can tell you that you can not assign a contract so long as that contract allows for it. if it does, it is not up to the title company, so any title company should be fine.
I think what Bill was trying to get across is that your explanation of "assigning the contract" may possibly be misunderstood as a simultaneous closing or something other than what you are trying to do.
Will Barnard, Barnard Enterprises, Inc. E-Mail: info@barnardenterprises.com Website:http://www.barnardenterprises.com info@barnardenterprises.com
I meant me getting home under contract from the seller with a purchase and sale agreement. Then me locating an end buyer to assign my rights to that property over to that end buyer using an assignment agreement. That's what I mean by assigning the contract.
I'm confused. You've been given very very very good advice above. Did you notice that collectively they have nearly 14,000 posts?
I bet they fully understand your question.
From my perspective and my protocol when it comes to an assignment fee and only if I were the seller I wouldn't need an escrow/ title company as the fee isn't based on a performance of the buyer. If I were the buyer it most certainly would require the performance of the seller which includes a title insurance policy at transfer. Absolutely a double standard.
Michael Quarles, Yellow Letter Mail E-Mail: michael@YellowLetterMail.com Telephone: 888-YOUR-MAIL Website:http://www.YellowLetterMail.com 1-800-Sell4Cash Territories are available for 147.00 per month.
Call another title company or better yet stop in their office and talk with them. Get a hold of other investors in the area, question them about best title company to use.
I meant me getting home under contract from the seller with a purchase and sale agreement. Then me locating an end buyer to assign my rights to that property over to that end buyer using an assignment agreement. That's what I mean by assigning the contract.
I know exactly what you meant by "assigning the contract" my pint (and that of several others) is that the person on the other end of the phone from you may NOT understand. That is the potential problem. Since you are being given an answer that it is "not allowed" when they have no right to tell you that leads us all to bvelieve that you are not being understood by them or the person(s) you are talking to are complete idiots.
As stated before, so long as your contract does not state that you can not assign the contract, you can and no title company can dispute that.
Will Barnard, Barnard Enterprises, Inc. E-Mail: info@barnardenterprises.com Website:http://www.barnardenterprises.com info@barnardenterprises.com
At least you know what I meant because they sure didn't. They did not understand at first, but it did take a while for them to finally catch on to what I was telling them about assigning a contract. Had this been someone else who is more familiar with closing deals with wholesalers this would have never been an issue. Never would this have been misunderstood. That's why I was lucky to find another title company who "understands"
I know exactly what you meant by "assigning the contract" my pint (and that of several others) is that the person on the other end of the phone from you may NOT understand. That is the potential problem. Since you are being given an answer that it is "not allowed" when they have no right to tell you that leads us all to bvelieve that you are not being understood by them or the person(s) you are talking to are complete idiots.
As stated before, so long as your contract does not state that you can not assign the contract, you can and no title company can dispute that.
"I bet they fully understand your question." You sure about that? They didn't act like fully understood my question. Well not at first they didn't but it took me breaking it down for them in a way they can understand for them to get what I was talking about. Like I told the other person I was lucky to find another title company that totally understood what I was talking about without any confusion what so ever. No matter how I reword the terms assigning a contract to something else. They still understand assignments, which is all that matters right now. That is a problem solved.