How to Close REO Wholesale Deals (Part 2 of 5): Using Quitclaim Deeds

by Stephani Davis on September 17, 2009

  

This article is part 2 in a 5 part series where I will explain the various methods available for closing REO wholesale deals and getting around the bank’s “No Assignment” clause.

Using the Quitclaim Deed Method to Wholesale Real Estate

Last week, I explained the mechanics of using a simultaneous closing, and this week I will discuss using the Quitclaim Deed Method to get your REO wholesale deals to the closing table.

When using the Quitclaim Deed Method, you will be adding your end buyer onto the purchase contract that you have with the bank, and then giving them a quit claim deed after closing in exchange for your wholesale fee.

Once you have a property under contract with the bank, and once you have an end buyer lined up to purchase the property, you will need to draw up an addendum (or have the agent do it for you), which states that you will be adding an additional buyer onto the purchase contract. This addendum will need to be signed by both you and the bank.

When presenting the agent with the addendum to add an additional buyer, I simply explain that I have to decided to bring on a money partner in the deal, and that I need for them to be on title as well. I have only closed a handful of deals in this manner, but I never had a problem getting the bank to sign the addendum. You do run the risk, though, of having the bank refuse, so you might want to have a back-up plan in mind, just in case

On the day of closing, the end buyer will show up with two checks- one for the purchase of the property, and one for the wholesale fee. Immediately after closing, a quit claim deed will be executed which will remove me from title, and in exchange, my buyer will pay me the agreed upon wholesale fee.

One of the advantages of using this strategy as opposed to a simultaneous closing is, since there is only one transaction taking place, there will only be one set of closing costs to pay.

If you decide to close your REO wholesale deals in this manner, I recommend having a competent real estate attorney draw up the proper documents for you to ensure that both you and your end buyer are protected in the transaction.

Next week I’ll be back with yet another way to get your REO wholesale deals closed, so stay tuned…

Photo Credit: Bohman

Related posts:

  1. How to Close REO Wholesale Deals (Part 1 of 5)
  2. How To Close More Deals Instantly . . . The Power Of “Yes”
  3. Using Voice Broadcasting through CallFire to Close Real Estate Deals
  4. Private Investing in Real Estate Trust Deeds, in Simple English.
  5. REO Wholesale Deal: Step by Step
Got questions about this or other real estate topics? Ask on the BiggerPockets Forums.

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{ 17 comments… read them below or add one }

1 Scott Costello September 17, 2009 at 6:43 am

I look forward to reading the next 3 parts of this article series. For anyone reading this Steph really knows her stuff.

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2 Ania Tates September 17, 2009 at 6:26 am

We are currently wholesaling REOs in the MD/DC/VA area. I am most greatful for you sharing the quit claim strategy, as it is one we haven’t used or considered. This is definitely another tool that will be added to our belt!

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3 Stephani Davis September 17, 2009 at 7:28 am

Thanks Scott. :)

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4 Stephani Davis September 17, 2009 at 8:54 am

Thanks Daniel. Glad to hear you’re still out there makin it happen in the A-T-L. :)

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5 Joshua Dorkin September 17, 2009 at 8:12 am

Yeah, Scott . . . we think she’s pretty savvy!

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6 Bill September 17, 2009 at 10:13 am

Very timely Steph! Yet another tool us wholesalers can use to get those deals closed.

Thanks :)

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7 Anthony September 17, 2009 at 10:25 am

Steph,

Top notch, as always.

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8 orion2404 September 17, 2009 at 11:22 am

Thanks Steph, for always sharing timely win-win strategies. Since joining BP I have been looking forward to your inciteful blogs..

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9 Stephani Davis September 17, 2009 at 11:04 pm

Hi Will,

Actually, this will not work if you are selling to someone getting a conventional loan- I should have mentioned that in the post..

The deals that I have closed in this manner have all been sold to cash buyers.

And yes, just like a regular assignment deal, your buyer will know what you are making.

My experience has been that as long as my end buyer is getting a good deal, they don’t care what I am making. Some do, but most don’t. If I’m worried about it, I can always do a double close instead..

Steph

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10 Will Barnard September 17, 2009 at 10:56 pm

Of course this strategy requires your end buyer to come out of pocket for your fee. Since they have to be conventional buyers due to the FHA 90 day seasoning rule, that could be too much to ask of your end buyer in some cases. It also allows for your end buyer to know EXACTLY how much you will make before the deal is made.
That all said, it is a great tool and strtagey not only for REO properties but even more so for short sales.

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11 Will Barnard September 18, 2009 at 10:51 pm

Why would it not work with a conventional buyer Steph?

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12 Stephani Davis September 19, 2009 at 8:27 am

Hi Will,

I think they would require you to be on the mrtg if you are also on the deed.

Not 100% sure about that,though, as I have only done this with cash and hard money buyers.

Steph

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13 Eric Schwager September 29, 2009 at 3:05 pm

thanks, this is really awesome information. I’ve heard of this technique in general but never the details of the mechanics. Is there any standard paperwork that you use to document the agreement with your end buyer that perhaps you could share, or maybe just let us know what you think the most important points are?
Do you ask the buyer to reimburse the earnest money once they’re on the contract?
On the off-chance for whatever reason your end buyer flakes, are you then jointly held to be in non-performance?
Thanks again!

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14 Stephani Davis September 30, 2009 at 10:44 pm

Hi Eric,

I had my atty draw up the paperwork on the few deals that I closed using the quitclaim deed. It’s been a few years since I’ve closed a deal in this manner, so I can’t really remember the specifics of the contract(s). If you decide to go this route, I would definitely consult w a local atty first just to make sure you have everything you need..

As far as the buyer backing out- that is one of the reasons I stopped closing my REO deals this way… if the buyer were to back out, then you are stuck with their name on the contract, which could turn into a huge mess if/when you find another end buyer to take their place.

HTH,
Steph

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15 Stephani Davis September 30, 2009 at 10:48 pm

Oh, and yes, I get a 2k deposit from my end buyer..

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16 Anonymous August 27, 2010 at 7:00 pm

Great stuff Steph.

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17 Jerod October 27, 2011 at 2:34 pm

Can you use this process of quit claim on fannie mae properties?

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