Hud Home double escrow (closing)

19 Replies

Hello Everybody, I'm in the process of learning how to wholesale HUD homes. Is doing a double escrow in Florida legal? As in my A(hud) to B(me) would happen once I get accepted and once i send in all my earnest money and paperwork. Then wholesale it to an end buyer B (me) to C(cash buyer). So during closing my title agency would accept C (cash buyer) funds to close the A(HUD) bid accepted price and I would keep the difference. And everybody would be happy HUD sells home, I receive my wholesale spread and cash buyer receives great rehab home please advise :)

this guy knows about how to do it. read and contact him if you have more questions.

http://www.biggerpockets.com/blogs/4240/blog_posts/40047-hack-of-9-29-14--how-to-wholesale-a-hud-deal-without-a-double-close

You're not going to find a title co. that will use C's funds to close your transaction with HUD. You'll need your own funds, transactional funding. HUD properties are a popular target for rehabbers soyou'll have plenty of competition for these.

Hey thank you for the replies . Fortunately I found an agency that would do a double escrow . And in regards of the link you sent me it talks about double closing as a transactional funding and I wouldn't be doing transactional funding . The adding the buyer sounds like a good idea but didn't I understand how that would work in the timing of things . As in, right before I close I can add the buyer? And send his info to HUD days after sending in my info and EM?.
And also if doing that double escrow from my initial question would that be illegal ? I ask because my title agency said yes they can do that but isn't sure if it's legal and was going to double check . I know states like Arizona allow this type of closing

Make sure the title co. understands you want to use the end buyers money, for Your purchase from HUD.

Hey @Anibal Zapata, @Wayne Brooks knows his stuff.

I know you're in south Florida, but @Ryan Kopczyk runs an investor friendly title company up here in Orlando and deals with a lot of wholesale deals and double closings.  I'm sure he would have some good insights.

Perfect how can I get in contact with him.? I'm knew to this . My current title agency is giving me problems with the double escrow closing technique.
Originally posted by @Anibal Zapata:
Hello Everybody, I'm in the process of learning how to wholesale HUD homes. Is doing a double escrow in Florida legal? As in my A(hud) to B(me) would happen once I get accepted and once i send in all my earnest money and paperwork. Then wholesale it to an end buyer B (me) to C(cash buyer). So during closing my title agency would accept C (cash buyer) funds to close the A(HUD) bid accepted price and I would keep the difference. And everybody would be happy HUD sells home, I receive my wholesale spread and cash buyer receives great rehab home

please advise :)

What your referring to is a simultaneous closing/dry closing. I can't imagine any title companies still do those. If you do find a willing company please share their info with me.

As an alternative to a dry closing:

  • An AB to BC closing with transactional funding would work.
  • A purchase with a title holding entity  and then selling your interest in that entity to the buyer would work.
  • Partnering with the buyer on the contract and quit claiming for a fee at closing would work.

    Ryan's company as previously mentioned -  http://www.seprotitle.com/

@Anibal Zapata

Not sure what its like in Miami, but I have done hundreds of these in Central Florida and there are multiple title companies that can do it. Short sales require transactional funding aka won't let you do a dry closing by taking c funds to close a funds. @Ryan Kopczyk has helped me a lot with this.

Thank you for the comments guys. I'm reaching out to him right away

@Anibal Zapata Hi Anibal, I am with a very investor friendly title company in Orlando but can close on any property in the state of Florida. Greg, Kent and JC (Thanks guys!) mentioned my name above who I work with a lot. Most title companies if they know how or what a double closing is, require you to have transactional funding in the middle but with us we can use your end buyers funds to fund the entire transaction as long as its not a short sale and your end buyer is using cash or hard money. If you need any help or have any questions please feel free to call or email me anytime. I love building relationships.

As a Direct Lender we've worked with an abundance of Title companies & frankly if we could move all of our closings to SE Pro Title we would do so. They understand the needs of investors as well as the structure & formats the lender needs to complete the process successfully. 

Ryan Kopczyk, why can't you use the end buyers funds to fund the entire transaction on a short sale? I'm trying to figure out how to do a double escrow on a short sale. I'm the C buyer, there is a B buyer who has a purchase agreement with the seller (probate attorney and mortgage company who owns the note) on a short sale but who wants to back out. I'm trying to figure out if I can get the B buyer to be a "wholesaler" on the property so we can avoid having to go back through the probate court, etc. 

@Kim F. Its not that you cant use end buyer funds. Its because there are way to many strict restrictions on short sales so you cannot do a double closing or assignment of contract. On top of the restrictions the short sale gets approved and there is an approved buyer for an approved amount. The buyer approved is the buyer that needs to buy the property. We used to be able to do the wholesale short sales all the time but not anymore. They figured out what was going on.

Originally posted by @Ryan Kopczyk :

@Kim F. Its not that you cant use end buyer funds. Its because there are way to many strict restrictions on short sales so you cannot do a double closing or assignment of contract. On top of the restrictions the short sale gets approved and there is an approved buyer for an approved amount. The buyer approved is the buyer that needs to buy the property. We used to be able to do the wholesale short sales all the time but not anymore. They figured out what was going on.

Got it, thank you Ryan! (That's a bummer.)

@Kim F. Despite what you are being told, you can't use the end buyer's funds in any sale. It's not just short sales. Doing so requires the parties and the title agent to certify on the settlement statement facts which are untrue... and that is a RESPA violation.

Research this a bit and you'll see what I'm talking about.

Originally posted by @Tom Gimer :

@Kim F. Despite what you are being told, you can't use the end buyer's funds in any sale. It's not just short sales. Doing so requires the parties and the title agent to certify on the settlement statement facts which are untrue... and that is a RESPA violation.

Research this a bit and you'll see what I'm talking about.

 Thank you Tom!

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