Buying Subject To – It’ The New Thing To Do - Overleverage & Why It’s So Dangerous

Buying Subject To – It’ The New Thing To Do - Overleverage & Why It’s So Dangerous

Investor · Scottsdale Austin Tuktoyaktuk · Member since 2021 · 4k+ posts · 4k+ votes

To understand how to buy SubTo safely, you have to avoid overleveraging the property.

I could buy properties off the MLS for full price using SubTo, all day long. It doesn't take any special skill. But, it does expose you to a lot of risk & grief.

Over leveraging means owing more on a property than you can refinance out of.

So, you make a Subto offer on a MLS listing for $500,000, Full Price with a $450,000 mortgage.

They accept, and you borrower $65,000 from a private lender to complete the deal (to cover $30,000 R.E. agent fees, $5,000 closing costs, $10,000 rehab, cash to seller $20,000) it’s No Money Out of Pocket To You.

$500,000 MLS List

$450,000 Mortgage

$ 65,000 Private Lender

($65,000 2nd $30,000 R.E. agent fees, $5,000 closing costs, $10,000 rehab, cash to seller $20,000)

$515,000 total owed

Congratulations!, you’ve just bought a house using SubTo with none of your own money.

You now owe a mortgage of $450,000 + $65,000 for a total of $515,000 on a house valued at $500,000.

Now, it’s year later, and the lender finds out you bought the house and they send a Notice that they are invoking the Due on Sale clause. What happens?

You sell.

Your property is still worth roughly $500,000 and mortgage payments may have brought down the loan $5,000 So, you still owe:

$500,000 MLS Sale

Costs

$445,000 Mortgage (payments have reduced the mortgage a little)

$ 65,000 Private Lender

$510,000 total owed

$ 30,000 R.E. Agent fees to sell

$ 3,000 Closing costs

$ -43,000)

You have to bring $43,000 to closing or get sued

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  • Tom GimerBusiness Member
    DMV · Member since 2017 · 3k+ posts · 3k+ votes
    2y

    Just for fun I'll jump in (I agree with the underlying message).

    Why did the $10k rehab not increase the value?

    Why not negotiate RE commission/credit on the first closing?

    Who is the moron lending the $65k?

    Gimer Law516 Reviews
  • Investor · Scottsdale Austin Tuktoyaktuk · Member since 2021 · 4k+ posts · 4k+ votes
    2y
    Quote from @Tom Gimer:

    Just for fun I'll jump in (I agree with the underlying message).

    Why did the $10k rehab not increase the value?

    Why not negotiate RE commission/credit on the first closing?

    Who is the moron lending the $65k?

    Good questions. This is being taught by a known guru.

    A lot of sellers on the MLS make concessions on repairs and upgrades when they sell. The assumption is that the property didn't sell right away because of two things, it needed minor repairs and it was overpriced for the market. The $10k is used to bring it to the level it should have been in, in the first place.

    So now, I'm just repeating what the guru of the day teaches after listening to his "gator lending" video which comes after his "Subto community” video". He defines a "gator lender" as a small time lender (unsophisticated) who gets a line of credit or SDIRA and lends money to help Subto students to purchase properties. Then they can all be called "investors". 

    The Subto student is told he can pay full price for a property on the MLS, it doesn't matter that it's full price. What matters is the interest rate. A property that is on the MLS that has a contractual agreement with an agent means the agent needs to get paid. They won't present the offer unless there is a way for them to get paid. Since the Subto student isn't getting a new loan, just taking over the existing financing, and is broke anyway, he has to come up with the money to complete the deal. Voila' enter the (unsophisticated) "gator lender" to lend the money needed. (Someone wanting to break into investing but is afraid to “pull the trigger” or has limited funds.) (Gator lenders can begin with as little as $1200 if they pay the $3000 fee to join the gator community. The gator guru will help you establish a line of credit and get bigger available balances on your credit cards.) 

    Source: The Gator Method | Beginner Strategy For Real Estate Investing

    This "gator lender" lends the $65,000 at 10%. They choose to save money by not having a title report (or are not even told about title.). Since expenses are reduced by not paying for title, everybody makes a bit more money. So, the "gator lender" lends $65,000 to overleverage someone they have never met, on a property they don't know a thing about, saving money by not buying an unnecessary title report/insurance and the deal is completed. The agent gets paid. Everybody is happy.

    I added the part in the post that a few months, a year, whatever later - the Due on Sale clause gets invoked, because some will get called. Now what:

    Well, one option, he says, is to sell the property, but he fails to give the numbers or the consequences, so I decided to add that part. It’s very enlightening. Neither the seller, the Subto student nor the gator lender are walked through the numbers if the Due on Sale is called. They are simply told they can always sell. Then, Is an act of omission when teaching investing, actionable? Lol

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