I this illegal to do with my condos?

I this illegal to do with my condos?

Cumberland Gap, VA · Member since 2015 · 38 posts · 25 votes

Reposting this in a bigger forum for feedback:

I own 7 condos in a complex close to a local college. They were all bought for under 100k and are worth 150k now. My uncle who invests in property says I should post 2 of my 7 for sale on the MLS for 275k each. He will buy them at the inflated price for cash creating 2 new comps for my remaining 5 condos.  I would give hime back the 275K he paid me and we would then go to the bank and leverage the remaining 5 and refi to pull out cash based on the higher comps and take that newly created money and the original 275k x2 money and go do this all over again at another condo complex.  We have a complex locally where condos are in the 50k range.  I would buy 4-8 of these new condos over time then wait a year and repeat the process.  He comes in and buys 2 for an inflated value of 150k each and we borrow against my remaining condos based on the new higher comps.

If they all can be borrowed against and cash flow at these higher prices why wouldn't I do this?  He jokes that we should call this a condo crush.  Does this sound illegal?

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Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
8y

That pretty much is the definition of mortgage fraud.....non arms length transaction, straw purchase, etc.  I don’t care how you want to try and justify or rationalize it, it is what it is.  Besides, the lender won’t necessarily be so blind.

@Chris Mason may can give you more specifics.

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  • Investor · Milwaukee, WI · Member since 2013 · 1k+ posts · 1k+ votes
    8y
    Originally posted by @Briana Nasman:

    @Account Closed

    As a Realtor in a cash sale heavy area (Seattle), I can assure you, every call I've had from an appraiser asks if the sale was cash or financed. I have had multiple lenders tell me they can't use cash sales in comps. This totally could just be state-specific, or lender-specific, of course. Our MLS also requires that we report the type of sale once we enter a property as sold. I totally agree with you, in a normal market, a cash sale shows strength. But, in a crazy hot market, people aren't acting rationally. Houses were selling for 20% higher than list (or what they were worth), and cash buyers are predominantly from China- and they care much less about the value and much more about getting their money out of the unpredictable Chinese economy and into a "safe" space. So, our area could totally be situational, but, out of the many appraisers and lenders I've talked to, cash sales don't count.

    Very interesting. I owe you a couple beers. I was aware of the foreign influence there but forgot to consider how the foreign investors cash sales might be something other than typical pricing when it comes to market value, which explains why the appraisers are asking those questions there. I would assume they are asking specific questions about the buyers too. As far as the lenders, I would think it is the same issue, a local dynamic for sure. LOL - Well, if I get out that way / or you make it this way I'll make good on the beers. I lived out there briefly and miss some of the good brews. Mirror Pond was my favorite (Deschuttes maybe?). 

  • Investor · Seattle, WA · Member since 2017 · 34 posts · 16 votes
    8y
    Originally posted by @Account Closed:
    Originally posted by @Briana Nasman:

    @Account Closed

    Very interesting. I owe you a couple beers. I was aware of the foreign influence there but forgot to consider how the foreign investors cash sales might be something other than typical pricing when it comes to market value, which explains why the appraisers are asking those questions there. I would assume they are asking specific questions about the buyers too. As far as the lenders, I would think it is the same issue, a local dynamic for sure. LOL - Well, if I get out that way / or you make it this way I'll make good on the beers. I lived out there briefly and miss some of the good brews. Mirror Pond was my favorite (Deschuttes maybe?). 

    We sure do! Of course, I'm not a beer person, but we have some great wines, too!

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