House Burned Down: HOA, Mortgage Lender, Owner at impasse

House Burned Down: HOA, Mortgage Lender, Owner at impasse

Member since 2019 · 2 posts · 0 votes

I recently found a burned down house in a very desirable neighborhood. The school district zoning is one of the best in the city as well. Here are the caveats...

I have been communicating with the owner. He wants to make a deal, but he's in a tough position.

I spoke with a Real Estate Agent that had a sign posted just a couple of houses down. She told me that she used to live in the neighborhood and her sister currently lives in the neighborhood, just a few houses away as well. 

She informed me that the owner of this house has had a fairly public discord with the HOA, who has recently withdrawn a claim to the property. To make a long story short, there is suspicion that the owner may have committed a fraudulent act.

The house burned down in September of 2018, and the owner said the insurance company told him they are waiting on a report from the fire dept. However, the fire dept told the owner that they have completed everything they were obligated to complete. (They seem to be stalling.)

The sign posted outside the property states that the property is in pre-foreclosure, similar houses in the neighborhood have recently sold for between $360k-$400k. The owner has let me know he still owes upwards of $200k.

I know the deal is extremely hairy, but that just means most people don't want to touch the deal. So me being brand new to investing, I can't help but feel that there is still some value here. Am I wasting my time? Is this an impossible situation? The neighbors and the HOA MUST want to get rid of this eye sore. So is there anything I can do to help facilitate the reconstruction of this property. Any advice would be greatly appreciated.

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  • Real Estate Coach · Round Rock, TX · Member since 2015 · 431 posts · 235 votes
    7y

    I flip fire-damaged properties and own a fire damage restoration company. It can be a big undertaking, but there can be good profits in it. Unless you are rather experienced with this type of damage, it may be hard for your to tell the extent of damage. The place to start is by asking them what the insurance company settlement/estimate was--that might tell you some of what you need to know.

    Beyond that, I would suggest getting an experienced restoration company to look at it and give you a run-down on what it will need. There are many things that could be overlooked as part of the renovation on fire-damaged properties.

    A couple answers to specific questions you asked: The whole thing about waiting for the fire department doesn't seem legit to me--not consistent with anything I've ever experienced in the fire service or in dealing with these types of properties. The fire department report is usually done within a matter of days--at most a couple weeks. 

    Secondly, the bank doesn't want it--they are not in the business of damage restoration. They just want to get paid. If you can work something out, they win. Same for the HOA--they want the eyesore fixed. So in the end analysis its you and the owner--what is his hold up from selling? Can you pay him enough that he can take the insurance settlement and your purchase price, pay it off and you still make money?

  • Member since 2019 · 2 posts · 0 votes
    7y

    Jeremy I really appreciate your time. Thank you.

    So to answer a few of your questions all at once... 

    I am very inexperienced, and don’t know much about fire damage, but it seems obvious that the house is a complete tear down. There isn’t a single piece of that house that wasn’t touched by fire or extreme heat. Not to mention the house has no roof and has been rained on heavily for about 10 months. Are you suggesting I reach out to a restoration company to see about demolition and/or if the foundation is useable? 

    As for the settlement, the owner of the property has told me on multiple occasions that he is still waiting on the insurance company to render a judgement. Is that even possible? If an insurance company suspects fraud but can’t prove it, would they drag their heels and deliberate? Do you know if they have to make a judgement, one way or the other, in a specified amount of time? 

    I would assume that my best avenue to make money is get a contract on the property and assign that contract to a home-builder because a new house might need to be built. 

    But if the house is, in fact, a complete tear down. Like you said, the mortgage company wouldn’t want that property. And let’s say the owner still owes 200k on the mortgage (which hasn’t been paid for months or longer). How can the mortgage company be satisfied?

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