Upside down in rental, what to do?

Upside down in rental, what to do?

Real Estate Investor · CA · Member since 2009 · 19 posts · 1 vote

My Brother-In-Law bought a condo in Sacramento about 6 years ago when the home prices there were still very high. He initially had a good investment going for him, but now things have radically changed.

He owes $105,000 on the condo still. He has a $250 loss every month. They are going to raise the rent slightly in October, but still a big loss. There are nearly a dozen of these condos in the area in foreclosure, most of them selling for $20-$30K.

What should they do? They are thinking about just letting it go to foreclosure. They are not big-time investors. They have new cars and a nice house, so don't really need credit that much. I told her the value of that property would eventually come back up, but who knows when? I would hesitate to take that kind of hit on my credit, but their situation is different since they don't plan on buying for a while. Any thoughts?

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Investor · Willow Spring, NC · Member since 2009 · 5k+ posts · 3k+ votes
15y

I'm missing something. A person's rental investment doesn't depend on the market valuation. The OP says "He initially had a good investment going for him, but now things have radically changed. He owes $105,000 on the condo still. He has a $250 loss every month..."

So initially he was making money? That's my view of a "good investment". So what makes for a $250/month loss? Did rents fall $400/month or something? Did HOA fees go up $300/month? If he had an average ARM, his intrest rate would be falling over the last few years, not increasing. What has "radically changed"?

I'm speculating that this was never really a "good" investment and that the cash flow negative aspect wasn't an issue 6 years ago since prices were stable or going up.

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  • Lender · Fort Pierce, FL · Member since 2009 · 825 posts · 486 votes
    15y

    His only choices:

    1) Raise rents
    2) Lower expenses
    3) Pray for inflation or at least increased demand for rental housing.
    4) Sell at a loss
    5) Walk.

    His choice depends on his perception of how fast rents/house values will increase over the next 5 and 10 years.

    He has a negative equity position of $75,000 today. He loses about $3,000 per year.

    If he made $5,000 per year in profit, then it would just be a matter of waiting for the profits to wipe out the existing loss. At $5,000 per year in profit, that is a 15 year wait to break even.

    One other factor are HOA fees/dues. In down times, HOAs tend to postpone fee increases and postpone maintenance. When the market improves, they play catch up.

    If I were in that position, I would take my lumps and sell or walk.

  • Joshua D.Pro Member
    BiggerPockets Founder · HI · Member since 2008 · 16k+ posts · 5k+ votes
    15y

    Great analysis, Kevin. I'd also take my lumps and walk. I've been in that very position and had to unload, despite heavy losses, to prevent even greater losses each and every month.

    Good luck Adam, and please let us know what your bro-in law ultimately decides to do.

  • Rental Property Investor · Mercer Island, WA · Member since 2008 · 22k+ posts · 14k+ votes
    15y

    What is your BIL's personal situation? Living paycheck to paycheck? Or, has good income and some money in the bank. If he had bought $100K in stocks that were now worth $25K, he could sell and still have the $25K. The downside to leverage is you can defer that loss until you sell. So, now he's stuck coming up with the $75K loss.

    CA is generally a non-recourse state. Meaning the lender can only take the property and can't seek a deficiency judgment. But if this was an investment loan, that might not be the case. He should read his loan documents. Even so, the lender will send a 1099 for the forgiven debt after a foreclosure sale which will result in an ugly tax bill. There are ways to declare insolvency with the IRS to avoid that bill, which is where the personal financial situation comes into play.

    Seems unlikely this will ever turn profitable given how far underwater it is.

  • Real Estate Investor · CA · Member since 2009 · 19 posts · 1 vote
    15y

    Great advice! I guess the next question is about selling it. If he got lucky and sold it for say $60,000, that is still $45,000 short of what he owes. Seems that unless it was a short sale he would still be on the hook for that amount. I don't know if a short sale would be allowed because their income isn't too bad.

  • Investor · New Orleans, LA · Member since 2011 · 22 posts · 4 votes
    15y

    Since he's solvent he should honor his mortgage contract and kick himself for thinking he knew about real estate investing. My brother found himself in this same boat and blames who else but his mortgage broker of course. Since he's also solvent he is still on the hook for the mortgage balance left over from the short sale. And his credit is now mud.

  • Investor · Scottsdale, AZ · Member since 2011 · 509 posts · 134 votes
    15y

    Alot of areas in Sac took a turn for the worst IMO

  • Real Estate Investor · Irvine, CA · Member since 2011 · 189 posts · 33 votes
    15y

    I would hold on to it. The losses every month are not that big of a deal, in the end he has the renter pretty much pay off his own condo for him.
    The reward in the end of owning it outright and only having had to pay <$250/month to do that is going to be bigger.

    I would do all the following:

    1) Raise rents
    2) Lower expenses
    3) Pray for inflation or at least increased demand for rental housing.

    ---

    Appreciation will eventually kick back up, and he will end up with a free and clear condo for just <$250/month... better than taking 7 years of crap on your credit, and in the end probably costing you WAY MORE than $250/month due to increased interest rates, declined loans, etc because of the bad credit.

    7 years is a long time to be ******** for credit... he never knows what opportunities he will miss due to this or what increased costs he will realize due to his bad credit... and all over $250/month...

  • Specialist · Cleveland, OH · Member since 2011 · 1k+ posts · 852 votes
    15y

    TOUGH DEAL! I would offer it on owner financing. You should be able to get a little more that way. Plus you will get a down payment. That will help with the losses they have had to take in the past couple years. good luck!! :mrgreen:

  • Commercial Real Estate Lender / Syndicator · Dallas, TX · Member since 2011 · 888 posts · 309 votes
    15y
    Originally posted by Adam Smith:
    He owes $105,000 on the condo still. He has a $250 loss every month. They are going to raise the rent slightly in October, but still a big loss. There are nearly a dozen of these condos in the area in foreclosure, most of them selling for $20-$30K.

    Don't know what he's getting in rent. Would it make sense for him to buy one of 20k condos to wash out the loss on this one. He could also try to move the renter over before selling the underwater one if he really needed to.

  • Specialist · Portland, OR · Member since 2010 · 3k+ posts · 1k+ votes
    15y

    If it was a good deal at 105k they are great at 25k. Why not buy more and rent them, average out the loss of cash flow with positive from the others.

  • Joel OwensBusiness Member
    Moderator
    Real Estate Broker · Canton, GA · Member since 2010 · 15k+ posts · 11k+ votes
    15y

    Yes you can do portfolio averaging IF the seller wants more properties or actually has the money to buy more.

    After this experience he may simply be done for now with RE investing.

    Maybe a DIL?? The problem with short sales if you are solvent is the bank asks for a bunch of financials and assets.If they deny the short sale their attorneys now have a bunch of disclosed assets to pursue that may or may not have been easy to find.

    You will see this on short sales.Owner applies and only sends in certain documents or banks ask for more documents.Seller that is solvent says no way am I giving you that info and just foreclose.

    So in those cases sometimes it's better to not give financials and just let it go.He could just keep the cash flow payment and not pay the mortgage until it forecloses.Many do that today and it happens with commercial real estate as well.

    I am not going to debate morality as that is different from the law.Just saying what goes on in the real world.

  • Lender · Fort Pierce, FL · Member since 2009 · 825 posts · 486 votes
    15y

    @Chris G

    Perhaps I am not understanding what you posted.

    My interpretation of the facts presented is that this Landlord incurs a net loss of $250 per month. That loss comes after all of the payments (taxes, insurance, upkeep and mortgage payments).

    That means that this landlord has a loss of $3,000 per year. Raising rents and lowering the expenses that the LL controls will help some but after 15 years, this LL will have paid out $45,000 more than he took in. At the end of those 15 years (assuming a 15 year mortgage), the LL then owns a condo worth $30,000 plus 15 years of appreciation.

    A quick calculation show me that it will take a constant annual apprectiation of 6.3% just to make up for these losses.

    That is why I mentioned a crucial factor in this decision is the LL's perception of the future appreciation.

    I stand by my conclusion, sell or walk.

  • Residential Real Estate Agent · Hattiesburg, MS · Member since 2011 · 475 posts · 141 votes
    15y

    Is the subject property in Sacramento CA???

  • Investor · Willow Spring, NC · Member since 2009 · 5k+ posts · 3k+ votes
    15y

    I'm missing something. A person's rental investment doesn't depend on the market valuation. The OP says "He initially had a good investment going for him, but now things have radically changed. He owes $105,000 on the condo still. He has a $250 loss every month..."

    So initially he was making money? That's my view of a "good investment". So what makes for a $250/month loss? Did rents fall $400/month or something? Did HOA fees go up $300/month? If he had an average ARM, his intrest rate would be falling over the last few years, not increasing. What has "radically changed"?

    I'm speculating that this was never really a "good" investment and that the cash flow negative aspect wasn't an issue 6 years ago since prices were stable or going up.

  • Real Estate Investor · CA · Member since 2009 · 19 posts · 1 vote
    15y
    Originally posted by Ed Lee:
    Is the subject property in Sacramento CA???

    Yes it's in Sac.

  • Residential Real Estate Agent · Mt. Pleasant, SC · Member since 2010 · 257 posts · 130 votes
    15y

    To elaborate on Chris G's post, I assume the $250 loss is cash flow only. How does it work out after taxes and principal payoff?

    I'm in a similar situation with a condo that I paid $205000 for as a personal residence that's now worth about $80000. (When I moved, I decided to rent for a year or two while the market bounced back...that sounded good in 2007! If I only knew what I knew now.)

    Anyway, I lose $500 a month in cash flow, but I'm paying off about $2800/year in principal and after depreciation and expenses, I save about $2400/year in taxes. I suspect he may be in the same boat if everything scales down about 50% and his true loss may only be about $500 a year. This may make it worth preserving his credit and taking the chance that he could get out of it in decent shape someday.

    It will probably never turn into a "good investment", but it may be worth keeping for other reasons.

  • Sarasota, FL · Member since 2011 · 1 post · 0 votes
    15y

    This may be a bit dirty but I know of folks down here that are collecting the rent and not paying the mortgage....waiting for foreclosure to happen. We do have a law here that condo associations can go after tenents if the condos fees aren't paid so if you go this route and have a similar law, pay the condo fees. I think this would be better than having the place vacant. I would also not let the tenant know, they might stop paying....

    Not the best advise but I just know of a few folks doing it and also have some friends that were renting and received foreclosure papers since they occupied the dwelling....

    just a thought.

  • Residential Real Estate Agent · Hattiesburg, MS · Member since 2011 · 475 posts · 141 votes
    15y

    I'm just surprised that RE is that cheap in CA...

    Is your BIL losing $250 a month based on hard cost (Mortgage, Condo Fees, Taxes, and Insurance)

    OR

    IS your BIL losing 250 Theoretical dollars based on the 50% rule?

    How many years is the mortgage???

    How much is the Rent?

    What is causing the disparity between income and expenses? ex... (Low Rent, High Taxes, High Condo Fee's, High Interest Mortgage, Loan Amortization)

    Try to provide us all with the details of the situation.. There might be ways to cut back on expenses and minimize the cash bleed.

  • Real Estate Investor · CA · Member since 2009 · 19 posts · 1 vote
    15y

    Some great insight here. I believe the condo was his primary residence, and he decided to rent it at some point. He never really bought it as a rental, so I believe that after the PITI is paid and the condo fees and management co, he is $250 in the hole per month. Obviously he could self manage, but he already works 12-14 hour days and doesn't have time. I will have to ask about the other details.

    Thanks!!

  • Residential Real Estate Agent · Mt. Pleasant, SC · Member since 2010 · 257 posts · 130 votes
    15y
    Originally posted by Adam Smith:
    Some great insight here. I believe the condo was his primary residence, and he decided to rent it at some point.

    Then he's probably still paying taxes based on the 4% owner-occupied rate. Eventually, the city will realize he doesn't live there anymore and assess at a higher rate, and in most jurisdictions, his taxes would double. To counteract that, he could appeal the taxes to get the condo reassessed lower.

  • Real Estate Investor · CA · Member since 2009 · 19 posts · 1 vote
    15y

    Some more info from the source:

    "Purchased in 2005 for $159,950.00
    Cash down payment of $48,911.95
    After fees, etc. the mortgage amount is $111,965.00

    Finance rate was originally an ARM but is now 4.86 fixed for 30 years.

    The min payment on the mortgage is $733.85 plus association fees of $180/ month plus a utilities fee of around $80 every other month.  Our property management charges about 7% per month.   YIKES!!!!!

    We do most of the maintenances/repairs of this property ourselves except for cleaning when tenants move out.

    We collect $724/ month in rent.  We just increased the rent from $699.  This is actually considered a little high for this neighborhood so at least for now, rent is at it's max.

    Condos on the same street are selling between $13k and 40k.  There is literally a foreclosure or for sale sign in front of every other building!!

    As far as our personal finances, we gross pretty well but after business expenses, our own mortgage, cc payments, groceries, utilities, etc.  we really do live paycheck to paycheck and it's very tight.  We haven't contributed to our IRAs in about 4 years."

  • Investor · Member since 2011 · 3 posts · 0 votes
    15y

    Im in the same situation with a property that I bought five years ago. Thought about walking away, but that would have killed any chance of me investing in real estate. Just bought another house that will help me break even on the negative cash flow of the 1st house. Next property will get me in positive territory. I think about the negativity equity as an 80k education. Learn from your mistakes, and don't make them again on your next investments. The market will come back eventually, so tell him to not give up. Follow your dreams/ goals, and it will all work out in the end!

  • Buy and Hold Investor · Commack, NY · Member since 2008 · 353 posts · 33 votes
    15y

    Hi Adam,

    Tell your BIL to get rid of the property manager and take any of those calls himself. Assuming the place isn't falling apart, maintenance calls should be minimal, especially for a condo, where you are only responsible for what is from the walls in. Anything outside of the walls the tenant can call the condo manager directly and he doesn't need to be involved. And yes, this can be done working 12 to 14 hour days. Ask me how I know?!?

    Based on the numbers you wrote he will still be about $230 in the hole each month ($2,760 a year), but with depreciation and being able to write off a lot of expenses he will probably save that much money in taxes.

    What other condos are selling for in the area really only come into play if you are selling. IF he can afford to pay the extra $230 per month and hold on until the market comes back up (or rents go higher) he will come out better off in the mid- to long-term.

    You mentioned they have new cars and a nice house. How about selling one of the new cars and getting a used dependable cheaper one?

    I wish them luck either way.

  • Lender · Fort Pierce, FL · Member since 2009 · 825 posts · 486 votes
    15y

    @Dawn

    I don't understand your line of reasoning.

    The condo owner bought the unit for $160,000 and rents it at an annual loss of $2,760.

    Your advice is to hang on until it appreciates again and that the tax write offs will turn a loss into a gain (or maybe just a break even).

    I just don't see it.

    How many decades will the owner have to wait until he is back into positive territory?

  • Buy and Hold Investor · Commack, NY · Member since 2008 · 353 posts · 33 votes
    15y

    The mortgage is currently about $112K, so anything above that will put money in their pocket at closing. They don't need it to go up to $160K to have that happen. Also, bank foreclosures going for a lot less is very typical. They are usually not in great shape. I've assumed the condo is in decent shape, being that nothing was mentioned about repairs being needed.

    If I read things correctly, the BIL lived in the house a while before renting it out, although not much detail was given about that. Technically would need to figure into the equation what he would have spent in rent during that time and take that into account as well, but this is more a 10,000-foot analysis.

    Regardless of all of that, I am of the general personal opinion that if someone can pay their bills and obligations that they made and committed to, even if it hurts a little, they should do it. If someone can't, they can't, and I understand that too, but that doesn't seem to be the case here (again, from 10,000 feet). I know that is not the "popular" feeling these days when it comes to anything, especially mortgages, but it's just my opinion.

    I wish the BIL luck either way.

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