How would you buy this? Best creative purchase scenario wins!!

How would you buy this? Best creative purchase scenario wins!!

Investor · Lakeland, FL · Member since 2015 · 344 posts · 606 votes

@Terry Free has a post in another forum category that someone should come up with a real estate investing video game.  While I am no computer programmer, (I'm the guy who calls support and they ask if it's plugged in... And it isn't) I think a game that could get your creative juices flowing would be amazing.  Sooo...

Here's the game:  I'm going to give you a real life scenario from one of my deals and see how you would purchase it.  Best scenario as determined by votes wins the coveted Super-Duper Supreme Real Investor Grand Poobah award!! (I don't think BP has one of those yet but I think @Joshua D. could get right on that!!  If you want I'll tell you at the end how I did buy it.  Very likely your scenario will be better, But just like the lottery the only chance at winning happens if you play.

Here we go:

Elderly lady has a 10 unit apt building listed in Central Florida for 350k in 04.  She and her Husband had owned it for years before he passed away and the property fell into disrepair.  There is a code enforcement fine on the property at $200 per day, currently at just over 300k.  The city wants to foreclose on their code lien and demolish the building in order to make a parking lot for their puclic gymnasium next door.  The only thing that is stopping them at the moment is that there is a small first mtg with Bank of America for 18k... Which just started a foreclosure process as it is about a year behind in payments.  

So what would you do?

P.S.  Because I want your best scenarios and as true to life as possible, if you have any questions before presenting your scenario, please feel free to ask.  I probably know the answer and if not, I will make it up.

... And GO!!!

2Reply
159 views

Most Popular Reply

Ned CareyPro Member
Moderator
Investor · Baltimore, MD · Member since 2008 · 17k+ posts · 13k+ votes
10y

I seriously doubt the code enforcement lien is in second position. It is a municipal lien which in most areas puts it in front of the bank. 

You haven't said what the property is worth. What are current rents, what is a pro forma for a re-positioned building and what would the cost of renovations be.

I would offer a price that makes it a good deal now. I would then negotiate to pay a net to seller price so that I could then negotiate with the bank and the city. 

My guess is the city doesn't normally actually charge $200 a day (although it may be allowed by law) The law is very likely applied unevenly. Presuming that is true I would challenge the code violation bill on the fact that it was discrimination. Someone in the building or in title must be of some protected class. I would argue that the only reason you are charging $200 a day on this building when hundreds of buildings around the city are not charge that much is because of the discrimination.

I would also be lobbying city official and elected representatives, to sway them onto my side.

Along the way I would find the "Highest and best use' of the property, then figure the value of the property based on what it could be used for. The city cannot take it without compensating the owner. If the property is valuable enough and you can prove it, this may be leverage stop encourage the city to rethink their plan. My guess is they expect to get if for nothing via the trumped up bogus code fines. Once they realize they will have to come out of pocket for the real value they may reconsider.

See this reply in the discussion

50 Replies

Jump to latestLatest
  • Real Estate Agent · Orlando, FL · Member since 2013 · 270 posts · 40 votes
    10y

    @David Deycall me impatient, when do we get the grandiose solution 

  • Investor · Lakeland, FL · Member since 2015 · 344 posts · 606 votes
    10y
  • Investor · Lakeland, FL · Member since 2015 · 344 posts · 606 votes
    10y

    @Ned Carey @Brian Ragsdale @Brent Coombs @Ceasar Blackman @William Hochstedler @Adrian Smude @Justin R. @Steve Vaughan @Doug N. @Account Closed

    Hey guys, check out this thread.  It was a fun game and a number of guys threw in some great ideas.

    If you'd like to try again, vote on this post and we'll do another one.  But please join in.  That's what made this fun.

  • Curtis YoderPro Member
    Rental Property Investor · Tulsa, OK · Member since 2014 · 241 posts · 187 votes
    10y

    Good post, really enjoy others sharing their approaches. This should be an ongoing occasional forum! Thanks for the entertainment and mind exercise!

  • Investor · Sherman Oaks, CA · Member since 2008 · 6k+ posts · 3k+ votes
    10y

    @David Dey

    I came to this late :(

    Understanding junior liens and partnering with sellers are super good ideas.

    Everyone tries to protect their positions in debt instruments.

    Once the junior lien is taken care of, Creative transactions can be created

    I like looking for expired listings and finding dated older houses, let's say 200,000 ARV, needs 20,000 in work

    Wholesaling offer is not great for this deal, after the Wholesaling fee it's about 115,000 net to the seller

    What else can be done? 

    Joint venture with the seller, offer to give Equity in a note, and pay off that note within four months

    Use private lender money for the rehab, create a second note

    Third note, give yourself 10,000 as a joint venture fee

    Use a joint venture agreement, agreeing to buy, Fix, and resell within 4 months

    Seller is happy, makes 150,000 net vs 115,000

    Other creative note structuring investors are...

    @Ellis San Jose

    @Rick H.

  • Investor · Lakeland, FL · Member since 2015 · 344 posts · 606 votes
    10y
    Originally posted by @Brian Gibbons:

    @David Dey

    I came to this late :(

    Understanding junior liens and partnering with sellers are super good ideas.

    Everyone tries to protect their positions in debt instruments.

    Once the junior lien is taken care of, Creative transactions can be created

    I like looking for expired listings and finding dated older houses, let's say 200,000 ARV, needs 20,000 in work

    Wholesaling offer is not great for this deal, after the Wholesaling fee it's about 115,000 net to the seller

    What else can be done? 

    Joint venture with the seller, offer to give Equity in a note, and pay off that note within four months

    Use private lender money for the rehab, create a second note

    Third note, give yourself 10,000 as a joint venture fee

    Use a joint venture agreement, agreeing to buy, Fix, and resell within 4 months

    Seller is happy, makes 150,000 net vs 115,000

    Other creative note structuring investors are...

    @Ellis San Jose

    @Rick H.

     Love it Brian!!  That's why I requested your input earlier in the posts.  I love it when the pros weigh in, this can help so many people expand their thought process from just being a one trick pony to being a true problem solver.  (And we had fun stretch in our brains too)

  • Investor · Sherman Oaks, CA · Member since 2008 · 6k+ posts · 3k+ votes
    10y

    @David Dey

    Maybe you could talk about using sale and purchase agreement with a long settlement date  to be used just as well as an option to purchase :)

  • Raynham, MA · Member since 2013 · 103 posts · 20 votes
    10y

    Hello community members,

    I like Brian Gibbons stumbled upon this insightful and informative meeting of the minds late in the game so to speak. At present I am writing this post with a strange mix of a heavy heart and bright eyes.

    I must admit that once again a thread composed of the thoughts of investors so further along in the industry than I, has left me in a bewildering mixed state of melancholy and renewed exuberance.

    It has been made abundantly clear to me in short order as well that in the ecosystem of REI I would be likened to something like a near defenseless sea cucumber who expels their insides when they get freaked out in a mostly vain and benign means of defending itself. I at the moment have so many things to learn and so much growing needed to be done before I can even look to gaze upon the beauty of the upper echelon type investment strategies that have been posted in this thread as possible scenarios.

    I most unfortunately do not have anything to offer in the way of a solution to this scenario. All I do have to offer is a genuine thank you to the members who shared their ideas on this thread. The members of this community open my eyes to new investment strategies and concepts on a daily basis as well as continuously renewing my passion for REI.

    In closing I found this thread extremely beneficial and look forward to ones like it in the future. I apologize that this little sea cucumber didn't have something better to offer this thread other than a thank you.

    Alas all good things come in good time. You will be hearing more of my thoughts and ideas on matters such as these soon.

  • Raynham, MA · Member since 2013 · 103 posts · 20 votes
    10y
    Originally posted by @Brian Gibbons:

    @David Dey

    I came to this late :(

    Understanding junior liens and partnering with sellers are super good ideas.

    Everyone tries to protect their positions in debt instruments.

    Once the junior lien is taken care of, Creative transactions can be created

    I like looking for expired listings and finding dated older houses, let's say 200,000 ARV, needs 20,000 in work

    Wholesaling offer is not great for this deal, after the Wholesaling fee it's about 115,000 net to the seller

    What else can be done? 

    Joint venture with the seller, offer to give Equity in a note, and pay off that note within four months

    Use private lender money for the rehab, create a second note

    Third note, give yourself 10,000 as a joint venture fee

    Use a joint venture agreement, agreeing to buy, Fix, and resell within 4 months

    Seller is happy, makes 150,000 net vs 115,000

    Other creative note structuring investors are...

    @Ellis San Jose

    @Rick H. 

    I will absolutely follow up on checking out the words, wisdom, methodology, and strategies used by both @Ellis San Jose and Rick H..

    To @Brian Gibbons you have made it abundantly clear to me that you are no slouch yourself in the's matters.

    This post that I quoted you in fills my nethers with all sorts of warm and fuzzy feelings. One of my goals as a RE Investor is of course to make money but my mission statement is 100% based on solely creating win/win transactions for all involved parties where everyone in a given transaction benefits. At present I am working with a seller that the strategy you just mentioned could be a perfect fit for. I do my best to add solid value to every relationship I form both professionally and personally. Off the top of my head I'm not sure what I can offer you. None the less you come off genuine, sincere, interested in helping others grow, and knowledgeable in this area.

    If you could find it in your heart and busy schedule to delve into this strategy's outline, timeline, involved parties, and such with me. I would be more than willing to negotiate a piece of the profit pie to you if you can assist me with moving this property towards a successful close. I apologize if I seem ignorant of certain issues I should already be aware of. I am doing my best to grow and learn in as a methodical means as possible unfortunately that also results in the asking of others who know more than I to help me out.

  • Investor · Lakeland, FL · Member since 2015 · 344 posts · 606 votes
    10y
    Originally posted by @Brian Gibbons:

    @David Dey

    Maybe you could talk about using sale and purchase agreement with a long settlement date  to be used just as well as an option to purchase :)

     Currently doing that on a 24 unit condo complex in Tampa.  Control of the property is control of the property.  

    Do you have a preference as to which you use, and why?

  • Investor · Lakeland, FL · Member since 2015 · 344 posts · 606 votes
    10y
    Originally posted by @Dan Dwyer:

    Hello community members,

    I like Brian Gibbons stumbled upon this insightful and informative meeting of the minds late in the game so to speak. At present I am writing this post with a strange mix of a heavy heart and bright eyes.

    I must admit that once again a thread composed of the thoughts of investors so further along in the industry than I, has left me in a bewildering mixed state of melancholy and renewed exuberance.

    It has been made abundantly clear to me in short order as well that in the ecosystem of REI I would be likened to something like a near defenseless sea cucumber who expels their insides when they get freaked out in a mostly vain and benign means of defending itself. I at the moment have so many things to learn and so much growing needed to be done before I can even look to gaze upon the beauty of the upper echelon type investment strategies that have been posted in this thread as possible scenarios.

    I most unfortunately do not have anything to offer in the way of a solution to this scenario. All I do have to offer is a genuine thank you to the members who shared their ideas on this thread. The members of this community open my eyes to new investment strategies and concepts on a daily basis as well as continuously renewing my passion for REI.

    In closing I found this thread extremely beneficial and look forward to ones like it in the future. I apologize that this little sea cucumber didn't have something better to offer this thread other than a thank you.

    Alas all good things come in good time. You will be hearing more of my thoughts and ideas on matters such as these soon.

     Oh dear sea cucumber, no need for melancholy.  Nor any need to spit out your insides, both hilarious yet disturbing at the same time.  

    Trust me, I created this thread with the intent to learn just as much as anyone else.  The second we stop learning is the second we shut down our resources for growth, both business and life.

    I hv always said that there are as many ways to make money in real estate as there is real estate.  So I haven't even scratched the surface yet.

    There are guys out there that are head and shoulders above me in knowledge and guys who are head and shoulders above them.

    I remember, a few years back, I sat with a small group listening to a veteran investor named Andy.  His claim to fame was that he had been in business for over 30 years, and had never paid zero in taxes.  He had been audited 12 times and all filings had been accepted as filed.

    I listened as he spouted off more information on creative uses of IRA's, 1031 exchanges, and other things, knowing I would not grasp 90% of the information he shared that night. I just hoped to glean a few nuggets to build off of.

    This man had forgotten more about that aspect of real estate then I have ever learned.

    You'll be fine sea cucumber just keep feeding.  :)

  • Investor · Bay Shore, NY · Member since 2014 · 1k+ posts · 688 votes
    10y

    @David Dey

    Thanks for posting the puzzle and its solution. It's intriguing to read all the posts and follow the thoughts of everyone as they showcased their problem solving abilities.

    Yes, this was educational at best and interestingly enough there was no wrong answer.

    But, yours being the right one as it got the problem resolved and the fines reduced drastically.

    From the start, you had it etched in your mind to help solve the problem for the seller and yourself through negotiations, along with getting significant reductions in the fines.

    In the end the BP community felt like they were a part of the solution and you directed the "play" with enough teasers, to keep everyone glued to their screens as they waited for the final answer.

    In reading the posts, this exercise in problem solving reminded me of trying to solve the Rubic's cube.

    Congrats, this was well orchestrated and I/we look forward to more real life stories from you and others, that will contribute to the learning process for everyone at all levels of their REI career.

  • Raynham, MA · Member since 2013 · 103 posts · 20 votes
    10y

    Sincere thanks for your kind words @ David Dey I promise I will ethically transmorphify into bigger, better, more survivable and self sustainable sea creatures in my REI journey 10001 leagues beneath the sea. Good day sir

  • Investor · Lakeland, FL · Member since 2015 · 344 posts · 606 votes
    10y
    Originally posted by @Linval T.:

    @David Dey

    Thanks for posting the puzzle and its solution. It's intriguing to read all the posts and follow the thoughts of everyone as they showcased their problem solving abilities.

    Yes, this was educational at best and interestingly enough there was no wrong answer.

    But, yours being the right one as it got the problem resolved and the fines reduced drastically.

    From the start, you had it etched in your mind to help solve the problem for the seller and yourself through negotiations, along with getting significant reductions in the fines.

    In the end the BP community felt like they were a part of the solution and you directed the "play" with enough teasers, to keep everyone glued to their screens as they waited for the final answer.

    In reading the posts, this exercise in problem solving reminded me of trying to solve the Rubic's cube.

    Congrats, this was well orchestrated and I/we look forward to more real life stories from you and others, that will contribute to the learning process for everyone at all levels of their REI career.

     Thank you for your kind words.  I'll be putting on the next one shortly

  • Investor · San Jose, CA · Member since 2012 · 2k+ posts · 3k+ votes
    10y

    David,

    You're a genius. You understand the foreclosure process well and executed it flawlessly. The City could have that piece of land for about $20k had they foreclosed and paid off the first lien holder. 

    You got paid for solving someone else's problem. Well done. Thanks for the thread. It's a great learning curve for everyone.

  • Raynham, MA · Member since 2013 · 103 posts · 20 votes
    10y

    @David Dey what about private messaging some top dogs & heavy hitters that are intrinsically knowledgeable about your next topic that you would like to have their 2 cents to be added into your deal or no deal/how would you structure the deal threads.

    As well as doing the same thing for some deserving start up investors committed to making a positive impact in the lives of others.

    I know that I could vastly benefit and grow from these powerfly productive meetings of the minds. I'm  sure many others would too.

    Right after you get your next thread set up send out some PMs and you could end up having a collected audience waiting in their seats in eager anticipation of your next spitballing, brainstorming, Vulcan mind meld deal or no deal thinktank session.

    I myself would not want to miss out on threads such as these.

    Keep them coming.

    Good luck in all your endeavors and for all you trekkies out there that may or may not have enjoyed the reference Live Long And Prosper...

  • Investor · Lakeland, FL · Member since 2015 · 344 posts · 606 votes
    10y
    Originally posted by @Account Closed:

    David,

    You're a genius. You understand the foreclosure process well and executed it flawlessly. The City could have that piece of land for about $20k had they foreclosed and paid off the first lien holder. 

    You got paid for solving someone else's problem. Well done. Thanks for the thread. It's a great learning curve for everyone.

     Thank you for your kind words.  Let's start another one.

  • Raynham, MA · Member since 2013 · 103 posts · 20 votes
    10y

    @David Dey what about private messaging some top dogs & heavy hitters that are intrinsically knowledgeable about your next topic that you would like to have their 2 cents to be added into your deal or no deal/how would you structure the deal threads.

    As well as doing the same thing for some deserving start up investors committed to making a positive impact in the lives of others.

    I know that I could vastly benefit and grow from these powerfly productive meetings of the minds. I'm  sure many others would too.

    Right after you get your next thread set up send out some PMs and you could end up having a collected audience waiting in their seats in eager anticipation of your next spitballing, brainstorming, Vulcan mind meld deal or no deal thinktank session.

    I myself would not want to miss out on threads such as these.

    Keep them coming.

    Good luck in all your endeavors and for all you trekkies out there that may or may not have enjoyed the reference Live Long And Prosper...

  • Lynnwood, WA · Member since 2015 · 221 posts · 157 votes
    10y
    Originally posted by @David Dey:

     In case I did not say it before: You are my hero!

    Awesome! Please post more!

  • Investor · Lakeland, FL · Member since 2015 · 344 posts · 606 votes
    10y
    Originally posted by @Doug N.:
    Originally posted by @David Dey:

     In case I did not say it before: You are my hero!

    Awesome! Please post more!

     Aww shucks!!  T'weren't nuthin!!  :)

    Yup, I'm actually going through my deals to see which one will be the next example.  

    It's between my favorite eminent domain deal or the current project I'm closing on tomorrow on a 24 unit condo complex.

  • Investor · Orange County, CA · Member since 2015 · 2k+ posts · 3k+ votes
    10y

    I thought you were going to say that since the property was 100% vacant already, you bulldozed the multi, built a parking lot in its place, and either split the parking fees with the city or rented it back to them, negotiating that they drop the fines in the process to get what they wanted.  That, I thought, is for sure how a Grand Poobah would do it. But then you came up with a much simpler, elegant, and profitable solution that made this Poobah look not so Grand. You da Poobah, @David Dey! :)

  • Investor · Lakeland, FL · Member since 2015 · 344 posts · 606 votes
    10y
    Originally posted by @David Faulkner:

    I thought you were going to say that since the property was 100% vacant already, you bulldozed the multi, built a parking lot in its place, and either split the parking fees with the city or rented it back to them, negotiating that they drop the fines in the process to get what they wanted.  That, I thought, is for sure how a Grand Poobah would do it. But then you came up with a much simpler, elegant, and profitable solution that made this Poobah look not so Grand. You da Poobah, @David Dey! :)

     Man!!!  That was the best idea yet!!!  You da Mac daddy Poobah!!  I see a reality TV show, maybe a run for president, and most definitely a comb over in your future!!! 

    Keep at it!!

  • Orlando, FL · Member since 2014 · 93 posts · 35 votes
    10y

    David,

    Now this is what I call an education. Thanks for taking the time to come up with this idea and the timely feedback to all the participants.

    I look forward to the next one. 

  • Investor · Lakeland, FL · Member since 2015 · 344 posts · 606 votes
    10y
    Originally posted by @Chris Romany:

    David,

    Now this is what I call an education. Thanks for taking the time to come up with this idea and the timely feedback to all the participants.

    I look forward to the next one. 

     That's what I was hoping it would be, and fun too.  

    I'm actually writing out the next one... So stay tuned!!

  • Professional Auctioneer · Baltimore, MD · Member since 2015 · 1k+ posts · 1k+ votes
    10y
    Originally posted by @David Dey:
    Originally posted by @Account Closed:

    Big problem, the local government has the hammer. They can take the property and pay the bank off and build their parking lot. 

    If the wife had mortgage insurance with BOA the mortgage could be paid off. Mortgagors forget about this most of the time. I'd want to look at her mortgage doc. 

    I would review her mortgage docs to try to find mistakes in the docs, like a misquoted APR, a mistake in the legal description, an escrow over charge in payments, an illegal interest. File a notice to defend or file a suit against BOA. This will delay the foreclosure.

    Determine the actual cap rate based on the existing rents. Negotiate directly with the owner of the property, showing her the cap rate and the value based in the CAP Rate and condition of the building

    Get in the chain of title by making her an offer well below the market value and based on the cost of abating the code violations, the low offer  would be an hybrid, meaning paying her a percent of the net profit realized over the contract price. This offer would be a delayed settlement subject finding an assignee.

    Next, talk to code enforcement and the Mayor or whom ever runs that municipality to let them know that this is a hardship case, ask them to take this situation under advisement  and to give this elderly owner an opportunity to abate the code violations and elimate the fines. Taking her property for their public use would be immoral. 

    If successful so far, clean up the property, replace tenants who will pay more, increase the value and the CAP.

    Put the property on the market or offer it at a reserve public auction.

    Go to settlement, collect your assignment fee, give owner the offered price plus the hybrid percentage.

    There are lots of missing information here, but based on what you state, this is my best solution.

    Charles Parrish

     Charles some great thoughts here!!  I like what your thinking.  Here are a few pieces that I noticed you pointed out and I'll clarify.  As mentioned, if there are any other missing pieces or you need clarity let me know.  I'll fill in the blanks.

    Clarification 1) yes the city could foreclose on the lien however, this is not a major municipality so they don't have the discretionary funding to pay off the note.  They would have to go through a lengthy process including votes and such to get the money to pay off the lien.  In fact, that mtg is the one thing that is stopping them from just moving forward with the process. P.S.  Word is, that they have reached out to the bank and asked them if they would donate their equity in the note to the city by satisfying it.

    Clarification 2)  the owner is amenable to work however necessary.  The realtor is cooperative because she doesn't have a clue how to resolve this.

    The listing price is set to cover the mtg, the lien, (though the lien keeps growing at $200 a day) the realtor fee and closing costs.  If there is anything left that's a just a bonus.

    Clarification 3) the entire property is in disrepair and 100% vacant.  Though the repairs are not horrible, the estimate was around 150k to repair, though of course it could go up some.

    Again, love your thoughts.

     Thank  you - Charlie

Join the conversationCreate a free account to reply, vote on answers and follow this thread.