How I lost 200k investing in Rehab project

How I lost 200k investing in Rehab project

Real Estate Investor · Schaumburg, IL · Member since 2014 · 3 posts · 20 votes

I was new to Real Investment, and wanted to learn it so I can generate decent retirement income out of my lifelong savings. I attended REIA meetups(2015) run by Matterhorn Group in Chicago, run by Bob Brock, peter kitchin and GD Chaplin. They used to advertise lucrative rehab opportunities with them where one could invest with them and make 25% to 30% profit in matter of 10-12 months. They presented themselves as pro of the RE industry

Being new, I wanted to join with successful rehab experts like them, so I invested 200K with them to rehab one high-end property that would be sold for 1.8M with rehab cost of 1.1M. Rehab would finish in 10months. I could get upto 50K in profit. Not bad, I thought. 

But once I invested, nightmare unfolded after a year. They could not city permit to tear down old property for over a year, The person with experience was fired as partner. The General contractor was fired. The builders took up additional loans exceeding market value of would-be property, while keeping me in total dark. It took them 16months and 1.6M of debt to finish rehab and put it to market. Unfortunately, I had not recorded my mortgage deed to facilitate additional rehab loans, so I ended up as last person holding a loan and lien.  I requested the borrowers to return my loan and offered them waiver on interest and other incentives. But they refused and played hardball.  Eventually, main lender took them to foreclosure for non-payment of loan obligation. Their loan was worth more than actual market value of rehabbed home. They initially listed the property at 1.8m in 2017. Since than, they reduced it to 1.5M but found no buyers for 18 months.  Now property is foreclosed. With it, my life's savings is gone.

I doubt that property acquired for 550k, would cost 1.1M to rehab to create a market value of 1.4M. No transparency, no accountability to lenders, no communication with investors, no reporting, stalling inquiries, not responding to phones, texts  or emails was their modus operendi.  It affected my mental health so much I had to undergo medical treatment and physical therapy.  I tried to hire a lawyer but I could not afford cost of litigation, on top of losing 200k.

Scamsters like these give bad name to RE industry and keep people like me away from investing in it.

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Rental Property Investor · Mercer Island, WA · Member since 2008 · 22k+ posts · 14k+ votes
8y

Horrible story, @Kirti Patel.  A several really good lessons here.  

For one, this is a business that's absolutely full of hucksters. And all too many of them come to REIA meetings to fleece newbies. In general I would say that the good part of REIA meetings is meeting local people. The person or people at the front of the room should be treated as highly suspect.

For another, never, ever invest all your life's savings in one deal.  My rule of thumb is no more than 10% of your nest egg in any one deal.  I've done some crap deals that turned into a total bust.  And it was painful to see that money disappear.  But it was only a small slice of my nest egg.

Finally, know what you're doing when you get involved.  You would not have had a "mortgage deed" in any case.  You would have had a mortgage or deed of trust, depending on what's used in your state.  You should have recorded this when you made the loan, with the assistance of a title company.  You mention it was not recorded: "to facilitate additional rehab loans".  I suspect the borrower told you that.  That would have been a huge red flag.  If that's what happened the borrower was telling you right then and there "I'm going to screw you".

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  • Colorado Springs, CO · Member since 2016 · 39 posts · 6 votes
    8y
    Thanks for sharing and sorry for your losses. Your message is well received too so that these individuals are known to be crooks. This story makes this community more “real “. The forum seems shy on bad stories
  • Real Estate Agent · Cupertino, CA · Member since 2016 · 4k+ posts · 1k+ votes
    8y

    @Kirti Patel

    That is unfortunate. Even in Silicon Valley where homes are guaranteed to appreciate. Investors here still hit and miss. The rule of flipping is quickly do a cosmetic fix up and put it back on the market without paying high interest from hard money.  Quickly means 3-4 months. Homes with roofing, permits one tries to avoid. Anything that magnitude as described they should avoid. You should go file as many complaints on line (yelp etc).  We get calls all the time to provide pocket listing leads. When asked to meet at office with funds, credit report majority do not show up. Some are legit many are questionable. If invest your name is not on 1st place you walk away quickly. 

  • Investor · Bayside, NY · Member since 2017 · 1k+ posts · 1k+ votes
    8y

    @Kirti Patel Sorry about what happened.

    I agree with those that suggest you ought to get an attorney though it may take you a while. These guys should be taught a lesson. In these cases, it's best to hire one on a contingency basis, else if you pay attorney fees, it's just throwing good money after bad.

    My wife's younger sister was killed by a major company oil truck that ran a red light. She didn't give up calling after the first dozen attorneys who all turned her down. Believe she called over 30 before one will take it on a contingency basis. She found out later that the oil company in question had a practice of never settling and any attorney suing them would be in for a long hard fight. In other words, too much work.

    The accident happened long before I met my wife. When the oil company finally paid up, it was about 10 years after. When I went with my wife to pick up the checks and sign the final paperwork, it was at this attorney's private home. It was explained to me this attorney was retired, no longer maintains an office, but take cases that interests him, to right a wrong, and to have something to do. He told me his kids all graduated college, his mortgage is all paid up, so he's not in it for the money. But the several hundred thousand we got was worth the wait. The attorney's cut was 30%, not bad either. I was told that attorneys working on contingency prefer cases where damages run in the millions, like a business exec being killed, rather than damages in the range of hundreds of thousands where the victim is only a student with no children.

    Oh, you mentioned an LLC. Don't let that stop you because attorneys sue the LLC and the people behind it. I bought a business from an S Corp owner sued by a customer for negligence for over $2 million, both the S Corp and he was personally sued. He was shocked when it happened thinking the S Corp shielded him and it didn't.

  • Bjorn AhlbladPro Member
    Investor · Shelton, WA · Member since 2017 · 6k+ posts · 6k+ votes
    8y

    Kirti, sorry you got taken advantage of so blatantly and so badly. I hope that you are able to gather the energy to try and recoup some of your investment through legal means. Unfortunately there are too many shady operators in any business, but RE sure seems to attract it’s share. I think people lose perspective when the hear too much emphasis on ‘Other People’s Money’ and we even acronym it OPM. I don’t think that it is anything to summarize as ‘new’ or ‘these days’ it has gone on throughout history. Someone we all know was done in for ‘30 pieces of silver’ a while back. There are honest people in this business too; but don’t trust-verify! All the best to you Kirti!

  • Rental Property Investor · Chandler AZ and Sylvania, OH · Member since 2009 · 708 posts · 561 votes
    8y

    @Kirti Patel Thank you for sharing your story.  I think it brings a refreshing warning to all that real estate investing is serious business and not all people are friends.  I see a lot of success stories but hardly anyone shares their failures.  I've failed many many times during the last 10 years and luckily no single screw up put me out of the game.  

  • Edgewater, NJ · Member since 2013 · 29 posts · 2 votes
    8y

    https://www.biggerpockets.com/forums/92/topics/201887-chicago-investment-club-leaders---feedback-needed

  • Real Estate Investor · Schaumburg, IL · Member since 2014 · 3 posts · 20 votes
    8y

    Anybody knows of any lawyer who would  take up such case on contegency basis, I might give it a try. 

  • Tom GimerBusiness Member
    DMV · Member since 2017 · 3k+ posts · 3k+ votes
    8y
    Originally posted by @JD Martin:
    Originally posted by @Kirti Patel:

    Thanks everybody who has replied to my post and offered valuable advice and insight that will others like me. 

    In hindsight, I realized I had made several fatal blunders. 

    1) The borrowers(referred as they in this post) ran REIA, and acted as mentors to dozens of attendees. As a newbie, I was looking for industry experts and mentors. So I easily fell into their influence and trusted them without any basis

    2) When they presented this tear-down-rehab deal, that was too good to be true, I did not do due diligence. To get permit to tear down a property takes over year in Chicago. They never had done such project in Chi ago. They had never rehabbed a high end single-family home property that was worth 1.8M. They flooded the REIA every week with dozens of such high-end deals with 25-30% returns offered to investors, with turnaround in less then a year. Like a kid in a candy store, I fell for it.

    3) I should have got a lawyer involved during loan closing. I had provided down payment to buy property that would be rehabbed. Since I did not provide full capital for rehab, they had to acquire additional financing to fund the project and had requested me not to record the mortgage so that they can offer lender of substantial sum to have a priori claim.  It seems they used this loophole to borrow way beyond potential market value of the rehab and they hid it from me.  They would not even give me the names of other investors and lenders on this and other projects.

    4)This property was held under LLC. LLC has no other asset. They have no skin in the game. So litigating against a LLC would only drain me financially. Even if I succeed in litigation against LLC, they can easily file for bankrutpcy of LLC and evade liability. I donot want to lose anymore than what I already have, hence I am trying to avoid costly legal proceedings

    Thanks everyone for your support, and advice

    Don't be so sure about the LLC thing, as it's not invincible. I was a called witness in a civil trial once where a developer was suing a sub to recover funds, and the LLC didn't protect them; the court still attacked their personal assets. For that much money I would certainly be willing to go another $5-10 for recovery purposes.

    This isn't a piercing the corporate veil situation. OP is referring to how the subject property was titled... which has no effect on how the lawsuit against his "partners" should be handled.  At least that's how I read it.

    Gimer Law517 Reviews
  • Flipper/Rehabber · Knoxville, TN · Member since 2017 · 130 posts · 72 votes
    8y

    Another Chicago based scam, sounds similar to your situation in some ways. 

    Equity Build Ponzi Scheme

  • Flipper/Rehabber · Louisville, KY · Member since 2008 · 1k+ posts · 1k+ votes
    8y
    Originally posted by @Tae C.:

    Another Chicago based scam, sounds similar to your situation in some ways. 

    Equity Build Ponzi Scheme

     Equity build is based in Florida. Some of their property was in Chicago

  • Aurora, IL · Member since 2017 · 11 posts · 0 votes
    6y
    Originally posted by @Kirti Patel:

    Anybody knows of any lawyer who would  take up such case on contegency basis, I might give it a try. 

    Kirti.   I am one of the 12 people mentioned earlier, who has also had bad experiences with Robert Bock.  Feel free to contact me to discuss potential solutions, if you like.

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