Best ways to close on off market deal

Best ways to close on off market deal

Member since 2022 · 8 posts · 6 votes

Hello everyone. I'm fairly new to the bigger pockets community but have been listening to every podcast since around May of this year. I currently own 2 single family residence, 1 multi unit and am in the process of acquiring another single family. This current acquisition is with a seller whom I know fairly well as he was my neighbor, an elderly gentleman that simply wants to retire and cash out of the property after some family members of his completely trashed the place. When he purchased the property in 2017 he paid around $89k and though I don't have an exact payoff yet, owes around $67K currently. Back in May when we first spoke about me purchasing the property, the ARV was around $215k but now I'm guesstimating its probably at around $180K and I'm guessing that number because this property is a twin, and though it has a few more added features such as it being a corner property, finished basement, back yard and a deck, I own the attached property which appraised for $178k in December of 2021.

My initial thought was to assume the mortgage at its current rate (I've never done an assumption) and give him the remaining $40K+ in cash. However, the mortgage company informed us today that the loan is only assumable in the case of death or divorce and so I'm back to the drawing board on how to go about this. I could get a conventional loan but I doubt the property would pass an inspection in its current condition. I could use a hard money lender but not sure if that's necessary or even a wise choice because of the interest I would be paying out in the 4 months it would take to complete the renovations/repairs (I'm my own contractor for all repairs and I work solo, hard to find good help). I know there are other ways to do this, my cash for this project was limited to $60k for acquisition and repairs if the assumption had worked out but now I'm not sure what's the next best move. I should add that I plan on renting out the property as I build my portfolio, this wouldn't be a flip.

Secondly, after listening to episode 689, I've been searching for a good CPA, signed up for Avail and RentRedi to compare and purchased my QuickBooks account instead of using excel. My properties are not all just in my name. I have one property that's in my LLC and the others are all in my name. An attorney associate of mine suggested doing a quit claims deed to place the others in my LLC also, but does that make a huge difference from a tax perspective? He suggested because I asked if its possible to transfer the properties to my LLC while there are still mortgages on them.

As I stated before I'm new here so forgive me if I'm asking the obvious or haven't provided enough info. I can follow-up with any needed info, thanks in advance for any and all advice.

-JR

3Reply
53 views

Most Popular Reply

Kerry BairdPro Member
Rental Property Investor · Melbourne, FL · Member since 2011 · 3k+ posts · 2k+ votes
3y
A) the deal with your neighbor.  It would make a great sub2 (subject to the existing financing) deal, where you get the dead and make payments on his mortgage.  Refinance once repairs are done.  Otherwise, create a wraparound mortgage.  Talk with a local investment friendly title agent to see what is possible in your local area.

B) LLC does not make a difference in taxes, just in liability.  
See this reply in the discussion

8 Replies

Jump to latestLatest
  • Kerry BairdPro Member
    Rental Property Investor · Melbourne, FL · Member since 2011 · 3k+ posts · 2k+ votes
    3y
    A) the deal with your neighbor.  It would make a great sub2 (subject to the existing financing) deal, where you get the dead and make payments on his mortgage.  Refinance once repairs are done.  Otherwise, create a wraparound mortgage.  Talk with a local investment friendly title agent to see what is possible in your local area.

    B) LLC does not make a difference in taxes, just in liability.  
  • Wale LawalBusiness Member
    Real Estate Broker · Houston | Dallas | Austin, TX · Member since 2018 · 5k+ posts · 2k+ votes
    3y

    @Junior Hall

    Let’s now take a look at some of the top real estate tips for buyers who are planning on finding off market real estate deals.

    1- Work with a real estate agent
    The simplest way to ensure the smoothness of any real estate deal is to simply work with a real estate agent. In fact, the role of the agent is even more important when buying off market real estate. The extensive networks of these professionals will allow you to reach the ideal property seller in a matter of days. Furthermore, the agent can handle the entire buying process for you, from making an offer to finalizing the deal.

    2- Use specialized real estate websites
    Online platforms that are specifically designed to accommodate real estate investors are your best bet when looking for off market properties. The right real estate website will streamline the off market real estate search and help you perform analysis without any hiccups.

    3- Hire a professional appraiser
    Since off market real estate deals take place outside of the MLS, doing a comparative market analysis between multiple listings is not easily doable. Of course, if you do opt to use the Mashvisor Property Marketplace to find off market properties, each listing will come with real estate comps. If not, however, getting a professional appraisal is one of the first things that you should consider when finding off market properties. As a matter of fact, this is the only way to ensure that you are not overpaying for an investment property. A professional appraisal will give you an accurate estimate of the property's value so that you know how much to offer and can even point you towards any necessary work that needs to be done.

    Related: A Guide to the Cost Approach to Real Estate Valuation

    4- Get your investment property financing lined up
    A key part of securing a smooth off market real estate deal is having your financing lined up the moment you reach an agreement with a seller. While financing these deals differs from traditional investment loans, most brokers are willing to finance off market purchases. In most cases, the mortgage provider will require an additional appraisal as well as a copy of the purchase and sale agreement in order to assess the risk of the deal.

    5- Buy title insurance
    Getting title insurance when buying an off market property protects you from potential liens in the future. This is especially the case when dealing with investment properties that have not been occupied for a long time. Examples of liens on a property include judicial, tax, and mechanics’ liens.

    6- Conduct an inspection of the premises
    Before closing an off market real estate deal, you need to conduct a thorough inspection to ensure that everything is in order. Such an inspection might reveal severe structural issues that could potentially compromise the investment property. Consequently, an inspection can be grounds for negotiating a lower price with the seller.

    Related: The Ultimate Property Inspection Checklist for Real Estate Investors

    7- Hire an attorney to handle the closing
    Unless you are an experienced real estate investor, handling closing paperwork is better left to an attorney. The paperwork typically consists of around 100 pages of documents that should be carefully examined and signed. At this point, your mortgage provider will also request to examine the documents. Once the lender approves, the deal between the two parties can be finalized.

    All the best!

  • Benjamin AakerPro Member
    Rental Property Investor · Brandon, SD · Member since 2015 · 1k+ posts · 1k+ votes
    3y

    Hi Junior and welcome to BP!
    The seller has signed loan docs that don't allow assumption of the loan. This is common. The bank wants to know who they will be dealing with, so they put in a due-on-sale clause. It's not illegal to assume the loan or for the seller to sell the property. The bank might not even exercise this clause. You can use an attorney to set up a subject-to deal such as @Kerry Baird suggests. I recommend you have a plan to obtain the 67k to pay off the mortgage in a hurry should the bank call it due. They don't often do that because that kills their ability to earn interest on the mortgage.

    Wondering what you mean by giving him the remaining $40k in cash. Have you settled on a value of 107k for the place? Sounds like a good deal if the ARV is 180k. Since you use ARV, make sure you have a good estimation of the cost to rehab. 73k isn't a lot of money for a place that's not able to make a conventional loan. Kerry has already answered your second question.

  • Rental Property Investor · East Wenatchee, WA · Member since 2014 · 10k+ posts · 16k+ votes
    3y
    Quote from @Kerry Baird:
    A) the deal with your neighbor.  It would make a great sub2 (subject to the existing financing) deal, where you get the dead and make payments on his mortgage.  Refinance once repairs are done.  Otherwise, create a wraparound mortgage.  Talk with a local investment friendly title agent to see what is possible in your local area.

    B) LLC does not make a difference in taxes, just in liability.  
    I was going to say exactly what Kerry said!    Sub2, pay mortgage directly + 2nd SF pay the seller.   
    Don't get over your head with fancy smancy accounting software and no, LLCs don't help with taxes enough to be a main reason to use them.  
  • Kerry BairdPro Member
    Rental Property Investor · Melbourne, FL · Member since 2011 · 3k+ posts · 2k+ votes
    3y

    @Junior Hall, I saw my typo after a few comments here.  You need to "get the deed" which conveys ownership. 

    Once you own the house, you own it.  You want to do good by your neighbor, and make regular on time payments on his mortgage.  The title company can set up the closing information, the payment plan, get the deed recorded, and fill out a legally binding contract so that you are obligated to buy and he is obligated to sell.  

    You have already been working at the negotiating bit, so you don't need an agent in the middle to take a cut and muddle things up.  Just an investor friendly title company.  

  • Rental Property Investor · Boston, MA · Member since 2019 · 2k+ posts · 1k+ votes
    3y

    Good work. Find an amazing RE attorney to help with this!

  • Member since 2022 · 8 posts · 6 votes
    3y

    Thanks everyone, Amazing advice! I’ve hired a RE attorney to handle the transaction. My neighbor (The seller) has agreed to the sub2 which really works on both sides. We hope to close by mid - late January. 

  • Kerry BairdPro Member
    Rental Property Investor · Melbourne, FL · Member since 2011 · 3k+ posts · 2k+ votes
    3y

    @Junior Hall, Way to go!  

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