How do investors in Texas handle Subject 2 property insurance?

How do investors in Texas handle Subject 2 property insurance?

Residential Real Estate Broker · Spring, TX · Member since 2016 · 6 posts · 0 votes

We are close to being ready to do our first Subject 2, in the Houston area.  

We have not been able to find a title company to close us. 

 StarTex said they didn't do them anymore. 

Does anyone know a title company? 

We also have not been successful in finding a property insurance company.  How do most investors handle the property insurance?  

Thank you so much for your info.

We are feeling discouraged. 

Kathy Hewitt 

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Greg H.Pro Member
Moderator
Broker/Flipper · Austin, TX · Member since 2013 · 4k+ posts · 4k+ votes
9y
Originally posted by @Account Closed:

Maybe with your insurance company they will.  My insurance company won't even know about the person on the note.  You are pompous my friend.

Not pompous at all. And.....I surely do not comment on topics I am not familiar with either. You might want to read up on a Sub2 transaction in Texas before you tell me it is a simple as a phone call to USAA. My recollection is they will not touch a Sub2. The lender will require the Seller(again... the person who is on the note) to be an insured party. Failure to do so can result in forced insurance and possibly exercising the due on sale clause contained in the Deed of trust

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  • Greg H.Pro Member
    Moderator
    Broker/Flipper · Austin, TX · Member since 2013 · 4k+ posts · 4k+ votes
    9y

    Search Wally Tingley in Austin and he can take care of it all or refer you.  He has closed thousands of these

  • Investor · Charlotte, NC · Member since 2016 · 374 posts · 189 votes
    9y

    I use USAA for all may insurance.  I just call them and say I have another house.  Any broker can get you insurance.  This should be pretty easy.

  • Greg H.Pro Member
    Moderator
    Broker/Flipper · Austin, TX · Member since 2013 · 4k+ posts · 4k+ votes
    9y
    Originally posted by @Account Closed:

    I use USAA for all may insurance.  I just call them and say I have another house.  Any broker can get you insurance.  This should be pretty easy.

    The OP is talking about a Sub2 purchase. It is more complicated than a phone call and most insurance companies have no idea how to proceed. The seller/note holder will be listed as additionally insured.

  • Investor · Charlotte, NC · Member since 2016 · 374 posts · 189 votes
    9y

    Insurance companies don't care.  My insurance company has never once asked if I own the property of if I have my name on the mortgage.  The OP asked how you get insurance.  That is simple.  Call an insurance company.  This is real, real easy.  If the OP wants info on the escrow strategy, that is easy as well.

  • Greg H.Pro Member
    Moderator
    Broker/Flipper · Austin, TX · Member since 2013 · 4k+ posts · 4k+ votes
    9y
    Originally posted by @Account Closed:

    Insurance companies don't care.  My insurance company has never once asked if I own the property of if I have my name on the mortgage.  The OP asked how you get insurance.  That is simple.  Call an insurance company.  This is real, real easy.  If the OP wants info on the escrow strategy, that is easy as well.

     You have no idea what you are talking about.  The seller( the one who secured the mortgage) will need to be on the policy

  • Investor · Charlotte, NC · Member since 2016 · 374 posts · 189 votes
    9y

    Maybe with your insurance company they will.  My insurance company won't even know about the person on the note.  You are pompous my friend.

  • Rental Property Investor · Los Angeles, CA · Member since 2010 · 804 posts · 230 votes
    9y

    I used Stewart Title to close a subject 2 in Houston.

  • Greg H.Pro Member
    Moderator
    Broker/Flipper · Austin, TX · Member since 2013 · 4k+ posts · 4k+ votes
    9y
    Originally posted by @Account Closed:

    Maybe with your insurance company they will.  My insurance company won't even know about the person on the note.  You are pompous my friend.

    Not pompous at all. And.....I surely do not comment on topics I am not familiar with either. You might want to read up on a Sub2 transaction in Texas before you tell me it is a simple as a phone call to USAA. My recollection is they will not touch a Sub2. The lender will require the Seller(again... the person who is on the note) to be an insured party. Failure to do so can result in forced insurance and possibly exercising the due on sale clause contained in the Deed of trust

  • Real Estate Agent · Austin, TX · Member since 2014 · 636 posts · 486 votes
    9y

    @MIke Hewitt, you should pay attention to @Greg H.'s advice rather than that of @Account Closed. The downside of asking for advice on the internet is that you only get advice from people who post on the internet.

  • Investor · Charlotte, NC · Member since 2016 · 374 posts · 189 votes
    9y
    Originally posted by @Greg H.:
    Originally posted by @Account Closed:

    Maybe with your insurance company they will.  My insurance company won't even know about the person on the note.  You are pompous my friend.

    Not pompous at all. And.....I surely do not comment on topics I am not familiar with either. You might want to read up on a Sub2 transaction in Texas before you tell me it is a simple as a phone call to USAA. My recollection is they will not touch a Sub2. The lender will require the Seller(again... the person who is on the note) to be an insured party. Failure to do so can result in forced insurance and possibly exercising the due on sale clause contained in the Deed of trust

     See, now you are talking about the lender.  Which isn't needed for insurance.  You can always not escrow.  You can ignore their demands that you add the borrower to the insurance.  You really think they are going to foreclose on you because of that?  Give me a break.  Do you always follow the rules others dictate to you?  The OP asked how you get insurance on a sub 2 deal.  You are answering a different question.  You are answering the question, how do I appease the mortgage company in regards to insurance on this deal which is completely different.  Perhaps you need to think outside the box more critically before telling me my poop stinks.

  • Greg H.Pro Member
    Moderator
    Broker/Flipper · Austin, TX · Member since 2013 · 4k+ posts · 4k+ votes
    9y
    Originally posted by @Account Closed:
    Originally posted by @Greg H.:
    Originally posted by @Account Closed:

    Maybe with your insurance company they will.  My insurance company won't even know about the person on the note.  You are pompous my friend.

    Not pompous at all. And.....I surely do not comment on topics I am not familiar with either. You might want to read up on a Sub2 transaction in Texas before you tell me it is a simple as a phone call to USAA. My recollection is they will not touch a Sub2. The lender will require the Seller(again... the person who is on the note) to be an insured party. Failure to do so can result in forced insurance and possibly exercising the due on sale clause contained in the Deed of trust

     See, now you are talking about the lender.  Which isn't needed for insurance.  You can always not escrow.  You can ignore their demands that you add the borrower to the insurance.  You really think they are going to foreclose on you because of that?  Give me a break.  Do you always follow the rules others dictate to you?  The OP asked how you get insurance on a sub 2 deal.  You are answering a different question.  You are answering the question, how do I appease the mortgage company in regards to insurance on this deal which is completely different.  Perhaps you need to think outside the box more critically before telling me my poop stinks.

     Drink much ? Again, you have no idea what you are talking about.  And yes , to me and well just about everyone but you, the insurance done correctly as to not alert the lender, is kind of a big deal

  • Property Manager · Katy, TX · Member since 2015 · 1k+ posts · 1k+ votes
    9y

    You can use Homeland Title on Spring Cypress Rd. 

    Best of luck!

  • Investor · Charlotte, NC · Member since 2016 · 374 posts · 189 votes
    9y
    Originally posted by @Greg H.:
    Originally posted by @Account Closed:
    Originally posted by @Greg H.:
    Originally posted by @Account Closed:

    Maybe with your insurance company they will.  My insurance company won't even know about the person on the note.  You are pompous my friend.

    Not pompous at all. And.....I surely do not comment on topics I am not familiar with either. You might want to read up on a Sub2 transaction in Texas before you tell me it is a simple as a phone call to USAA. My recollection is they will not touch a Sub2. The lender will require the Seller(again... the person who is on the note) to be an insured party. Failure to do so can result in forced insurance and possibly exercising the due on sale clause contained in the Deed of trust

     See, now you are talking about the lender.  Which isn't needed for insurance.  You can always not escrow.  You can ignore their demands that you add the borrower to the insurance.  You really think they are going to foreclose on you because of that?  Give me a break.  Do you always follow the rules others dictate to you?  The OP asked how you get insurance on a sub 2 deal.  You are answering a different question.  You are answering the question, how do I appease the mortgage company in regards to insurance on this deal which is completely different.  Perhaps you need to think outside the box more critically before telling me my poop stinks.

     Drink much ? Again, you have no idea what you are talking about.  And yes , to me and well just about everyone but you, the insurance done correctly as to not alert the lender, is kind of a big deal

    That is pretty much an old wives tale.  This is not the 80s.  Institutional lenders have tens of thousands, if not hundreds of thousands of foreclosure cases pending and more in the pipeline.  It makes virtually no difference if the lender knows or not.  1) they are getting paid as per the contract 2) Their property is insured wth them and you and you are a fully authorized person on the account.  Amidst all the chaos, an auditor is not going to recommend foreclosure on a note that is getting paid.  They have too many other notes that are not.  I know what you are saying, but to me it just isn't necessary.  You are telling the OP that your way is the only way and it just plain isn't.  Like everything in life, I make decisions on probability.  And the probability of what I am saying versus what you are saying are virtually the same.  I suppose if the property had 250K in equity, they may choose to foreclose because they are greedy, but that is not known nor the deals I tend to deal with.

  • Greg H.Pro Member
    Moderator
    Broker/Flipper · Austin, TX · Member since 2013 · 4k+ posts · 4k+ votes
    9y

    @Account Closed

    I will try this one last time as my intent was to help the OP get a Sub2 closed in Texas

    You are correct that this is not the 80's. FHA and VA loans were non-qualifying assumable until Dec 1989 so no need to be concerned. But I am sure you knew that already

    You are correct that exercising the due on sale clause is very rarely exercised.  But it is not an "old wives tale".  Here is one of several extensive BP threads addressing the potential reality

    https://www.biggerpockets.com/forums/311/topics/18...

    There are other considerations with the insurance in addition to the DOS. The seller in many cases will be the mortgagee and his interest will need to be protected as well as the mortgagee on the underlying mortgage

    Can you close by just "calling USAA and telling them nothing"? Sure.  Would an experienced Title Company/Attorney closing the transaction do it that way ? Never

  • Investor · Ocala, FL · Member since 2016 · 8 posts · 5 votes
    9y

    Hey guys, If you are taking title in your name at this closing then yes you will need Homeowners insurance in your name at the closing. What the primary concern is ensuring that the existing lender that your are now paying is listed as the 1st loss payee on the policy (mortgagee clause). You could contact the sellers existing insurance company and have policy transferred to your name leaving the existing mortgagee clause in place. You could contact a new insurance company obtain insurance in your name and reflect that existing lenders mortgagee clause shown as loss payee.  This probably won't trigger the existing lenders due on sale clause anymore than having a new deed recorded in your name in public record.  It is always a possibility but not probable. 

  • Investor · Charlotte, NC · Member since 2016 · 374 posts · 189 votes
    9y
    Originally posted by @Greg H.:

    @Account Closed

    I will try this one last time as my intent was to help the OP get a Sub2 closed in Texas

    You are correct that this is not the 80's. FHA and VA loans were non-qualifying assumable until Dec 1989 so no need to be concerned. But I am sure you knew that already

    You are correct that exercising the due on sale clause is very rarely exercised.  But it is not an "old wives tale".  Here is one of several extensive BP threads addressing the potential reality

    https://www.biggerpockets.com/forums/311/topics/18...

    There are other considerations with the insurance in addition to the DOS. The seller in many cases will be the mortgagee and his interest will need to be protected as well as the mortgagee on the underlying mortgage

    Can you close by just "calling USAA and telling them nothing"? Sure.  Would an experienced Title Company/Attorney closing the transaction do it that way ? Never

     Just so I can be educated on this, can you point me to the Texas General Statute that requires the insurance in the manner you describe in a subject 2 deal?  I did a quick search and didn't turn up anything, but I am in NC and I am more familiar with NC State GS than Texas.  Thanks.

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