What should I do with this negative cash flow rental?

What should I do with this negative cash flow rental?

Lebanon, NH · Member since 2012 · 258 posts · 87 votes

I have a negative cash flow property out of state I bought about 10 year ago that was a mistake before I knew better.  Trying to decide to take a big hit and sell it cheap or hold on to it and hope market recovers.   I owe $182k on it and can probably sell it for $165k right now.  So that plus real estate commissions and closing costs I will lose a big chunk of change.  The house was built in 1976 and has a dated kitchen and bath.  Roof likely needs to be replaced in a few years.  Furnace and water heater are old. Other things are dated.  It's in a decent location and has good curb appeal.  Rents well.  It has new flooring.  I've lost money on it every year the last 10 with negative cash flow.  

My options:

1. Pay off the 2nd mortgage and refinance the first where it will be slight positive cash flow (will require about $44k out of my pocket to pay the loans down to the point I can refi) and get it re-rented with professional property management.  The hope here is that in say 3 years the market will be better and I won't have to take as big a loss on a sale.  Issue here is the property needs a lot of work (roof, furnace, etc...), and in 3 years when IF the market improves I will still be selling a dated house and I may have to incur more costs then expected on maintenance, repair, updates.  I do think the market does have potential to recover some in price, but it's a big IF.  But I will be putting a lot more money into a property I don't want and was a mistake.

2. Just sell it cheap and take the loss.

I don't really want to do a lease option or real estate contract because of all the legal issues with getting a tenant out if they don't pay. And even then I'm likely to get the house back in the future and tenants may cause damage. It's not a good market to do a FSBO either to try and save on commission. Don't want to do a short sale and wreck my credit either.

Any thoughts and suggestions?  Which choice is better?  I have had great success in the years after learning the lessons from buying this first loser.  But I still have this albatross to deal with from a dumb decision I made 10 year ago.

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Chris ClothierBusiness Member
Rental Property Investor · memphis, TN · Member since 2009 · 2k+ posts · 3k+ votes
12y

@Rob Cee -

I'm not a fan of the advice to just lease option for 10 down and hope they default to do it all over again.  If it were that easy, the only way anyone would invest is with lease options.  Possibly some of the other commentators on here have that particular niche as their expertise, but I think all would agree there is much more to that particular route than simply "just do it".  

The situation you have painted here in your post would make me at a minimum consider another route.  More than likely you are a passive investor (assumption based on your post).  I would get with my CPA and lawyer and consider dumping the property now.  You will take a passive loss on your tax return that, based on your other passive investments, can offset your passive income.  If you have no passive income today but are planning to do more investing and actually make money, then you can carry that loss forward into future years to offset that income.

You would absolutely have to consult with your CPA first to make sure you plan correctly.

I have been in business for a long, long time and one thing I have learned is that the first loss is the best loss.  Don;t waste time hemming and hawing.  In your post you don't sound comfortable continuing to hold this property because it reminds you monthly that it was a mistake.  I would (and I speak from experience) create the best loss possible and work with my CPA to offset the loss on my taxes.  It may not necessarily feel like a win, but when you have your time back and can move forward without thinking about the past mistake, you will be free to move forward faster and more freely. 

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  • Property Manager · Santa Rosa, CA · Member since 2014 · 56 posts · 16 votes
    12y

    @Rob Cee I would discourage the use to a predatory lease-option where your strategy is dependent upon the borrower defaulting. It is just unethical IMHO.

  • Lebanon, NH · Member since 2012 · 258 posts · 87 votes
    12y
    Originally posted by @Brian Gibbons:
    Originally posted by @JC Gauthier:

    Lease-Option it for 3 years with a $10K or more down and hope they default and do it all again in 3 years for another $10K or more down.  By then it should be worth quite a bit more then what you owe.  

     That's predatory , go thru a RMLO w the tenant buyer to protect u as the seller with the ATR rule of the Dodd Frank.  Do you get the penalty for not underwriting the buyer?  36 monthly payments, court costs, attorneys fees, down payment.

    Does Dodd Frank apply to lease-options? I thought the seller financing you had to worry about was the typical seller financing where you carry back a note on the property and transfer the deed.  A lease option is not technically seller financing, it's a lease with a separate option to buy, the deed is not transferred.  It's just a lease. I talked to a local attorney in New Mexico and he told me a lease option didn't apply to Dodd Frank. Maybe he was mistaken?

  • Real Estate Agent · Charleston, SC · Member since 2013 · 424 posts · 99 votes
    12y

    I don't believe what I said was shady. Last time I checked, if you default on a bank loan, they do not give you your down payment back. Asking for higher interest isn't shady either, you deserve to be compensated for taking a higher risk. No different than how a credit card works, and I'm sure most of us have one of those. I personally don't believe in just taking a loss, rather coming up with a creative solution. You said yourself you can make it cashflow positive. As Robert Kiyosaki said it's about building cash flow and your assets. If you can make this thing positively cash flow with a further investment, why not? Selling it cheap to get out is just going to let another investor come along and do everything you could've done yourself. 

  • Real estate investor · Las Vegas · Member since 2013 · 798 posts · 171 votes
    12y

    @Jason Eyerly somethings are more important than making money.  However, even if making money is your king concern you will lose many more dollars once you have tarnished your reputation than what ever pocket change you picked up looking to pass the trash or take advantage of someone that doesnt know any better.  A creative solution is something that solves problems for both parties- not setting someone up for default- EVEN if they dont know any better.  And @Brian Gibbons , yes I agree, we all unfortunately have more restrictions to deal w/ bc of shady practices of others.

  • Lebanon, NH · Member since 2012 · 258 posts · 87 votes
    12y

    If a lease-option buyer records the option agreement it can cloud title right?   How do you remove that cloud if the buyer doesn't exercise the option or you have to evict?

  • Real Estate Investor · Fenton, MI · Member since 2008 · 946 posts · 153 votes
    12y
    Originally posted by @Brent Ecton:

    Hello @Rob Cee  I'm sorry you're in this situation, bleeding cash monthly has got to be one of the worst things...  If you do decide to consider the LO or REC route, 

     I have heard of lease options, but what is a "REC"?  I have also heard of wraps, but I am not sure I understand them entirely.  In re lease options do you just advertise them in Craig's List like you would a rental?  Where do you get lease option contracts? 

    Thanks to anyone who can explain the above terms and questions.

  • Lebanon, NH · Member since 2012 · 258 posts · 87 votes
    12y

    REC is a Real Estate Contract (aka contract for deed).  From my research I think LO are a better, simpler way to go.  I read a document on REC's last night and they seemed terribly complex.

  • Real Estate Investor · Fenton, MI · Member since 2008 · 946 posts · 153 votes
    12y

    Why are some calling a lease option unethical?  I am not arguing, just trying to understand.  If you enter into an arms length contract with another person, and it is fully disclosed that you will keep the lease fee if they do not exercise the option I do not see the problem. 

  • Real Estate Agent · Charleston, SC · Member since 2013 · 424 posts · 99 votes
    12y
    Originally posted by @Pete T.:

    @Jason Eyerly somethings are more important than making money.  However, even if making money is your king concern you will lose many more dollars once you have tarnished your reputation than what ever pocket change you picked up looking to pass the trash or take advantage of someone that doesnt know any better.  A creative solution is something that solves problems for both parties- not setting someone up for default- EVEN if they dont know any better.  And @Brian Gibbons , yes I agree, we all unfortunately have more restrictions to deal w/ bc of shady practices of others.

     I believe the reason anyone does this at all is to make money, so I'd have to disagree with you there. Anyways, are you saying that when a company charges you a higher rate or requires a larger down payment because you are a riskier loan than someone with good credit, they are setting you up for default? That sounds pretty ignorant to me if that is what you are saying. Giving a higher risk applicant the loan to begin with is solving a problem for both sides. They need a house but don't have the credit, and you need to sell it. 

  • Investor · Eau Claire, WI · Member since 2014 · 35 posts · 3 votes
    12y

    @Rob Cee, I was in a similar situation. I bought a house (primary home) that I turned into a rental because I was moving. I paid $135k at the peak and there was no way this house was going to rent to cover the mortgage payment. So I turned it into a rental anyway, learned about being a landlord (I had a property management company manage the property since I was out of state). 

    Long story short, I temporarily took the loss by covering the difference in the mortgage and combining that with the tenant's rent until I could do a short sale. I learned from my mistake and I've moved on. It wasn't the end of the world. My advice is to take the lessons that accompany a bad investment and move onto the next property.

  • Investor · Westminster, CO · Member since 2009 · 1k+ posts · 1k+ votes
    12y

    [quote]Mortgage payments at $1,061, property tax $160, insurance $50. The house rents for about $1,200/mo.[/quote]

    While this is a loss, it really isn't that bad. I have one just a little north of you, in Durango, CO, that when I first rented it, was getting $1,500 a month and the PITI was $1,900 a month, plus a management fee. I tried to sell it, but couldn't sell it for $100,000 less than it cost to build, so I just bit the bullet. Two things have happened since then. First, the rent went up to $1,600 and the bank re-wrote my loan so my new PITI is $1,450. Not a great money maker, but my patience saw a slow turn around!

  • Apopka, FL · Member since 2014 · 183 posts · 23 votes
    12y

    Lighten up @Robert Leonard  - Get creative like @Jason Eyerly suggests.   That deal is a deal for someone who can't get a mortgage through this great banking system we have.  For someone who's worked their butts off after what we went through with this economy, have now saved up $10K, $20k or more $K to invest in a property for themselves but the great banks won't lend.   And if you hire a 3rd party company that assures the purchaser fits by all the Dodd-Frank guidelines, you are fine. 

    @Rob Cee was worried about him having to take the property back and I was merely expressing how the worst case is you collect another $10K, $20K or more $K for it again.   Yes their are costs involved and that's what the new down payment covers.   This deal wouldn't be upside down for long, especially with Jason's creative way.   This is what has helped a lot of people get through the crash and back on their feet.   

    An investor could buy it the same way, put some money in it to fix it.  Raise the rents a bit and change into a cash flow property pretty quick.  Pay down the second mortgage and the payment is instantly lowered and cash flowing.    

    Look up Joe McCall and follow his suggestions on Lease-Options.  

    JC

  • Lebanon, NH · Member since 2012 · 258 posts · 87 votes
    12y

    After looking into this more and thinking about it more, I think a LO would be the best solution for this property and there could be a way to fix the situation and reduce my loss considerably with a LO.  And I would be more likely to try this if I lived there locally where the house is.  But another challenge is just being a thousand miles away from the property and not having a lot of local connections there.  Having to find trustworthy people to do everything for me, not being able to check myself to see if things are done correctly, not being able to see for myself the condition of the house, etc... all makes me lean towards just cutting it loose and taking the big loss.  

  • Apopka, FL · Member since 2014 · 183 posts · 23 votes
    12y

    Property Management company with great references!

  • Investor · Lafayette/Baton Rouge, LA · Member since 2013 · 1k+ posts · 915 votes
    12y

    @JC Gauthier if you don't have the strength to carry a little integrity, don't expect me to lighten up to your low standards.  Suggesting that someone fork over $10k+ of their money, however they earned/obtained it, and hoping that they default for the sake of your own profit is bad business and reflects poorly on anyone who calls themselves a real estate investor. 

    I don't care how creative you or anyone else thinks that is. 

  • Investor · Crystal, MN · Member since 2013 · 486 posts · 277 votes
    12y

    My posts are messed up. I keep trying to say I wouldn't adhere to the advice offered by JC Gauthier, because it is bad business. You want to be known in the community, by realtors, investors and the like as having integrity. But the idea of a lease option might work here. The tenant/buyer is someone with less than perfect credit, and cannot get a loan from a bank. You sell an option to purchase in the next three years. Set a price that the property will appraise to in three years. Let the tenant/buyer maintain and improve the property to the ARV target. Your concern over repairs is warranted, but it could be a great opportunity for a tenant/buyer with home improvement skills. For good info on lease options, I like Wendy Patton's book "Investing in Real Estate with Lease Options and Subject To Deals".

  • Investor · Lafayette/Baton Rouge, LA · Member since 2013 · 1k+ posts · 915 votes
    12y

    @David Moore I couldn't disagree with you more.  You are buying into the idea of creating value out of thin air.  That's what I call these LO deals with "future appreciation" in a price.  None of us has a crystal ball, so none of us can bank on appreciation happening.  But the LO crowd puts a nice spin on it and says, oh you are helping someone who can't qualify for bank financing.  So by putting the burden of an inflated price on an already overleveraged property on to someone who isn't creditworthy, you are helping them? 

    A person who isn't qualified to buy, should rent. If you want to owner finance to them and charge a higher rate of interest than the bank would, that makes sense. But when you raise the price to above FMV and expect the "buyer" to pay all maintenance/repairs, you create an unreasonable disadvantage to them ever being able to qualify, build equity or one day actually become a homeowner. Texas made some pretty drastic changes to the laws regarding LOs not long ago. I don't think they are known for any liberal tenant bias, but the changes reflect real consumer protection from unethical practices.

    I'm a capitalist to the bone, but I think many LO strategies are a set up for failure.  Here are the reasons:  If I put 10k down on a 100k property, financed by a bank, they will only loan me the money if it appraises for that value today (not some point in the future).  If I have a financial hardship (or mismanage my finances) that causes me to miss a payment, I get a hit on my credit score and my home and equity are still mine (not considered defaulted and all lost like with LO).  If I can't make the payments, I can put it on the market and sell it quickly at 95k and not all is lost.

    Are there disadvantages when you wreck your credit. Yes as it should be.  Paying a higher rate of interest and requiring a higher down payment make sense, but jacking up the price to a price that is not connected to the market is totally unjustified.  Losing thousands of dollars for totally unforgiving terms of a LO arrangement also puts a disproportionate burden on the LO "buyer."  Even if the LO buyer gets their finances in order, what happens when the property doesn't appreciate like you anticipate and the property doesn't appraise for your inflated price?  They do everything right to get their finances on track and still get left with a raw deal.

    I know LO can be used ethically, but I've seen far more of the "thin air deals" where value is created where none exists.  It is an alternative for investors to renting and paying for repairs, maintenance, and property management as a cost cutting strategy.  It is purely cash flow focused and the LO owner is doing nothing to add value to the property or the neighborhood.  I see it as slum lording repackaged.  It all sounds good the way that it gets spinned, but it's the same old slum lording that's always been there.

  • Landlord and Rehabber · Newton, MA · Member since 2010 · 2k+ posts · 877 votes
    12y

    This is a rabid dog and should be brought out back and shot...

    Sounds like you can maybe make it cash flow if you bring a lot of money to the table to refi?  I suppose that is a solution if you would rather do that then sell.  

    Seems like waiting for it to appreciate while you have major capital items looming that could hit before it does doesn't seem like a good gamble.  Maybe if there was some rosy news, but all you said about the area was that the government is PULLING jobs out of there.  Not what I would look at as a good piece of info to base an appreciation gamble on.  

    At this point you have rolled the dice for ten years on it and the house has spanked you every year on it.  I am for cutting your loses before you need to put $5-10K into it for some of these big ticket repairs.

    While I think that the LO and owner finance route is not a predatory practice in and of itself, I do fall more on the side of most of the people advocating for that here are just trying to push off a bad investment on someone else.  The advice that it will work out for you seems to pretty much hinge on people defaulting so you can collect more fees a couple years later.  I really don't see anyway to make this a good deal for you without pretty much screwing the next guy.

    You seem like you are ethical and want to do the right thing and have some reservations about this advice.  I say follow your gut on this one.  You will sleep better and won't have to worry about looking yourself in the mirror in the morning.

  • Investor · Crystal, MN · Member since 2013 · 486 posts · 277 votes
    12y

    Robert Leonard,

    I couldn't agree with you more.  It sounds like you've run across a lot of bad apples out there.  Remember I posted about integrity in the business community.  Part of that means when you do a LO, you are still doing due dilligience to check the renter, to make sure they have the  ability to purchase.  In my market, homes appreciate slowly, but that may not be true in all markets.  My point is, don't take advantage of the renter...it is bad business.  Don't want them to fail...want them to succeed.  A happy, satisfied customer is worth the referrals for a lifetime.  Part of my strategy is to buy low and sell LO so that the house will appraise for the renter during the term.  Also, let's not overly complicate what an option is.  It is a rental agreement with an option to purchase at a pre-set price.  It is then in the renters interest to keep the property in great shape, to ready for his/her purchase date.

    I advise anyone to learn, learn, learn.  Lease options are just one tool in the tool belt. 

  • Investor · Crystal, MN · Member since 2013 · 486 posts · 277 votes
    12y

    Oh, just want to chime in on the ethics of a lease option. As an investor, it is a good tool to acquire properties. Guess what? You have to pay an option fee to tie up the house for sale for 3 years. So don't throw out charges of unethical behavior without considering that the person who puts down $5K or $10K for a lease option clouds the title for the 3 years of the option, or whatever the term. That owner cannot sell the property. And the option price stays constant. If you are not in this business to make money, you are not in this business. And again, Dodd Frank...go to a REIA and learn about it...don't take a Google search or most of these opinions as fact. Talk to someone who knows about it, as opposed to just being afraid of it.

  • Apopka, FL · Member since 2014 · 183 posts · 23 votes
    12y

    I guess @Joe McCall's entire empire he built from Lease-Options is from stealing from people and not helping them achieve the American Dream. HHmmmm, as well as all the other respected multi-millionaire investors like Sean Terry and Matt Theriault.  I guess they are all bad apples too! - lol

    Secondly, nobody can predict the future. My statement made was in a worst case scenario situation. @Rob Cee was concerned about if it does fall through.  If they default, you have no choice but to do it all over again and you are in a better position or you might be able to sell at a profit at that time!!! You guys are twisting things unless you really think I have a crystal ball of some sort that can predict when a Lease-Option is going to fail or not.

    @Rob Cee  it sounds like you are not being narrow minded and  going in the right direction, just do all your research first.   Seriously look into Joe McCall.   Reach out to the more Savvy and creative investors in Bigger Pockets.  Find an investor in the area where your property is and have them help.   You can use help with feet on the ground and you can pay them out of the Down Payment from the Lease-Option that us bad apples might do! 

    Either way, Good Luck with the property and keep your head up about it, you'll get through it. 

    JC

  • Investor · Portland, OR · Member since 2012 · 266 posts · 128 votes
    12y

    [[Ignoring the ethics of LO discussion, and back to the main question]]

    It's hard to say what you should do here because there are a lot of things that you know, that we don't (and are probably none of our business).  So, I'll make a couple assumptions about the house. 

    I'll say you paid 240K, financed 95%+, and got two mortgages - one at 6.5% and a second at 12%.  Insofar that this is true, i think the first goal should be to get rid of the 12% rate, regardless of how you do it, or what happens to the house.

    Assumption 1: You're Rock'n it.  

    I'll assume that you make a solid six-figures at your stable job.  I'll assume that you are in this for retirement, that is still 15 years out - but that you are also investing in other ways.  I'll assume that this is not your only rental, but that you will keep your number of properties lower - less than 5.  I'll assume that you have cash - enough to pay around 40K AND still have a safety net (6-months of expenses).

    If this is the case, I would try and find a way to hold the property.  This is probably paying off the second and getting rid of the CMI.  Even without your second mortgage and CMI, you will probably still have a negative cashflow for several years, of around $3000/year.  But, once you factor in principle paydown and taxes, you are likely to be increasing your total net worth each year by a few K (maybe $2000 - after the $3000 negative cashflow).  Given that you have zero equity in the house right now, that net worth increase only costs you a minor negative cashflow.  This is a form of forced investing, and one that requires you to be financially secure enough to stomach negative cashflow and future volatility.  On paper, this is probably the option that results in you having the most money long-term. and in the best shape in retirement.

    Assumption 2: Outlook is unclear.

    However, if your income is not solid, you are not easily making your monthly requirements, you have consumer debt, etc., or if you are simply losing sleep over the house - I think you need to get rid of the house.  In these situations, you probably can't continue to absorb the negative cash-flow.  Obviously you're right that you will need to bring a lot of money to the closing table if you sell it....

    Alternatives

    • *I would only consider a short sale if your credit score is already below about 600, and you will not need credit for the next 5+ years.
    • *An alternative to option 1 is to simply refi.  Speak with a lender about this - within 5 minutes, they can tell you, about how much you would need to bring to the closing table to do this, and how much your monthly payment would be.  Given that you're 10 years into a 30 year mortgage, this would not be my first plan.  This would cost you a lot of money - including several K in closing costs.
    • *I would not go the 'fix it up until it's profitable' route.  
    • *No one knows what will happen to prices.  But, if the house is in the part of town that you expect to have prices drop over the next 20 years, I would consider parting ways with the house.
    • *I've never done a LO deal, but I encourage you to speak with a lawyer before going this route.

    All told, this is a bad situation with no great alternatives.  Still, I think if you can absorb the negative cashflow and some big expenses, it may be worth holding.  

    Let us know what you decide and how it goes.

  • Investor · Lafayette/Baton Rouge, LA · Member since 2013 · 1k+ posts · 915 votes
    12y

    Well @JC Gauthier thanks to BP, you can't go back and erase what you wrote. I'm not accusing you or anyone else you're trying to make yourself akin to of anything.  You wrote get "10k or more and hope that they default." If you or anyone else thinks that's how you help anyone achieve the American dream, it's a good thing you aren't TRYING to steal from them.  I think you care more about trying to build an empire than helping anyone else achieve a dream.

  • Rental Property Investor · St Louis, MO · Member since 2009 · 83 posts · 234 votes
    12y

    I really like what @Chris Clothier  said. If it was my personal property, I would not do a lease option. I would sell it and take my losses.  The sooner the better.  But talk to a CPA so you can do it right. 

  • Real Estate Agent · Charleston, SC · Member since 2013 · 424 posts · 99 votes
    12y
    Originally posted by @Robert Leonard:

    Well @JC Gauthier thanks to BP, you can't go back and erase what you wrote. I'm not accusing you or anyone else you're trying to make yourself akin to of anything.  You wrote get "10k or more and hope that they default." If you or anyone else thinks that's how you help anyone achieve the American dream, it's a good thing you aren't TRYING to steal from them.  I think you care more about trying to build an empire than helping anyone else achieve a dream.

     Regardless, if they default, in the end, it's nobodies fault but their own. 

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