The Government Nationalized My Rental Portfolio

The Government Nationalized My Rental Portfolio

Rental Property Investor · Midlothian, VA · Member since 2013 · 41 posts · 39 votes

I am still at a loss to understand how the government has gotten away with Nationalizing my SFH rental portfolio in the blink of an eye. When Donald Trump announced that there would be no evictions on any federally backed loans, he essentially took my assets. Yes, only a third of the mortgages are federally backed, but it empowered local government to follow suit. All local governments in Richmond Va will not take eviction cases. By virtue of doing nothing I cannot remove a tenant from my property. As a landlord I have no recourse. Effectively seeding the asset to the Federal Government.

Now I want to make something REALLY clear.  If you throw out a tenant during a pandemic because they lost their jobs, you are not a good person.  Landlords have a responsibility to be good citizens.  They are business people and had better have planned for tough times.  I have a large portfolio and my collections are at 96%.  Why?  Because we communicate with the tenants, and generally speaking ,most people want to do the right thing on their own.  They don't need the government to regulate it for them. 

Tip:  We bought six rolls of toilet paper for each of our tenants and delivered it to their homes in a gift bag with the hand written message "We are all in this together, if there is anything we can do to help let us know".  We had an AMAZING response!!  People before profit!!

What if I want to sell my asset though?  What if I believe that the real estate market today is the highest it will be for 8 years?  What if my kids need to go to college during those years?  Or I want to retire and cash out?  I cannot remove any of the tenants as there leases expire for what will likely be 6-9 months.  In that time the world will have changed.  No one can be certain what the world will look like at that time, although my guess is not better.  The government stepped in VERY QUICKLY and took control over millions of dollars of assets that I am still responsible for.  

If in times of crisis the government is willing to take this asset class under it's own control, that risk has to be accounted for moving forward in this industry.  Why work ten years to build a portfolio if it won't be there for you when you need it the most?  I fear this impulsive political decision will have a long lasting impact on the landlord industry.  The cycle I built my portfolio during (post 2008) the old grey hairs urged young investors to watch out for the banks.  Be weary of debt (good advice).  The next cycle, old grey hairs such as myself, will warn young investors that rentals have a new risk previously unimagined.  The government can Nationalize your portfolio over night, and there is nothing you can do about it.

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Rental Property Investor · Los Angeles, CA · Member since 2017 · 2k+ posts · 5k+ votes
6y

Local governments started the "no evictions" before the federal government. Congress, not Trump, banned evictions for a short period of time. If you think what happened is "nationalizing" your property, then you have no idea what the word really means. A short-term change to the laws was made to protect people and help reduce the spread of COVID. When the government says no evictions ever, then you can complain. 

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  • Rental Property Investor · Los Angeles, CA · Member since 2017 · 2k+ posts · 5k+ votes
    6y

    Local governments started the "no evictions" before the federal government. Congress, not Trump, banned evictions for a short period of time. If you think what happened is "nationalizing" your property, then you have no idea what the word really means. A short-term change to the laws was made to protect people and help reduce the spread of COVID. When the government says no evictions ever, then you can complain. 

  • Austin, TX · Member since 2019 · 5k+ posts · 5k+ votes
    6y

    Hi Rich,

    When New Orleans flooded, the Government declared whole areas off limits, and some trespassers into those areas were rumored to have been shot dead on sight.

    Tough to collect rents when your places are underwater, but I think the sea water handled (most but not all) evictions (Stuff Happens).

    During a disaster the Government is going to do what it has to for the common good.

    Just my 2 cents!

  • Joe SplitrockPro Member
    Moderator
    Rental Property Investor · Sioux Falls, SD · Member since 2015 · 9k+ posts · 18k+ votes
    6y

    @Rich Lennon no doubt the delayed eviction rules seem to walk the line from a constitutionality standpoint. However they are not giving away rent for free. The tenant is still responsible for rent, so even if you can't evict them, they owe you the money. They would say from a legal standpoint they are not taking your property, they are just modifying eviction laws. Of course we all know collecting rent from evicted tenants is very difficult, if not impossible. In that way you could argue for all practical purposes, their actions take away your chance for financial recovery.

    In the case of the federal government, they were careful to only apply this to federally backed loans. They issue/back the loans, they claim federal jurisdiction. 

    I am thankful in my state that my governor said NO WAY to eviction bans as unconstitutional. States that implemented eviction bans are the same ones that regularly walk all over business owner rights. If you choose to invest in these states, expect it to continue and get worse. I am not saying it is right, but if you play with fire, don't be surprised when you get burned.

  • Property Manager · Richmond, VA · Member since 2018 · 204 posts · 297 votes
    6y

    @Joe Splitrock You're right, but the unfortunate part of this is that Virginia hasn't always been this way. Rich has been in the game before it turned. Many investors in VA are shocked at how fast things are changing.

    @Rich Lennon none of my loans are federally backed. This is the first time I’ve been grateful for that and have seen a real benefit. This makes me less likely to have a federally backed loan in the future too.

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

    @Rich Lennon It is a dirty deal for sure. I don't have any loans and I still can't evict. This could get a lot worse we have loud politicians who have zero regard for private property and many even want to nationalize private industry. Hola Venezuela!

  • Investor/Agent/Entrepreneur · Dallas, TX · Member since 2016 · 464 posts · 564 votes
    6y

    I get where you're coming from and share the frustration. Just from the other perspective, the government has to protect the people. They cannot let thousands, millions of people get evicted. Plus there is no court system that can handle all of this currently until they all start slowly opening up, at limited capacities. Landlords do not all put people first like you do, unfortunately, and there are a lot of terrible landlords - especially in lower income neighborhoods. To let the market/landlords dictate during this time would just create a mess that I think could be bigger. The government has to step in during such an unimaginable time and not let there be exponential homelessness. 

    I completely understand your frustration, but from what you say you have 96% of tenants paying, so why not exercise your option to sell that portion of assets if you want? It seems like such a well managed portfolio would be hot right now. 

  • Rental Property Investor · Midlothian, VA · Member since 2013 · 41 posts · 39 votes
    6y


    @Greg M.  I was a bit taken aback.  To Nationalize is to transfer from private to state control.  This is 100% what happened.  If you are not sure of that, go try to sell one of your rentals to an owner occupied.  Or try to evict a tenant who is fully employed and has not paid rent since prior to the pandemic.  A tenant that is just gaming the system.  They are rare, but they are real.  You do not control that asset, the state does.  They will let you know when you can have it back.

    @Greg M. Also, it is our obligation to complain, so that it does not BECOME no evictions ever.  HEROES Act is currently passed the House with a one year no evictions ban from date of ratification (page 962) .  Likely some form of the bill will pass into law in mid June.  Fingers crossed cooler heads prevail.  If this clause lasts, by June 2021, 14 months will have passed since  evictions were possible locally.  Although there is some wording about evictions can take place, the threshold is extremely low.  Verbal notification type of threshold.  Local courts will likely err on the side of no eviction if there is any doubt.  How long is to long?  I say this because I think it is important to contact our Senators, Governors, City Counselors and Congressmen/Congresswomen.   This is really scary stuff.  Stuff that will ruin entrepreneurs lives.  

    @Scott Mac Fair point about New Orleans.  The government though has not shut off a fairly small part of one city, this is wide spread.  Tough for me to accept what the "common good" is.  Government is picking winners and losers, it is not allowing the free market to exist.

    @Joe Splitrock Yes, this seems to be a violation of the Fifth Amendment. Two quick points:  1)  Anyone who has been a landlord knows that a tenant who is more than 2 months behind is almost never going to catch up.  It is a shame, but true.  2). Will they reimburse the equity I will lose in the asset from the today until the time I am permitted to sell the property?  My guess is 100% no.  :). Also, that is awesome that the governor of what I assume to be South Dakota made that stance.  I will note though that the HEROES Act would include South Dakota.

    @Bjorn Ahlblad Yes, thank you.  This must be added to the risk associated to this asset class moving forward.

    @Stephen Glover That might be the ultimate answer.  No federally backed anything.  

    My observation is that this increases the risk, in this specific asset class, in this specific way, and will need to be calculated moving forward of a landlords business model.  100 free and clear used to be the goal.  Now I am reconsidering that.

  • Rental Property Investor · Los Angeles, CA · Member since 2017 · 2k+ posts · 5k+ votes
    6y

    That is 100% not what happened.  Venezuela nationalized private property. Look up what they did. Congress placed temporary rules on evictions during a pandemic. You took advantage of a cheaper loan that was federally backed. You now get to play by their rules. Don't like it, refinance or pay off the loan and you're free to evict. And you never really controlled that asset or any other. You have as much control as the government and people with the guns will give you. 

    If you really think that your property was nationalized, I'll buy it from you at 50% of independent appraisal. That's a stunningly good deal for you. After all, you don't own it any more, it's been nationalized. It's worth $0 to you, but I'll give you way more. 

  • Handyman · Pittsburgh, PA · Member since 2018 · 5k+ posts · 13k+ votes
    6y

    So the government's jackboot comes down on our necks. For many of us, this is the first time this has happened in our privileged lives. It's amazing how many bleating snowflake LJWs have come out on this site, Landlord Justice Warriors.

    In this world, right and wrong only matter between parties of equal power. Elsewhere, the strong do what they want and the weak suffer what they must. It's as true today as when Thucydides pointed it out 3000 years ago. Stop mourning the tragic loss of your illusions.

  • Rental Property Investor · Red Bank, NJ · Member since 2017 · 1k+ posts · 1k+ votes
    6y

    One of the things we must remind ourselves of is this- If you are a regular visitor to this site then you are likely a responsible landlord and decent business person. It is frustrating - but there are a heck of a lot of landlords out there that are not.

    If you are operating at 96% rent collection, then take a moment and pick-up the paper- There are a heck of a lot of people out there getting decimated. You need to exercise some gratitude.

    Were you planning on selling? Is your kid starting college (correspondence course ;) )? No? Then deal with the here and now- don't get wrapped up in projecting "what if's?"

    One thing I know for sure is this- If they did not suspend evictions in my market, then some shmucks would have filed half-assed and sloppy ones that would have brought an even harder hammer down on us.

    Use this time to re-assess and re-evaluate your holdings, screening and purpose. I am in a good place because NJ is a very tenant friendly market. Yet it is still very worth my while!

  • Joe SplitrockPro Member
    Moderator
    Rental Property Investor · Sioux Falls, SD · Member since 2015 · 9k+ posts · 18k+ votes
    6y
    Originally posted by @Stephen Glover:

    @Joe Splitrock You're right, but the unfortunate part of this is that Virginia hasn't always been this way. Rich has been in the game before it turned. Many investors in VA are shocked at how fast things are changing.

    @Rich Lennon none of my loans are federally backed. This is the first time I’ve been grateful for that and have seen a real benefit. This makes me less likely to have a federally backed loan in the future too.

     You are right Virginia has not always been this way. The political climate has shifted from red to blue in the state over the last few years. This is a political issue. Look at all the states that have passed eviction bans and all the politicians proposing "free rent". It is a liberal view point on property owner rights, business regulation and tenant/landlord relationship. 

    Sadly most every mom/pop landlord has Fannie or Freddie backed mortgages, so this hurts small landlords, many of which are struggling with their own business or job issues.

  • Pittsboro, NC · Member since 2020 · 5 posts · 3 votes
    6y

    Could you refinance to a non-Fannie/Freddie loan?  That obviously doesn't solve the courts not accepting eviction suits, but would bypass government interference...?

  • Joe SplitrockPro Member
    Moderator
    Rental Property Investor · Sioux Falls, SD · Member since 2015 · 9k+ posts · 18k+ votes
    6y

    @Rich Lennon the HEREOS Act was pushed through the house by only Democrats and the President has already said it is dead on arrival in the Senate. They knew it was a non-starter when they passed it. They will need to negotiate a watered down version with the President / Senate. Part of that will be removing the year ban on evictions so I am not worried. 

  • Handyman · Pittsburgh, PA · Member since 2018 · 5k+ posts · 13k+ votes
    6y
    Originally posted by @Joe Splitrock:

    @Rich Lennon the HEREOS Act was pushed through the house by only Democrats and the President has already said it is dead on arrival in the Senate. They knew it was a non-starter when they passed it. They will need to negotiate a watered down version with the President / Senate. Part of that will be removing the year ban on evictions so I am not worried. 

    The HEROES act really is one of the weirder things I've seen in this life. Just a work of political art painted by an ape escaped from the leash. But at this stage...my outrage bucket is empty. Roll with the punches for now until it's time to swing.

  • Rental Property Investor · RVA · Member since 2016 · 5k+ posts · 4k+ votes
    6y

    "I have altered the deal. Pray I do not alter it any further." - The Federal Government

    I disagree that it is inherently evil to evict people during a market downturn. That's the agreement, rent for a place to stay. We can work with people to a certain extent, but bills need to be paid. Our paying tenants should not have to subsidize nonpaying tenants' rent, and I made a promise to my investors to take any step I can to preserve and grow their investment. Part of that means holding tenants to their lease agreements.

    The government provides cheap debt and in return, they get some level of control. They rarely exercise that control, and now we're seeing it happen. It's not really realistic to say that now they've nationalized real estate assets, when they've been backing loans for decades.

    We can't have it both ways, with cheap government debt but no form of government control. If we're taking money from them, they also have a hand on the wheel.

  • Rental Property Investor · South shore, MA · Member since 2017 · 1k+ posts · 1k+ votes
    6y

    “Tip: We bought six rolls of toilet paper for each of our tenants and delivered it to their homes in a gift bag with the hand written message "We are all in this together, if there is anything we can do to help let us know". We had an AMAZING response!! People before profit!!”

    common, gimme a break... What was holding you back from providing toilet paper 4 months ago? Just looking for reciprocation.

    Does true altruism even exist? There are reasons by any decision, no one is completely selfless, whether it be you, your tenants, or the government. 

    Make the best of the hand that’s dealt. 

  • Investor · Boston, MA · Member since 2015 · 1k+ posts · 3k+ votes
    6y

    @Rich Lennon

    Warren Buffet says "Writing a check separates a commitment from a conversation."

    You've made the case that your portfolio has, in effect, been seized by the US government and that violates your right to due process.  

    How much was the retainer to get an attorney working on stopping this and what court(s) have they filed suit(s) in? Can other landlords join your ongoing lawsuits to form a class action?

  • Rental Property Investor · Portland OR · Member since 2018 · 2k+ posts · 3k+ votes
    6y

    The other day the NYT had on its front page a list of 1000 names.   Just apprx 1% of the almost 100,000 folks that have died in the US in apprx 4 months.  

    This stopped me in my tracks. It was shocking and visceral. 

    Us kids were holding my mom when she died. My dad died holding my sisters hand. 

    The people that have died from C19 had nobody. They died for the most part alone. 

    What were you saying? Sorry, I got distracted by the thought of all the innocent people that lost their lives. 

  • Rental Property Investor · Gulf Shores, AL · Member since 2019 · 107 posts · 115 votes
    6y

    @Mary Mitchell

    100,000 out of >330 million in the US? How many other diseases kill people more people than this per year? Where was the empathy then?

    I’m getting tired of this type of rhetoric. Everything that is happening right now is extremely unfortunate but it’s no different than the many other tragedies occurring daily in this world that everyone chooses to ignore.

    I have had two family pass from COVID-19 and they would turn over in their graves if they thought I exploited their deaths as some sort of emotional justification like you’re trying to do here.

    It’s shameful, manipulative and fallacious. Come up with a better argument.

  • Philadelphia, PA · Member since 2017 · 824 posts · 1k+ votes
    6y

    When I find myself writing out different responses and deleting them, and doing this over and over again, I end up just not responding. Because you won't like the truth, but here it is in a nutshell.

    Jesus, the whining nature of some people. You operate a business with 96% of your income still coming in, while restaurants, bars, other small businesses would beg and plead for 20% of it. Count your blessings dude.

    The Venn diagram of people complaining about wearing a mask AND complaining that the government is infringing on their rights as landlord is a mothertruckin' circle. You want this over? Wear a mask. Lower the spread. The disease doesn't care if you fly a Trump or Biden flag.

    And finally, you live in a free country that you pay taxes to, has laws you must abide by, has norms we generally all adhere to, and your fellow citizen will call you out if needed (sometimes incorrectly). The government, thanks to a pandemic, will have to treat the care of the masses. What's best for us all, unfortunately -- and quite temporarily -- is not best for you. Tough cookies. You are only as free as the country lets you be, and generally, you're pretty free. Extraneous issues will affect the governments ability to continue to let you be free. You cry about the "world changing" - its changing all the time, dude. There's 7 billion people on the planet, someone's going to muck something up.

    And finally..."When New Orleans flooded, the Government declared whole areas off limits, and some trespassers into those areas were rumored to have been shot dead on sight." Yeah, no, that didn't happen. Can you imagine the field day if the GOVERNMENT (backed by local police and federal agents) would SHOOT PEOPLE DEAD ON SITE, IN A MOSTLY AFRICAN-AMERICAN AREA, and what would happen? Just, some of the things people say...its outrageous to me.



  • remodeling contractor · Birmingham, AL · Member since 2015 · 69 posts · 49 votes
    6y

    Elections are in November, this is how to change things in our country.  

  • Rental Property Investor · Portland OR · Member since 2018 · 2k+ posts · 3k+ votes
    6y

    @Reginald Ross you missed my point. Covid 19 is the reason we are where we are. 

    And no, this is not like every other tragedy (which does not mean I am down playing the others) what other modern disease  has killed this many people in 4 months??

    count your blessings innovate and create. that is how you will survive this financially 

    Eta i am sorry for your loss :(

  • John BeasleyPro Member
    Investor · North Chesterfiled, VA · Member since 2014 · 21 posts · 22 votes
    6y

    @Rich Lennon

    Purchased foreclosure at Auction 3/2/20.

    Can't get court date until 7/6/20 .

    It took 3 attempts to schedule date following the clerk's office specific instructions.

    No loan involved.

    Just the courts not hearing anything but emergency cases.

    Just another bump in in road!

  • Julie MarquezPro Member
    Investor · Skagit County, WA · Member since 2016 · 1k+ posts · 807 votes
    6y

    @Rich Lennon I don't like everything about it either, but I am thankful to have an asset that I can still control parts of and still love working on the properties and interacting with the tenants. How cleaver to give out roles of toilet paper - way to be proactive! I also love that we have control of who we put in our units (I'm not in the city limits of Seattle - thank goodness) so we don't have issues on the back end. Even with the government in our business, I love the control over this asset better than stocks or bonds and might have to hand out some toilet paper now!

  • Syndication Expert and Investor · Indianapolis, IN · Member since 2016 · 591 posts · 808 votes
    6y

    I don't like the moratorium any more than any one else here but calling a temporary eviction moratorium "nationalization" is simply hyperbolic and reactionary. 

    You're definition of "Nationalization" essentially means that the apartment industry has been nationalized for decades - Fair Housing Act, ADA, etc. There has always been rules about who you can evict and for what reason. The reality is this is a highly regulated industry so there shouldn't be so much surprise. 

    It's not like you will never be able to evict again. Just tell residents that the eviction is delayed and will be enforced as soon as possible. It's a temporary delay.

    Additionally, if you are benefitting from Government backed debt, that is artificially cheap because of the implied guarantee, then you have to accept the strings that come along with it. Now if you want to argue that the government should stop propping up the real estate industry and stop guaranteeing mortgages, go right ahead, but just be ready for prices to collapse. 

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