Need Deal Advice- today!

Need Deal Advice- today!

Investor · Rochester Area, NY · Member since 2012 · 79 posts · 17 votes

Hi and Happy New Year!

I have a deal that is going south, so I wanted to brainstorm some ideas to see if it is worth saving. Because the deal is in attorney review...I will be generic about the specifics.

So here is the summary...

1. I have an offer with the seller - signed and in attorney review

2. There is a seller's agent only and I am working with the agent directly. (The realtor will be both the buyer/seller agent and will receive full commission)

3. The seller bought the home < year and began renovations. The home still needs repairs. Renovations have stopped due to problems with the owner. The owner's family has a POA to complete the sale...all I can say for now.

4. There is a mortgage on the home.

5. I found out their is a mechanic's lien on the home that is 10% of the sale price value.

6. Agent was not aware of the lien. The family was not aware of the lien (they claim).

7. House is upside down now with my offer and lien. Owner may have filed bankruptcy...don't know when.

8. Attorney's are reviewing to see if there are any other liens.

My thoughts...

1. Check to see if mortgage is assumable..is there a way to pick up the mortgage and leave the lien with the seller? (they can not payoff with purchase current offer)

2. Look at lease purchase where I pick up the lien with a reduced lease (then sublease to recover lien expense) agreement and a fixed purchase price after lease end

3..The seller's family work off the lien (they are contractors...bad idea).

4. Walk away

5. What else?

I will have today to pick a direction. Your input would be appreciated.

Regards and Happy New Year!

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  • Nashville, TN · Member since 2013 · 86 posts · 40 votes
    12y

    I am an agent/broker. As an agent, I would cut my commission to get the deal done and offer a partial payment of the mechanics lien to clear it in lieu of getting nothing if and when the seller files bankruptcy.

    If the seller is late on payments short selling is an option. I have a short sale guy who is a wizard.

    One deal doesn't make a real estate career - keep the ball in motion if it doesn't cost you anything out of pocket and keep looking for your next deal. If you find a better one, and you're only doing one at a time, move on.

  • Investor · Rochester Area, NY · Member since 2012 · 79 posts · 17 votes
    12y

    Steve, I have worked with realtors in the past that have done what you suggested...there is still a gap if I can get the realtor to do that...but it may be a start.

    Thanks!

  • Investor/Landlord · Farmington Hills, MI · Member since 2011 · 1k+ posts · 1k+ votes
    12y

    Mark you have identified a number of landmines. With such a complicated scenario there may be a few you have overlooked. Is the deal really that good that it is worth trying to navigate the field? Are strong deals that difficult to find in your area? If so, at least get an attorney involved. I would probably walk away (at a brisk pace) and start fresh for the new year but I would never presume to know your situation.

  • Investor · Rochester Area, NY · Member since 2012 · 79 posts · 17 votes
    12y

    Jeff, thanks.

    My market is suburban and the home is the only one at this price point. Yes there are landmines...I walked away from a deal in the fall that was a "By Owner". Unrealistic sellers that ended up taking less $ 6 months later. My market is very competitive at this pricepoint. I am competing with first time buyers and owner occupied that tend to over bid.

    I do have an attorney and I am prepared to walk away...just making sure I am not missing something here.

  • Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    12y

    The BK issue would have to be resolved of course, if it exist. Also, has anyone tried to negotiate the mechanic lien?

  • Investor · Rochester Area, NY · Member since 2012 · 79 posts · 17 votes
    12y

    No, seller didn't know about it. I found out by checking out county records. No one knew. Good point though!

  • Investor · Rochester Area, NY · Member since 2012 · 79 posts · 17 votes
    12y

    Wanted to thank everyone for their advice. I ended up trying the above tactics, but we couldn't get this to work. Probably a blessing in disguise.

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