Help with my first Subject to/Owner financing deal in Texas

Help with my first Subject to/Owner financing deal in Texas

Wholesaler · San Antonio, TX · Member since 2015 · 10 posts · 0 votes

Owner has this property on the market FSBO for 362.5k, he will sell for what he owes 352k. Property is worth 390K. Payments and taxes are current. Mortgage payment is $2,310 PITI No repairs needed. He needs to sell as soon as possible since he is getting relocated for work. Initially he is open to Lease option to buy within 6 months of lease. He doesn't want to pay commissions nor closing cost. House has been 21 days on the market already.


I'am thinking to offer Subject to or owner financing for what he owes. (I understand in Texas you need to own the property to be able to offer a lease option on the exit). I would be asking for at least 3 to 5 years terms with 0 down with a balloon at the end of term.

The exit I am thinking is looking for a Tenant/Buyer asking for a sales price of 390k with 30k down non refundable deposit. 3k worth of rent and a balloon at the end of the term I get?

This would be my very first deal. I would really appreciate thoughts and ideas.

Thank you.

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  • Real Estate Investor · Burlington, VT · Member since 2010 · 2k+ posts · 1k+ votes
    11y

    @Andres Santos

    My thoughts on this:

    1) If you're offering him $0 down, will this solve the sellers problems ? How will he be able to get a place where's he's relocating?  

    2) I doubt many tenant / buyers will be able to come up with $30k down.

    3) If buying Subject To, what's the strategy if the Due on Sale clause gets called?

    Tom

  • Wholesaler · San Antonio, TX · Member since 2015 · 10 posts · 0 votes
    11y

    Tom, thanks for your input it brings some valid points.

    1.- My mistake about the down payment since he is willing to sell for what he owes.

    2.- Texas has a very unique market. You have foreign nationals moving here that can't qualify for a bank mortgage, yet they have the cash for a down payment in that neighborhood. Also I figured I could take less if that is the case.

    3.- About the due on sale clause I have encounter different opinions on the subject, but if worst come to worst, I'll pay the bank up.

    Once again thanks.

  • Rental Property Investor · East Wenatchee, WA · Member since 2014 · 10k+ posts · 16k+ votes
    11y

    I like your exit strategy but your term for your tenant buyer's buy-in is a little scary.  There is no such thing as a 'non-refundable deposit'. The term for the $30k from your t/b is "option consideration."  Suttle but very important distinction. Not deposit, not down payment.

     Nice find @Andres Santos!

  • Attorney / Multifamily Investor · Houston, TX · Member since 2009 · 173 posts · 136 votes
    11y

    *** This is not legal advice and I am not your lawyer. **

    Do not sell on a lease option in Texas. Do not. Too many legislative landmines and severe penalties for Landlord-Sellers who don't jump through all the hoops. I don't do lease options any more.

    Selling on a wraparound mortgage is much safer and foreclosing in Texas, if it comes to that, is the easiest in the nation. 

  • Investor · Sherman Oaks, CA · Member since 2008 · 6k+ posts · 3k+ votes
    11y

    you can buy it on a wrap from the seller which is common in Texas and now you're on title

    Then you can rented out as a landlord or sell it on a wrap

    The subject to purchase from the seller is risky if the loan gets called

    At least the wrap the seller knows that his long will stay in place

    I would learn from @John Jackson

    Texas about lease options before making an opinion whether they're good or not

  • Wholesaler · San Antonio, TX · Member since 2015 · 10 posts · 0 votes
    11y

    Thanks everyone for such valuable input. 

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