Contract Vendee's a.k.a. the paper swap (anyone familar with these?)

Contract Vendee's a.k.a. the paper swap (anyone familar with these?)

Real Estate Investor · Jamaica Queens, NY · Member since 2011 · 42 posts · 9 votes

Anybody know anything about contract vendee's? a.k.a. 'the paper swap'. I usually take notes and do research at night, and any questions I have I inquire with my father the next day. Lurking the forums hear I herd different things about obtaining, and then selling a property with no money down to and end user. Which made me remember a story my father told me a while back. about how he pretty much did this. When he first got into the game a long time ago. Needless to stay 5 law school grads, and a disgruntled family didn't like the idea that a 'Joe whoever, from Harlem turned real estate agent might be smarter than them. So he walked away with some money but not as much as he should've. So he 'licked his wounds' that day. He also told me a story about another 'Zeus level' agent lol here in NYC Philip Pilevsky. Who now teaches from time to time at NYU who did the same thing once upon a time. Except he got away with it and made about 3mil plus his brokers commission! The state did try and sue him for 350k in taxes though....still. Here's the pdf linking to his famous court case. My father printed it out for me. Thought I'd share it for those who'd like to see it.

www.nysdta.org/Determinations/813845.DET.pdf

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  • Will BarnardPro Member
    Moderator
    Developer · Santa Clarita, CA · Member since 2008 · 15k+ posts · 10k+ votes
    15y

    Received your PM regarding this thread. I am not sure I see a question here in your post. Could you specifically type what your question is so I/we may answer?

  • Real Estate Investor · Jamaica Queens, NY · Member since 2011 · 42 posts · 9 votes
    15y
    Originally posted by Will Barnard:
    Received your PM regarding this thread. I am not sure I see a question here in your post. Could you specifically type what your question is so I/we may answer?

    Basically could you gain ownership of a home and then immediately transfer it to an end user for profit. Painting a hypothetical. Say for example you obtained a home for 70k no money down through a contract vendee and flipped it to an end user for 130k. Is this possible?

  • Will BarnardPro Member
    Moderator
    Developer · Santa Clarita, CA · Member since 2008 · 15k+ posts · 10k+ votes
    15y

    OK, so it is right on the first line and somehow I missed it. Your question was, have we heard of such a thing? The answer is yes but it can refer to two things.
    mainly, it refers to a simultaneous closing in which you lock up a property via purchase contract with a seller (seller being party "A", you being party "B" and then you find a buyer who is party "C". The "paper swap takes place in that your end buyer funds your front end transaction A-B, then simultaneously, the B-C transaction is completed using the very same funds. Party B keeps the difference between the purchase amount of A-B and the sell amount between B-C.

    It also refers to land contracts which are seller carried/originated loans.

  • Will BarnardPro Member
    Moderator
    Developer · Santa Clarita, CA · Member since 2008 · 15k+ posts · 10k+ votes
    15y
    Originally posted by Omarwali Jones:
    Originally posted by Will Barnard:
    Received your PM regarding this thread. I am not sure I see a question here in your post. Could you specifically type what your question is so I/we may answer?

    Basically could you gain ownership of a home and then immediately transfer it to an end user for profit. Painting a hypothetical. Say for example you obtained a home for 70k no money down through a contract vendee and flipped it to an end user for 130k. Is this possible?

    Of course you can, that is wholesaling. There are many different ways to wholesale and the process I outlined above is one of many, however, it is also one that is not very easy to do anymore as many title companies do not allow it.

    To wholesale, you can lock up a contract, fund it with borrwed funds and close on it, then immediately, in a second escrow, sell for a higher price to another buyer, keeping the spread between what you paid, plus loan costs and what you sell for.
    You can also "assign" a contract (so long as the purchase contract does not disallow it) to another buyer for a fee.

    Or you can lock up a deal in an entity and sell the entity. Or you can lock up deal in a trust and assign beneficial interest or name your end buyer as the beneficiary at the start and charge a trustee fee. Many different options.

  • Real Estate Investor · Jamaica Queens, NY · Member since 2011 · 42 posts · 9 votes
    15y
    Originally posted by Will Barnard:
    OK, so it is right on the first line and somehow I missed it. Your question was, have we heard of such a thing? The answer is yes but it can refer to two things.
    mainly, it refers to a simultaneous closing in which you lock up a property via purchase contract with a seller (seller being party "A", you being party "B" and then you find a buyer who is party "C". The "paper swap takes place in that your end buyer funds your front end transaction A-B, then simultaneously, the B-C transaction is completed using the very same funds. Party B keeps the difference between the purchase amount of A-B and the sell amount between B-C.

    It also refers to land contracts which are seller carried/originated loans.

    Ah I see, thanks. I've never herd of the land thing care to elaborate?

  • Will BarnardPro Member
    Moderator
    Developer · Santa Clarita, CA · Member since 2008 · 15k+ posts · 10k+ votes
    15y

    A land contract is nothing more than a seller who sells his home to a buyer and rather than that buyer getting financing from a lender, the seller becomes the lender and carries a note (carries back paper).

  • Will BarnardPro Member
    Moderator
    Developer · Santa Clarita, CA · Member since 2008 · 15k+ posts · 10k+ votes
    15y

    That paper the seller now holds can be sold to another investor if the seller wishes to cash out of the paper, hence the term "flipping paper" which can also be done by an investor finding a note, buying that note, then selling the note to another for a profit. No different than wholesaling a home, you can also wholesale paper.

  • Involved In Real Estate · Las Vegas, NV · Member since 2010 · 341 posts · 86 votes
    15y

    You can also do something called an assignment. This assigns your right to purchase the house to another person for a price as you so choose.

    Assignments of contracts are not used very commonly anymore due to title companies (West Coast) not willing to take on these transactions. Also, short sales and REOs typically prohibit these contracts as well.

    If you can find a seller willing to allow you to lock up the property with minimum Earnest Monies and allows for an assignee clause (Buyer and/or assignee) for an extended period of time, then it can be done.

    Best of luck!

  • Wholesaler · Dallas, TX · Member since 2009 · 308 posts · 92 votes
    15y

    Try looking up wholesaling on this site.

    You'll find all of the ways to do it.

  • Real Estate Investor · Jamaica Queens, NY · Member since 2011 · 42 posts · 9 votes
    15y
    Originally posted by Chris Colvard:
    Try looking up wholesaling on this site.

    You'll find all of the ways to do it.

    Already started looking :D

  • Rehabber · Tucson, AZ · Member since 2008 · 1k+ posts · 802 votes
    15y
    Originally posted by Andy Chu:

    Assignments of contracts are not used very commonly anymore due to title companies (West Coast) not willing to take on these transactions. Also, short sales and REOs typically prohibit these contracts as well.

    I disagree with this statement... Assignments are common to many kinds of paper chattel transfers. As long as disclosure is made and parties agree to it, then there should be no problem.

  • Will BarnardPro Member
    Moderator
    Developer · Santa Clarita, CA · Member since 2008 · 15k+ posts · 10k+ votes
    15y
    Originally posted by Andy Chu:
    Assignments of contracts are not used very commonly anymore due to title companies (West Coast) not willing to take on these transactions.
    I too disagree with this. I am on the West coast and assignments of contracts are perfectly legal, perfectly acceptable to any title companies. The issue is with simultaneous closings not assignments of contracts.
    That said, the part that is true is the fact that on almost all short sale and REO addendums, "assignments" will be disallowed by the seller via the verbiage in the contract addendum.
  • Real Estate Professional · New York City, NY · Member since 2015 · 1 post · 0 votes
    11y

    I hate to bump an old thread but to word something establishing this - would this ultimately be an option to be exercised by whomever is holding debt on closing or settlement? 

  • Pound Ridge, NY · Member since 2017 · 1 post · 0 votes
    9y

    Can anyone explain to me what a co-applicant contract vendee is? My local municipal town building inspector recommended this to me on a sale of a property that has a illegal finished basement as living space.

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