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All Forum Posts by: Christopher Phillips

Christopher Phillips has started 6 posts and replied 3088 times.

Post: Connecticut: Does an agent have to disclose they are an agent?

Christopher PhillipsPosted
  • Real Estate Agent
  • Garden City, NY
  • Posts 3,177
  • Votes 1,999
Originally posted by @Trace LeDogge:

Greetings-

In Connecticut, if a real estate agent is selling their own property (not on MLS), do they have to notify the potential purchaser that they are a licensed real estate agent? If it not a legal requirement, is it ethically "required"?

The thought is that if two private individuals are discussing a non-agency linked, non-MLS sale and the seller is a licensed real estate agent, should that be disclosed.

Please and thank you.

Trace

Under the code of ethics of the National Association of Realtors, agents who self-list have a duty to disclose their ownership in the property. Not all agents are Realtors. Some choose not to be. So, mileage will very.

Post: Isn’t Wraparound Mortgage financing the same as Lease Option?

Christopher PhillipsPosted
  • Real Estate Agent
  • Garden City, NY
  • Posts 3,177
  • Votes 1,999
Originally posted by @Eduardo Beltran:

I live in Texas and i’ve recently learned that Lease Options here are just more of a head ache and not ideal as a strategy for someone who’s just getting started in real estate. In doing my research i ran across what’s called a Wraparound Mortgage, which IS allowed in Texas and apparently the laws are more leniently towards. However, it seems to be very similar, if not, the same a Lease Option. Can someone help with differentiate the two?

 They have nothing to do with each other.

A lease option is what it says. A lease with an option to buy a property at a later date. The person leasing the property doesn't own anything until they exercise the option to buy. The monthly payments are just rent payments and are nothing going towards the purchase of the home.

A wraparound mortgage means that the seller acts as a 2nd mortgage on the property. The 2nd loan will be junior to the original loan. The person still owes the first mortgage. The difference between the original loan balance and the sales price will be held by the seller as a promissory note to be paid by the buyer based on the agreed upon terms. This isn't as clean as doing regular seller financing and the property is free and clear of loans. How the title is handled depends on the deal.

Post: Isn’t Wraparound Mortgage financing the same as Lease Option?

Christopher PhillipsPosted
  • Real Estate Agent
  • Garden City, NY
  • Posts 3,177
  • Votes 1,999
Originally posted by @Eduardo Beltran:

I live in Texas and i’ve recently learned that Lease Options here are just more of a head ache and not ideal as a strategy for someone who’s just getting started in real estate. In doing my research i ran across what’s called a Wraparound Mortgage, which IS allowed in Texas and apparently the laws are more leniently towards. However, it seems to be very similar, if not, the same a Lease Option. Can someone help with differentiate the two?

 They have nothing to do with each other.

A lease option is what it says. A lease with an option to buy a property at a later date. The person leasing the property doesn't own anything until they exercise the option to buy. The monthly payments are just rent payments and are nothing going towards the purchase of the home.

A wraparound mortgage means that the seller acts as a 2nd mortgage on the property. The 2nd loan will be junior to the original loan. The person still owes the first mortgage. The difference between the original loan balance and the sales price will be held by the seller as a promissory note to be paid by the buyer based on the agreed upon terms. This isn't as clean as doing regular seller financing and the property is free and clear of loans. How the title is handled depends on the deal.

Post: NYS DOS New Guidelines for Rental Fees - Clarification Please

Christopher PhillipsPosted
  • Real Estate Agent
  • Garden City, NY
  • Posts 3,177
  • Votes 1,999

@Kimberly Caceres

Everyone is confused. The topic came up at the monthly office meeting yesterday. NYSAR said they were going to oppose the move and get further clarification.

NYSAR guidance says the the landlord has to pay their listing agent. The agent can't collect the commission directly from the tenant. So, it doesn't mean that the listing agent can't get paid, just that it has to come from the landlord - a savings to tenants.

The tenant's agent, if they hire their own agent, can be paid directly by the tenant or the listing agent.

So, if the tenant doesn't have their own agent, they don't have to pay a commission at all and will save even more money.

This means that landlords will now have to pay for the listing agent's commission.

It doesn't say what happens if a listing agent has both sides of the transaction.

Post: Behind on mortgage solution

Christopher PhillipsPosted
  • Real Estate Agent
  • Garden City, NY
  • Posts 3,177
  • Votes 1,999

@Jonathan Valdes

You could bring in a partner. Assuming that the property will be cash flow positive once it's setup with tenants. The partner would help with any needed finishing funds and also front the missing mortgage payments.

Post: Renegotiating a Property with a Tax Lien Post-Inspection

Christopher PhillipsPosted
  • Real Estate Agent
  • Garden City, NY
  • Posts 3,177
  • Votes 1,999

@Benjamin Rosemont

The IRS just wants their money. They could care less about the value of the home. They attach the lien to all of the debtor's assets until they get paid.

Post: Hard money first or deal first.

Christopher PhillipsPosted
  • Real Estate Agent
  • Garden City, NY
  • Posts 3,177
  • Votes 1,999

@James Baker

Hard Money lenders finance projects. They don't give you funding in advance. It's no different than any other loan - lending is based on the analysis of the property. However, if you speak to them in advance, you can build your strategy based on what they are willing to lend (% of ARV) and what interest rates and points required. If you need it, they can provide a proof of funds letter for your offers.

Post: Lein on property I'm interested in buying.

Christopher PhillipsPosted
  • Real Estate Agent
  • Garden City, NY
  • Posts 3,177
  • Votes 1,999

@Shweta Saraf

You can technically withdraw your offer and submit a lower offer, but doesn't mean they will accept it. It also risks that someone else will submit a better offer. It they are clearing the title, then it doesn't impact the value of the property.

When investing, the numbers work on paper for you or they don't.

Post: Mother/Daughter purchase on Long Island

Christopher PhillipsPosted
  • Real Estate Agent
  • Garden City, NY
  • Posts 3,177
  • Votes 1,999
Originally posted by @David Saget:

Hey People,

I came across a high Ranch in Long Island NY which seems like a good deal for the area, my only concern is what it would cost to get the bottom floor permitted as a rental or mother/daughter. Does anyone have any idea or dealt with doing so in Long Island NY?

Thanks

Strictly depends on the town you're asking about. Literally, every town is different.

Post: Is a commission owed?

Christopher PhillipsPosted
  • Real Estate Agent
  • Garden City, NY
  • Posts 3,177
  • Votes 1,999

@Roger R.

You likely don't if you never had a listing.

The buyer might owe the commission depending on the agreement the buyer had with the broker at the time of the original offer. But agreements usually cover a limited time period.

This might be a topic to bring up with the local board of Realtors or with the attorney that you might have used for the transaction (assuming you didn't close on your own).

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