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All Forum Posts by: Dan Deppen

Dan Deppen has started 6 posts and replied 255 times.

Post: Need attorney for seller financing contract

Dan Deppen
Posted
  • Erie, CO
  • Posts 259
  • Votes 257
Quote from @Chris Seveney:
Quote from @Emily Holbrook:

I'm attempting to find an attorney that can look over a seller financing contract. I've contacted SEVERAL in Michigan and most never return my voicemail and the ones that do say they don't work with seller financing agreements. Can someone PLEASE point me in the right direction for this??

Search Sottile and Barile

 This is who I use.

Post: Need Servicer for Seller-Financed Property in PA – Any Recommendations?

Dan Deppen
Posted
  • Erie, CO
  • Posts 259
  • Votes 257

I've had good experiences with both Madison and FCI. If you have a non-performing note I like the processes FCI has set up for handling delinquent taxes and repaying lender advances. Madison is definitely easier to work with in general and has a better onboarding process.

Post: Feedback is greatly appreciated!

Dan Deppen
Posted
  • Erie, CO
  • Posts 259
  • Votes 257

From the owner's perspective, if he has a failing business why on earth would he want a $20K/mo housing payment, and why would he want to pay 9.3% on $2.2M??? If that was me and I had that much equity I would just sell the property, and buy a $400-500K property with cash (since the credit is crap). Then rebuild the business, rebuild the credit, and then maybe pick up another McMansion later - possibly at lower prices depending on what the Florida market does. Or maybe I'm just a huge wuss and need to learn to live larger.....

Post: Sell Single family portfolio

Dan Deppen
Posted
  • Erie, CO
  • Posts 259
  • Votes 257

I don't know why you are selling, but if it is to step back from property management you can sell them on owner finance. You'd retain cash flow and it would be treated as an installment sale from a tax perspective.

Post: What’s your experience being with August REI Note Servicing?

Dan Deppen
Posted
  • Erie, CO
  • Posts 259
  • Votes 257
Quote from @Charles Campbell:

I have a couple notes there now, day to day payments and disbursements have been good, with on time communications of receipts and transfers.  I have had other notes serviced there with satisfactory results.  I know other investors who have reported issues and I recall there were delays in communications when getting my accounts set up there in 2017 or 2018 but it has been easy to add notes to my accounts since then. 

I've never used August REI, but one thing I've noticed about vendors in general is that the level of service can ebb and flow over time. I've had awful experiences with vendors that later became great, and vice versa. 

Post: Foreclosures Over 1,000,000 loans in default? Time 2 Learn How To Buy Preforelosures?

Dan Deppen
Posted
  • Erie, CO
  • Posts 259
  • Votes 257
Quote from @Chris Seveney:
Quote from @Jay Hinrichs:
Quote from @Don Konipol:
Quote from @Chris Seveney:
Quote from @Ken M.:

I'm not making this up. WSJ is.  

I started out buying pre-foreclosures and have made a lot of money buying them. But, now it requires training to stay out of trouble.

"Why do housing prices keep climbing despite higher interest rates? The federal government has allowed borrowers to take out bigger mortgages than they can afford. To prevent foreclosures, it’s bailing them out when they miss payments. Behold another subprime housing bubble.

The problems began when the Obama administration eased underwriting standards by enabling more home buyers whose debt payments exceed 43% of income to qualify for government-backed loans. Such borrowers are risky because they might not be able to make payments if their income drops or expenses rise."

************************************

"As home prices climbed, the Federal Housing Administration insured more loans to financially stretched borrowers with as little as 3.5% down. No skin off lenders' backs if borrowers later defaulted, since the mortgages were backed by the government.

In 2007, 35% of new FHA borrowers had debt-to-income ratios above 43%. By 2020, 54% did. As housing prices and inflation surged, borrowers became more stretched. The FHA kept insuring mortgages to borrowers who were increasingly leveraged. About 64% of FHA borrowers last year exceeded the 43% threshold.

The FHA loan portfolio is far riskier than it was before the 2008 housing crisis.

Institute's Ed Pinto and Tobias Peter estimate that 79% of FHA first-time borrowers have a month or less in financial reserves—not enough to make mortgage payments if their household expenses rise"


************************************
************************************

Oh, did anybody mention we are experiencing inflation? These people are going to start getting foreclosure notices.


We just acquired $5M of defaulted loans that will be REO's. I always tell investors they should bea note investors best friend for off market deals - of course the ones that do reach out to us are wholesalers trying to lowball the hell out of the deal thinking we are idiots but we are typically very sophisticated and no the numbers very well including the ARV, what it will take to get it repaired as well as rental rates.

In both residential and most commercial markets there are THREE prices; the wholesalers (flippers) price, the investors price and the users price. Most people don’t think of commercial property as having a “users” price, but I will provide an example below.

some number of years ago I was forced  to foreclose on an older office building that had been converted to a combo office / living units.  This type of property had no obvious buyer, but to generate interest I listed on Loopnet with the proposal of 20% down with owner financing of the balance.  

As expected, I received very lowball offers from numerous wholesalers, all offering low prices, wide “weasel” clauses, no REAL earnest money (“ my attorney will hold my personal check”, etc.) and 120 -180 days closes.  In addition I received two  low, but reasonable offers from investors, who had plans to rent out the facility.  While considering which of these two offers I would pursue, I received a call from a broker saying he had a church client that would like to make an offer and would use the facilities for offices associated with its non profit divisions and the bedrooms for spousal abuse victims shelter.  We negotiated a deal that allowed the church a low enough down payment to keep enough funds in reserve to make needed improvements/repairs.  To satisfy my collateral requirements the church put up as additional collateral a lot they owned in the same general area.  The price paid was about 30% higher than the investors had offered. 

The church refinanced the subject property and paid the note off in just over three years.  As part of the payoff, I accepted the title to the empty lot that was additional collateral for the loan, and leased it back to the church for parking at a 12% 3N annual return.  This went on an additional 4 years before the church exercised its option to purchase the lot back from me for 40% above what I paid.  

For sellers you will almost always receive a higher price from a user than from an investor, and from an investor than from a wholesaler.  

People who sell their houses to the ibuyers, usually at 20% below market because they’re attracted to the fast close, no hassle, no Realtor aspect remind me of the people who trade their car in at a 40% “hit” when the initial tires wear out at 30,000 miles, or the people who pay 19.8% interest in their credit card rather than get a 8% consumer loan because they’re attracted want to avoid the hassle.  Then they want to get into real estate but have no capital to invest. 

Don as it relates to SFR mortgages I think someone like Chris is going to get more bites at the apple.. those chasing NOD's I think will find that many of the folks will not transact as they will be able to do workouts with the lender.. so even though you may have 1 mil NODS being filed I suspect maybe 10% to 20% of those will filter down to the one off investor thinking they are going to score a sub to deal.. and probably much less than the numbers I stated.

There will always be defaults as we know.. But it is a different ball game compared to GFC and pre GFC when lenders and service rs did not offer workouts like they do now.. Or by law a borrower is entitled to sit down with a decision maker of thier bank or Service r before the foreclosure can go forward.. Of course many just duck and dont take advantage of it etc etc.

@Chris Seveney  Chris would know better than me about how to deal with owner occ in the upfront stage.. and the right to have a meeting.. And maybe that law changed since it was enacted in 2011 or so.. or Maybe it was just an Oregon law.. ??

Many of these will go through a forbearance or if they cannot work it out, they will head to foreclosure? I get a lot of pushback on this from people telling me I do not know what I am talking about but lets put a real world common sense (which is not so common) situation:

You bought a house for $250k, put 10% down and now that house is worth $350k. So your mortgage is around $220k but its worth $350k. You got caught up in credit cards, insurance, escrow etc and were spending too much money thinking money would keep flowing. You also have a rate of 4% mortgage and a payment of $1500 all in.

You are behind on your mortgage and credit cards, your credit is 580 and your house is a 3 bed 1 bath home for you and your two kids. Now this is not every situation but its pretty common. 

Do you: 
1. Sell sub-to let someone else take over, move out and try and find a place to rent with awful credit?
2. Sell, take the money and get a rental but you cannot afford a new home
3. Let the lender foreclose, then hope you can find a rental with your awful credit

4. File bankruptcy which buys you atleast six months, restructures your mortgage and credit card debts into something that you could probably afford?

5. Lender works out a trial payment plan and loan mod.

Well you can choose what you think, we have historical data over the past 2-3 years on this and unless the borrower has died, option #3 almost never occurs (1 in 10), option #4 and option #5 take up the other 90% from what we have seen. This is what we do as a buyer of defaulted loans, so these are not made up numbers.


 I'm always surprised that borrowers never take option 2, given how much equity some of them have. I've had a couple take option 3, although they usually file BK to buy some time first. The common option I've seen lately is reinstatement, even after not paying for a year +.

Post: Land Contract/ Seller Financed Question

Dan Deppen
Posted
  • Erie, CO
  • Posts 259
  • Votes 257
Quote from @Skyler Shively:

@Dan Deppen Sounds like contacting my attorney will be a cheap price to pay to avoid headaches if I did decide to move forward with one of these. Have you done one of these personally? Do you have a Loan servicing company that you recommend? Thank you. 


Like Ken and Chris, I would potentially sell a property on a land contract, but I wouldn't buy one that way. The seller could do all kinds of terrible things. But I'm not sure these days I would even sell on one, I think it's better just to create a mortgage or DOT.

There are a lot of servicers, I use 4 of them and they all have their pro's and con's. I'm currently using FCI, Madison Management, Allied and Note Servicing Center. 

Post: Land Contract/ Seller Financed Question

Dan Deppen
Posted
  • Erie, CO
  • Posts 259
  • Votes 257

Have them use a loan servicer so you don't get into future disputes on the balance, plus then the servicer can handle the escrows. Also, is there an underlying lien? These days, when people sell on land contracts, it's often with the intent of not recording it, trying to reduce the chance the original lien gets called due on sale. If it is, what is the seller's plan if the underlying lien gets called in? As Mike said, have an attorney review it, especially if it's a wrap or subto loan. 

Post: Wrap Around Mortgage - Looking for a Loan Servicer and RMLO for deal in Charlotte NC

Dan Deppen
Posted
  • Erie, CO
  • Posts 259
  • Votes 257
Quote from @Cliff T.:

Update: FCI will not service a wrap or subject to deal anymore. 


 That's good to know, I didn't realize that.

Post: What is the highest interest rate you have seen?

Dan Deppen
Posted
  • Erie, CO
  • Posts 259
  • Votes 257

For SFR owner occupied firsts the highest I've seen lately is only around 12%, in TX. Mobile home loans can go up to 17%. The usury rates vary a lot by state and by deal, so I always advise people to talk to their attorney in that state.

Of course some people don't care about any of the rules and just do whatever.... I was one of the people stuck holding the bag on one of those Harbour PA contract for deeds. It wasn't fun.