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All Forum Posts by: Don Konipol

Don Konipol has started 200 posts and replied 5138 times.

Post: Assume a Loan - Negative Cashflow?

Don Konipol
#1 Innovative Strategies Contributor
Posted
  • Lender
  • The Woodlands, TX
  • Posts 5,906
  • Votes 9,202
Quote from @Christopher Bell:
Quote from @Drew Sygit:

@Christopher Bell have done several assumptions, land contracts, etc.

You state property value is $298k, but what is loan amount?
- What would the sellers walk-away with if they sold on market and paid agent commissions?

What will happen to property tax & home insurance amounts once you convert to a rental?

Even with 0% down, negative cashflow ONLY makes sense if something offsets it.

If the property has no equity, can't see any value-play.


 Tax and insurance would remain the same - Loan amount is $296k. If they sold with an agent they would walk away with about $280k. My wife is an agent and her getting the commission helping them buy another hose was attracting me because with the commission we get a rental for about the $280k with her commission so more/less below the market value. Plus the commission pads the negative equity for about 2-3 years (assuming 100% vacancy and self managing - which is tight).  

It does seem that the general consensus is that it's likely not a very good idea. There is a lot more risk than reward on this deal it appears. I just like the area, see a future in appreciation here, and thought being able to get an asset for $0.00 down and maybe tlose $300/mo in the long run might pan out in 3-5 years. I'm in a position were earning the 4-5% on the current cash can be utilized to offset that $300/mo loss in cashflow. 

I don’t think your position is necessarily wrong, you just need to do more thorough analysis. You need to establish ROI under various assumptions, such as value increases (or decreases), rent increases, vacancy rates, repair and maintenance, etc.  Then utilize a weighted average so as to more heavily weigh the more likely (higher probability) outcomes.  Or you could just go by “gut” feel. 

Post: Need advice on raising 20M to fund horizontal utilities on 237ac entitled plot

Don Konipol
#1 Innovative Strategies Contributor
Posted
  • Lender
  • The Woodlands, TX
  • Posts 5,906
  • Votes 9,202
Quote from @Garry Miller:
Quote from @Mike Grudzien:

Garry,
I'm surprised that working at this level of real estate development and deal size that you and your partners don't have at least a dozen lenders in your back pocket that deal at that level and like your work....
I'm interested in seeing the answers here.

 Great question  - we've had a lot of success with these not quite dozen, but 7 lenders and they're all in on their respective deals to finance the Vertical construction, secured by the housing assets yet to be built.  This request is for a short term, construction/bridge loan so we can get through the infrastructure phase only.  More transparently - it gets us out of the land bank holding phase now.  Available cash is servicing the debt, with construction partners on the sideline waiting to be put to work.   Thanks for the clarifying questions - I hope this opens up some more perspectives about how to solve for this opportunity! 

1. You’re trying to replace equity you don’t have with debt.  The “horizontal”construction, while sometimes can be partially financed by debt depending on developer track record, is more often regarded as the “skin” in the game put in by developer either theirselves or thru a syndicated equity offering. I get requests for this kind of financing all the time from mortgage brokers who don’t understand the equity / debt relationship.

2. Texas is somewhat unique in that a bond can be issued which will cover some of the cost of the infrastructure development. The bond will be paid by an improvement district tax paid for by the property owners.Their are two underwriters who handle these type of bonds.  However, qualification is quite difficult because the underwriters are selling these bonds to their longtime clients and excessive defaults will kill their business.  The first thing the underwriters consider is the financial position of the developer.  Unless that’s solid they will go no further. Secondly they require the developer to place 25% of the bond issue amount in escrow, so for a $20 million bond issue that’s $5 million.  Then if the total does not cover full infrastructure development they require a plan that covers the additional amount required. 

The particular development I’m involved in spent about $400,000 on soft costs to be able to provide the necessary information to the underwriter - this was in addition to all other soft costs usually incurred in development. 

Post: Assume a Loan - Negative Cashflow?

Don Konipol
#1 Innovative Strategies Contributor
Posted
  • Lender
  • The Woodlands, TX
  • Posts 5,906
  • Votes 9,202
Quote from @Christopher Bell:

I might be crazy but…..would you?

Scenario: 

Have a chance to assume a loan that has 28 years remaining, 5% interest, and in a very quickly growing suburb of Raleigh NC.

The townhouse would lose approximately $300/mo. Total payment is $2150/mo and market rent is $1850-$1900/mo. 

Loan assumption Is essentially at market value $298k, but the $0 down outside of closing cost on loan assumption are what’s hooking me. I can put 25% down and get a $300k Townhome to cashflow near 0.

Also, the family is looking to buy a SFH and would be using my wife (realtor) to buy. Therefore, we would make about $8000-$12000 in commissions from the purchase.

Am I crazy to be considering this? 

All improved real estate properties have long term “depreciation”, not in the accounting sense but in the real sense that systems wear out and need replacing (HVAC, roof, flooring), the property requires updating to be competitive, etc.  While it may be in ten years time that the roof needs to be replaced, the roofing component of the property is using 10% of it life every year and hence the true cost of this depreciation should be borne each year, not all at once in 10 years.  If not recognized as a yearly expense, the owner will be unpleasantly surprised when they go to sell and the offers are $20,000 under what a property with a newer roof would bring. 

Hence, thinking that mortgage payments which even if they include tax and insurance escrows are the only expenses is incorrect.  Overall, property depreciation average at LEAST 2% of value on an annual basis. So the real expenses associated with owning a $300k property is about $6,000 in “depreciation” in addition to all other expenses. 

Further, unless the property is rented long term to a credit tenant these will (probably) be tenant turnover. A landlord would.d have to be very lucky indeed to own a property long term and never have a tenant do more damage than the security deposit amount. But even so, wear and tear items are not covered by a security deposit.  If a tenant has been in a property any significant amount of time, it’s more than likely painting will be needed to make the property competitive with other rentals and to obtain the maximum rental amount.  In all but the hottest rental markets it’s also likely that there will be times when the property is vacant.  Therefore vacancy expense should also be calculated.

Depreciation is sometimes disguised by inflationary increase or other increase in property values.  But the two should be considered separately.  In the given subject property, the $300 monthly “loss” (should be somewhat modified for the amortization amount of the payment) would actually be closer to $1,000 when depreciation and vacancy loss is taken into account.

Offsetting  this is property price appreciation.  This is an area where hindsight is 20/20 and everything is obvious only after it occurs.  And while IN GENERAL real estate prices have appreciated for the last 80 years, a friend of mine told me that his family home in Detroit purchased by his parent in 1961 for $20,000 was sold for $3,000 in 2010.  

The second “offset” is rental rate increases. Obviously if rental rates were to double over the next 10 years the profitability of this investment would look very different.

Here’s the bottom line.  The purchase price of this property is not at investor pricing; it’s paying retail for the benefit of “nothing down”.  But two years of negative cash flow, especially if repairs are needed, maintenance is accounted for, or should vacancy occur, and the investor would be “in it” for the down payment amount anyway.

Btw, do you mean you would actually assume the loan; with qualifying with the lender and accepting personal liability?  Or do you mean doing a “subject to”  deal? 


Post: What We Are Seeing In The Non Performing Loan Space

Don Konipol
#1 Innovative Strategies Contributor
Posted
  • Lender
  • The Woodlands, TX
  • Posts 5,906
  • Votes 9,202
Quote from @Chris Seveney:

Over the past few months, we've seen a noticeable uptick in non-performing loans hitting the market—particularly in the investor space.

DSCR and fix-and-flip loans are making up the bulk of this volume. We estimate nearly $200M/month of non-performing product is circulating across the platforms and networks we monitor. These are typically investor loans that were originated in the last 2–3 years and are now showing cracks, largely due to overleveraging, slowed market velocity, or project mismanagement.

On the owner-occupied side, we’re starting to see more inventory—but with a big caveat: many of these loans were originated during the COVID years at 3–4% interest rates. These borrowers aren’t always far enough behind to justify a meaningful discount, and the low rates can present a risk profile that doesn’t pencil out especially assuming they will file BK which many have done. 

What are you seeing out there?

Are you noticing more non-performers hitting your desk? And with today’s economic backdrop—high consumer debt, inflationary pressures, and tighter credit—do you expect volume to keep climbing?

Would love to hear others’ perspectives.

I can only speak of the commercial mortgage market

In the last year two simultaneous issues
1- interest rates for good borrowers/property in the commercial space went from 4-5% to 7-9%.
This of course meant all those deals purchased at 5-6 cap would be running negative cash flow after debt service at same pricing.  So, those with fixed rate mortgages can only sell; at loss; those with variable rate have negative cash flow.
2- qualification for refinance much more stringent - some investors “trapped” in a negative cash flowing property worth 20% + less than they paid. 

We’ve seen a large increase in financing requests especially from borrower’s who 2 years ago would have qualified for institutional - bank type financing. 

Since there deals don’t pan out as refis we have approached current lenders with proposal for our purchasing their note at a discount.  While most lenders in this position are willing to discount, we’re finding they’re not willing to discount enough to provide the return we require as adjusted for the risk and current property values.  Many of these lenders are clinging to appraisals done 2-3 years ago utilizing 4.5 - 5.5 cap rates.   Many  of these incorrectly classified the property as better than it was so the appraisal was inflated value to begin with and with the increase in cap is even more out of wack.  

 The real estate “market” is not “smooth” with an instantaneous adjustment to new information.  People tend to “hang on” as long as they can either in denial as to changes in market value of hoping for the market to “comeback” and bail them out. Same with lenders.  

Chris, when I started buying notes back in 1980, I was paying something like 50 -55% of unpaid principal for PERFORMING notes, LOL.  Back the , with interest rates reaching a peak of 18%, sellers were owner financing at 9% to make the deal work.  After a couple years of they decided they needed cash, they were shocked to learn that their note was worth little more than half the value on the market.  But the better investment for the note buyer was defaulted notes - sometimes the property obtained in foreclosure was worth double to triple the note purchase price !  To discourage outside bidding, trustee sales were held in very remote locations; if anyone showed up to bid the sale was “delayed”.  This of course led to legislation aimed at curbing these abuses.  

Post: Where Are You Finding the Most Motivated Sellers Right Now?

Don Konipol
#1 Innovative Strategies Contributor
Posted
  • Lender
  • The Woodlands, TX
  • Posts 5,906
  • Votes 9,202
Quote from @Amir Twig:

Lately I’ve been noticing some shifts, certain types of properties are generating way more traction than others. Curious where you are seeing the hottest leads.

Is it land, tired landlords, vacant properties, something else?

Would love to hear what’s working in your market right now!

Everyone is targeting “motivated” sellers - com[edition in most markets is fierce.

What’s needed is either (1) a LOT more money to spend on marketing than anyone else or (2) a unique approach that few are utilizing and that works. 

Our approach is to purchase notes secured by real estate where the borrower has defaulted and all paperwork for foreclosure has been filed.  We will then attempt to work out a deal with the borrower - sometimes taking majority interest but leaving the defaulted borrower with an agreed on minority ownership.  Other times we will end up taking full ownership - but either leasing the property back to the borrower (if they’re a user) or offering them an option to purchase.  Still other times we will complete the foreclosure ( it can take up to 3 years depending on the state and if their borrower files BK.  But our first effort is to get the borrower to agree to a loan modification and have them retain ownership and us getting g a performing note. 

We do this on commercial property with investors only, we don’t deal with homeowners. 

Post: Retired at 34 with 5 Kids Thanks to 3 House Hacks—Here’s How I Left My $147K Job

Don Konipol
#1 Innovative Strategies Contributor
Posted
  • Lender
  • The Woodlands, TX
  • Posts 5,906
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Quote from @Sunny Burns:

This is the story of how we – a family of seven on a single income – house-hacked our way from $0 to $3 million in real estate in less than 10 years, and how just three properties bring in $275k/year in gross rental income.

In 2015, at age 25, after renting ($500/month) a bedroom at my parents’ house for two years, my wife and I closed on our first real estate purchase: a four-family in Garfield, NJ (12 bed / 4 bath) for $430,000.

That one decision changed everything.

The purchase allowed us to live for free—and gave my wife the financial freedom to leave her teaching job and stay home with our then 6-month-old son.

Two years later, in 2017, we did a cash-out refi and bought a three-family in North Arlington, NJ—FSBO for $350,000 off Craigslist.

Two years after that, in 2019, we used a HELOC from the North Arlington property to buy a four-family in Lyndhurst, NJ for $620,000.

We’ve renovated nearly every unit in those three properties ourselves. So when Elon and Trump offered a federal employee buyout, I knew it was time. I walked away from a 13-year government career that had taken me from $50K to $147K.

Here's the kicker: these three properties generate a combined $120,000 in net income. We're incredibly frugal, so that's more than enough to achieve our financial independence.

Now, we're a stay-at-home family, planning to worldschool our five children. Leaving my career was a huge decision, but the freedom is indescribable.

I've only had the golden hand-cuffs off for a month, but it is truly liberating... I've taught my 5-year-old daughter to ski and my 3-year-old son to ride a bike. I'm finally able to pursue my passions, and every day feels like a breath of fresh air.

My hope is that our story inspires you to save strategically, invest consistently, and prioritize buying your freedom. It's possible—even with a big family!

Amazing how much  opportunity there is when someone is willing to save capital and invest that capital.  Meanwhile, because they’re unwilling to make the sacrifice to save capital, the vast majority of those claiming to want “financial independence” continue to look to low chance sales efforts like “wholesaling”, disguised as “investing” by gurus selling mentorship’s. 

Congratulations, well done 

Post: How to go about getting owner financing and keeping it secure?

Don Konipol
#1 Innovative Strategies Contributor
Posted
  • Lender
  • The Woodlands, TX
  • Posts 5,906
  • Votes 9,202
Quote from @Andrew Syrios:
Quote from @Jay Hinrichs:
Quote from @Andrew Syrios:
Quote from @Abigail Joanna:
Quote from @Andrew Syrios:

Your money being secure wouldn't be the issue when obtaining owner financing. It would be convincing the seller (and lender) that their money will be secure. Best way to do this is by giving them a first position trust deed (or mortgage depending on the state) on the house and a note and maybe a personal guarantee. 

Yes it would be the issue. If not done correctly a seller could take a deposit or earnest money and claim it was not given unless the contract or some safety net is in place, hence me asking for advice on what others are doing to keep their money secure.
I didn't know you were referring to the earnest money. On that, you just need to make sure everything is in the contract and the earnest money is deposited at at title company. If the contract has seller lending back to you and they don't, the earnest money would be refundable and since it's at a title company, the seller couldn't just run off with it. 

Andrew I said this same thing to Chris above.. in Texas they call EM  "option money"  and its a nominal amount 100 to 500. and its NON refundable and written usually to the seller straight away.. once DD is done they can increase the actual EM deposit or walk.. but the option is earned by the seller regardless.. at least thats been my experience on about 20 plus deals I did in the Dallas market.

Ahh I see. It would seem that once again Texans always feel like they have to do things differently than everyone else just because they're Texans

The option provision of the promulgated contract by the TREC was put into effect to reduce the number of disputes rising out of contracts contingent on inspections, etc.  These disputes would arise when the buyer wanted to terminate the contract because the house was not in a condition to their liking, while the seller was willing to do the repairs noted in the inspection report.  Often the seller would disagree with the buyers inspection report, and obtain their own with differences leading to further disputes. Then there were disputes over the quality of repairs and type of repairs when sellers undertook to do the repairs.  

By placing a limited time unrestricted  option in the contract the buyer can terminate for any, or no reason, with no dispute and hence a clean break.  While there’s still plenty of room for disagreement in other parts of the contract, off hand I’d say earnest money disputes have been cut by 75%.  

I lived in Texas 41 of the last 46 years.  Yes, Texans are independent thinkers who don’t automatically accept the popular or common way of doing something is necessarily the best.  Many of us are “refugees” from coastal cities where we found the heavy handed government regulation, ridiculously high state and local taxes to pay for “social engineering”, and general attitude of ‘victimization” to be too restricting to our personal liberty.  

Post: How to go about getting owner financing and keeping it secure?

Don Konipol
#1 Innovative Strategies Contributor
Posted
  • Lender
  • The Woodlands, TX
  • Posts 5,906
  • Votes 9,202
Quote from @Bruce Lynn:

@Abigail Joanna  The amount of legit owner finance deals you will find are likely to be very very slim in Texas.  My general thought is to stay away from them and not to focus on them.  What I normally will see on the legit ones are seller wants 10-20% down and right now probably 12-15% interest.  Tough for you to make money doing that.

What we often see is an arbitrager will come in, lie to the seller, get them to leave the financing in place as a Sub2 deal, try to take a big cut from you as a down payment, maybe even try to arbitrage the interest rate. Maybe the original loan is at 3% and they want to charge you 8%. A year or two later, they quit making the mortgage payments, you don't figure this out for a year or two and the whole deal goes upside down in a foreclosure. You lose all your money, the arbitrager is long gone and has no money any way, and you lose the house too.

Many of these guys are very very slick talkers, they will convince you it is a great deal and stays off your credit and whatever.   Probably the most legit deals are the ones you will source yourself directly from an owner occupant.  Maybe grandpa has been in the house 50 years and you talk directly to him, house is paid off, and you're going to give him $1000/month for the next ten years and another $50,000-$100,000 in ten years as a balloon payment.  It's your deal, you and the owner/occupant are cutting the deal together one on one.   You're not calling off of bandit signs or responding to facebook ads.

It takes a lot of legal work to put safeguards in place on owner finance deals where there is a wrap involved, that is the underlying mortgage is not paid off.  Somewhat less legal documentation required to provide safeguards for seller finance where there is no underlying mortgage.  But, the biggest issue is that a lot of these deals have “hustlers” involved as unlicensed “middlemen”, so they don’t adhere to Texas Real Estate Commission rules and don’t provide full disclosure.  They also try to avoid title companies, third party escrow, or title insurance.

Now I have sold property this way myself, commercial property are the ones I remember.  Usually on transactions in which I accepted so little down (I remember one 25 years ago that I sold for $330,000 with $10,000 down and financed the rest).  Most turned out pretty good as I was selective about the buyer - usually the reason I accepted a “token” down payment was that the buyer was going to put a significant amount of cash into the property.  I’ve never been able to obtain more than 11% on a seller financed property; usually in the 7 - 10% range in the last 10 years.  

Since this was exclusively commercial property I'm not sure it relates well to SFR, especially if one party is an o/o. If both parties are SOPHISTICATED real estate investors, there's probably a firmer base for realistic expectations. Sometimes new investors are like deer in the headlights the first month they have a negative cash flow because of tenant loss, tenant eviction, or unexpected expense. Probably the same employee type that says "I spent my time making my boss rich, now I want to make myself rich". Usually takes only one Friday when the payrolls due and there's no money in the checking account to correct that fallacy.

Post: How to go about getting owner financing and keeping it secure?

Don Konipol
#1 Innovative Strategies Contributor
Posted
  • Lender
  • The Woodlands, TX
  • Posts 5,906
  • Votes 9,202
Quote from @Jay Hinrichs:
Quote from @Andrew Syrios:
Quote from @Abigail Joanna:
Quote from @Andrew Syrios:

Your money being secure wouldn't be the issue when obtaining owner financing. It would be convincing the seller (and lender) that their money will be secure. Best way to do this is by giving them a first position trust deed (or mortgage depending on the state) on the house and a note and maybe a personal guarantee. 

Yes it would be the issue. If not done correctly a seller could take a deposit or earnest money and claim it was not given unless the contract or some safety net is in place, hence me asking for advice on what others are doing to keep their money secure.
I didn't know you were referring to the earnest money. On that, you just need to make sure everything is in the contract and the earnest money is deposited at at title company. If the contract has seller lending back to you and they don't, the earnest money would be refundable and since it's at a title company, the seller couldn't just run off with it. 

Andrew I said this same thing to Chris above.. in Texas they call EM  "option money"  and its a nominal amount 100 to 500. and its NON refundable and written usually to the seller straight away.. once DD is done they can increase the actual EM deposit or walk.. but the option is earned by the seller regardless.. at least thats been my experience on about 20 plus deals I did in the Dallas market.
Not quite correct, Jay.  Option money is SEPARATE from earnest money.  In Texas residential contracts promulgated by the Texas Real Estate Commission, the purchaser can choose to request an option period to decide whether or not to continue with the purchase or terminate the contract.  This is actually a “due diligence” period, in which most purchasers would engage an inspector.  
Whether or not the purchaser selects the option, earnest money is a requirement to legitimize an offer.  This earnest money is in no way related to the option money.  

Although purchase contracts in Texas CAN be enforceable without earnest money, there MUST be some type of consideration given.  

Post: Private Money Lending: Scaling Partnerships

Don Konipol
#1 Innovative Strategies Contributor
Posted
  • Lender
  • The Woodlands, TX
  • Posts 5,906
  • Votes 9,202
Quote from @Jennie Berger:

@Don Konipol Thank you for your thoughts! 

To clarify, in this scenario...

There's two major aspects to consider. The first is entity formation. I recommend use of a SERIES LLC. Each series is treated for legal and liability purposes as separate from all other series, but only one LLC filing/formation is necessary, and only one tax return filed. We currently have 88 different SERIES in our "parent" LLC. So, the note holder/lender is listed as "Name, LLC Series 1", "Name, LLC Series 2", etc. Ownership of each series will be by percentage ownership of the LLC. Each LLC will hold a single note. You will be manager of the LLC.


...if I am the lender along with 1 other capital partner on one particular deal, would we both own that particular LLC series (50/50, let's say, assuming we both contribute to the project in equal amounts)? 

Ownership of the LLC can be structured in any way agreement to the members.  For instance, let’s say you both contribute 50% of the capital, but as compensation for your time and effort (the other investor is relatively passive), you are to receive 60% ownership.  Then you would be a 60% ownership member, while the passive investor would be a 40% ownership member, although you both contributed 50% of the capital.  Another way to do it is each get 50% ownership, but the LLC OPERATING AGREEMENT states that you receive 60% of the income (return of capital is 50/50).  The LLC structure can be used for almost any split through the Operating Agreement, which is similar to the by laws of a corporation.