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All Forum Posts by: Grant Kemp

Grant Kemp has started 16 posts and replied 146 times.

Post: Dallas/Fort Worth BiggerPockets October Meetup Speaker!

Grant KempPosted
  • Investor
  • Dallas, TX
  • Posts 158
  • Votes 99

By the way, my head is clearer now so I wanted to clarify something:

the 3 property in a rolling 12 month exemption is to exempt from the TILA

the 5 property in a rolling 12 month is what exempts you from SAFE

Post: Motivated seller, how to structure this subject to deal?

Grant KempPosted
  • Investor
  • Dallas, TX
  • Posts 158
  • Votes 99

no problem, happy to help!

Post: Motivated seller, how to structure this subject to deal?

Grant KempPosted
  • Investor
  • Dallas, TX
  • Posts 158
  • Votes 99

@Jerry Puckett @Adam Roberts Sorry it took me a bit to reply, I spoke with Eve on the phone but forgot to update the thread. Please bear with the long reply, I want to make sure everyone understands:

Okay so here's what it looks like so far. Looks like the seller got this loan 2-3 years ago and still has a principal balance of 75k. Seller's underlying lien (UL) is at 6.5% (approx). Seller wants 15k. House is worth 80-90k

What we would do is agree to buy the property sub2 with a down payment of 15k paid out when the property is sold to our back end buyer (the wrap). Our contract works in a 60 day option period with a 30 day optional extension. Once under option contract we are given the right to go out and market for a buyer. We'd then go out and look for a buyer who has at least 15k as a down payment, and market the property at at least 90k.

Owner financed properties are able to be sold at 110-120% of the retail price because you're adding value to the house by offering the financing built in to the property. So here we are with a $90,000 home that can realistically sell for 100k OF. However, let's use bottom end numbers so we have a base line

say the house sells for 90k OF with a 15k down payment. Once you find the buyer, you'll go to closing with the seller and the buyer and close the same day. At closing with your sub2 seller you'll need to provide full consideration so that you aren't breaking any double closing laws. This consideration can be provided through a promissory note to pay the 15k off w/ no interest within a week or something like that.

Once you close with your seller, close with your buyer, collect the 15k DP, turn around and give that to your seller and now your cash needs are taken care of.


But where's the profit? well the UL is at 6.5% and we know it was taken out 2-3 years ago. The seller has said there's 13 years left on the note, so I'm assuming it was a 15 year UL, and since we have an outstanding balance of 75k I'm going to assume the original principal balance was about 78k. I can estimate that the principal and interest payment to the UL is $679.46 by knowing this (however we are still awaiting solid numbers from the seller which will be shown on a mortgage statement)

Our loan the the end buyer is now for 75k as well, which matches the UL, however we're going to charge 8-10% to the buyer. I'd charge 9.5% and we will need to go for at most a 21 year note in order to make sure our UL is covered. That being said, I'd go with a 20 year note at most. This would make your end buyer's payment $699.10 PI.

So for the next 13 years you will only profit about 20 dollars a month, BUT after that 13 years is up your profit turns into 699.10 per month for 7 years! That's $58,724 total! And then you add up the $20/mo you were getting for 13 years and that adds another $3120 to it for a grand total of $61,844.40 of profit. Remember:

A) Literally no money has come out of your pocket for this transaction, so you're making 60k off of NO money put in

B) IF the buyer defaults, then you get to foreclose on the property and re-sell it with the same terms, but this time you have no seller to pay off so you'll be collecting the full 15k up front as profit, starting a NEW 20 year note and getting all your profits AGAIN.

Now remember, this is off of a deal that otherwise was trash, so for a property that was not going to make any money you've made a base line of 60k with potential profits skyrocketing from there.

Also, if you're able to sell the property for 100k instead of 90k you're getting a 10k principal spread as profit, and that 10k is going to be interest bearing! If you sell for 100k the buyer's monthly payment PI is $792.31 which means you've got a $110/mo profit for 13 years and your end total profit is 83,714

Pretty good for something that wasn't a deal ;-p amazing is the power of interest!

Post: Motivated seller, how to structure this subject to deal?

Grant KempPosted
  • Investor
  • Dallas, TX
  • Posts 158
  • Votes 99

you are very much on the right track. I'll reply back in the morning when I'm near a computer but the only difference is that you're leaving the back end profits on the table. You would be better off doing a wrap to your end buyer and this collecting a monthly profit.

Post: seeking a new rehab deal

Grant KempPosted
  • Investor
  • Dallas, TX
  • Posts 158
  • Votes 99

it'd be helpful to post your criteria here.

as in what ARV are you wanting, what area do you want, how many beds/baths, and how big of a rehab are you willing to take on?

Post: Dallas/Fort Worth BiggerPockets October Meetup Speaker!

Grant KempPosted
  • Investor
  • Dallas, TX
  • Posts 158
  • Votes 99

*i hope I didn't come off like a jerk there. I'm just saying there's a lot of information that gets thrown out about these laws, but unless I see it backed up by an official government document I have to take it with a grain of salt.

Post: Dallas/Fort Worth BiggerPockets October Meetup Speaker!

Grant KempPosted
  • Investor
  • Dallas, TX
  • Posts 158
  • Votes 99

well and like I said I could be wrong too, and always welcome a learning opportunity, but I'm providing citations and I'm also an RMLO who's partners with a real estate attorney.

Post: Dallas/Fort Worth BiggerPockets October Meetup Speaker!

Grant KempPosted
  • Investor
  • Dallas, TX
  • Posts 158
  • Votes 99

@Sharon Vornholt

Well, I'm certainly not infallible, and welcome correction, but I don't see any citations from that article and his video wouldn't load.

Here's a link to the safe act:

http://portal.hud.gov/hudportal/HUD?src=/program_offices/housing/rmra/safe/sfea

You can view the act itself by clicking the first link "SAFE mortgage licensing act"

Here's the HUD site that interprets the act and lays things out a little more clearly:

http://www.hud.gov/offices/hsg/ramh/safe/smlicact.cfm

You can see in section B where it defines who all is not required to be an RMLO under the SAFE act. I misspoke earlier citing condos, when I should've said timeshares. I really only deal with single family homes so any time condos/timeshares/mobile homes come up I've got to go researching to make sure we do it the right way.

As you'll see it explicity exempts only: Attorneys, People underneath an RMLO, Realtors/brokers, immediate family, and owner to owner transactions

Dodd-Frank act can be viewed here:

http://www.gpo.gov/fdsys/pkg/PLAW-111publ203/pdf/PLAW-111publ203.pdf

You'll wanna look at title XIV. You'll see in section 1401(2)e where it's further explaining the 3 homes in a rolling 12 month rule. I believe that was amended, but whether it be 3 or 5 we always recommend everyone run ALL buyers through the same processing to be safe.

I have never seen anything to exempt investor to investor unless he's qualifying that as under the 3 loans.

Either way...just run your buyer through the RMLO. Comply with the ATR standards and you'll be fine. I don't focus much on who's exempted because in my mind there's no reason to try and claim exemption when compliance is as easy as having an RMLO do the work.

Post: Dallas/Fort Worth BiggerPockets October Meetup Speaker!

Grant KempPosted
  • Investor
  • Dallas, TX
  • Posts 158
  • Votes 99

@Sharon Vornholt investor to investor deals are not exempt, usually. There are some very specific scenarios that could be exempt (like transferring a loan between companies you have ownership in), but let's just say it's not exempt for the sake of simplicity and erring on the side of safety.

@Joe Gore I'm tagging you so you see this reply

@Bill Gulley processing your buyer through an RMLO is how to satisfy legal compliance with this stuff

Ok guys, lots of misinformation about SAFE act seems to be going on here. You are allowed to do owner financing even with more than 5 properties in a rolling 12 month period, you just have to process your buyer through an RMLO (Residential Mortgage Loan Originator). Having your buyer processed by the RMLO satisfies your SAFE act compliance needs (as long as your RMLO knows what they're doing)

Exemptions from safe act:

Owner occupant to Owner occupant

Condominiums and Mobile homes

People who do less than 5 transactions in a ROLLING 12 month period

People that are allowed to collect the 1003 loan app:

Those who are listed above

Real estate agents representing the owner occupant seller

Attorneys representing the owner occupant seller

Seller financing is a very good strategy for great risidual income and great up front profits, but you have to be aware of the Dodd-Frank act, the S.A.F.E. act, and RESPA. Going through an RMLO with your buyer should keep you compliant on all fronts.

RESPA disclosures must be supplied, and with the owner financed interest rates they are typically above the 3.5% threshold (meaning the buyer is paying more than 3.5% above the APOR) given out to "small creditors" (i.e. people who do less than 500 loans a year and have less than $2 billion in assets the previous calendar year). For the big boys that are above that the "higher-priced" loan coverage is considered 1.5% above APOR. When doing a "higher-priced" (not "higher-cost" because there's a difference) there are some disclosures that need to be handed out (i.e. the TIL section 32 disclosure). But again, your RMLO should be satisfying these needs.

I hate to see so many people misinformed on owner financing on here, because it is a fantastic way to invest with little to no money out of your pocket. However, there's DEFINITELY a right and wrong way to do it. If you're going to do it, make sure to consult someone like Scott Horne (DFW real estate and title attorney) to get the right paperwork done.

We've done over 10,000 seller financed properties in this office over the last 25 years. It's definitely legal.

If you want to do more research on Dodd-Frank, S.A.F.E. act, Truth in Lending, RESPA, and the like you should visit the CFPB website:

http://www.consumerfinance.gov/guidance/

Post: Dallas/Fort Worth BiggerPockets October Meetup Speaker!

Grant KempPosted
  • Investor
  • Dallas, TX
  • Posts 158
  • Votes 99

Joe, I think that's discrediting how much time being a mentor takes. In fact, wouldn't you rather he answer with "I don't have time" then "sure, give me 10,000 bucks" then not perform?

Real estate investing is extremely time consuming. Mentoring is also extremely time consuming. Let's not fault the guy for knowing his limits and let's not start throwing out bad words towards him without knowing the full story.

What if I asked Donald Trump to mentor me? Should I not go to a seminar of his because he was unwilling to take time out of his actual business doings to show a newbie how to do it? "But I offered to pay him!" sounds ridiculous.