Skip to content
×
Pro Members Get
Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
ANNUAL Save 16%
$32.50 /mo
$390 billed annualy
MONTHLY
$39 /mo
billed monthly
7 day free trial. Cancel anytime
×
Try Pro Features for Free
Start your 7 day free trial. Pick markets, find deals, analyze and manage properties.
All Forum Categories
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

All Forum Posts by: Isaac Passmore

Isaac Passmore has started 14 posts and replied 26 times.

Post: Clouded title, buyer options?

Isaac PassmorePosted
  • Posts 27
  • Votes 6

What are the buyer's options at closing if the title company is unable to produce the closing documents because the seller has not been communicative and the title company has discovered numerous liens against the property but does not know enough information to provide title insurance or provide an accurate payout?

Quote from @Erik Estrada:
Quote from @Isaac Passmore:
Quote from @Ko Kashiwagi:

Hi Isaac,

Are you moving into the house during the rehab/renovation? Some lenders will lend on it as long as you don't occupy the property at all during term of the loan


I believe I have found a lender to help me with this specific situation. But my situation allows me to be flexible. Ideally, I would move in and begin the house hacking process, however, I can continue to occupy my current residence while I perform the necessary repairs from a far. 


 Hey Isaac, 

Generally most Hard Money lenders will not lend on a property you are going to occupy as your primary residence. There are far too many consumer protections for them to even consider a loan knowing that your plan is to live in the property. 

However, if your goal is to buy this property with a hard money loan and not live in it and maintain your current primary residence, you should be able to locate a hard money lender that can close this for you. But it seems like the seller is getting cold feet? 


 That is exactly what we ended up finding ourselves and the solution we are aiming for. The seller is no longer happy with the purchase  price and wishes to backout or renegotiate. They definitely want to sell the property

Quote from @JD Martin:

I think you should just hold them to the current contract or let them buy you out of the contract. "I changed my mind" isn't a valid legal reason to negate a contract, especially if you're willing and able to complete the deal. Let them buy your signature on a cancellation for some reasonable amount of money for your time & effort, or let them know that you're prepared to have an attorney proceed to force consummation of the contract that they freely signed.

Why would you want to go through the time, cost and effort of putting a new wrinkle on a property you already have under contract? 


We have given them the a buyout option and informed them we intend to take legal action if they fail to perform. It has been radio silence. The reasons for adding the right of first refusal is 2-fold. 

1) I only want to use legal action as a last resort. It's crazy expensive, time consuming, and extremely high effort. 

2) If they have a genuinely human reason for no longer wishing to sell. If it's simply price (which everyone believe it is) then we want to be the buyers. However, in the off chance that the seller truly wants to stay in the house, then fine. I just want the right to purchase the property at this current contract's agreed upon price and terms if they want to sell it sometime in the future. 

Quote from @Ko Kashiwagi:

Hi Isaac,

Are you moving into the house during the rehab/renovation? Some lenders will lend on it as long as you don't occupy the property at all during term of the loan


I believe I have found a lender to help me with this specific situation. But my situation allows me to be flexible. Ideally, I would move in and begin the house hacking process, however, I can continue to occupy my current residence while I perform the necessary repairs from a far. 

Quote from @Russell Brazil:
Quote from @Isaac Passmore:

My lender is requiring that I obtain Vacant insurance. Does anyone have any recommendations for where to find this for the greater Washington DC metro area? Specifically Prince George's County MD. 

I have never heard of this type of insurance before but is there anything unique about it other than no one can live in the property for coverage to be effective? Is there an area where I can read more about the various insurance products that may come up concerning real estate transactions? 


 Try Mike Herson at Congressional Insurance Associates.

Yes if a property is vacant, standards homeowners policy will not pay any claims. Vacant property insurance is substantially more expensive than normal. Multiples of a regular policy.


Thanks Russell, I've reached out to Mike. In a previous suggestion he was unable to help due to not knowing the age of the roof and inspections saying it was near the end of its expected life. That was for an owner occupied policy. With this new lender we'll see if Mike can make something work for a vacant policy.

So I am in an incredibly unique situation where the seller doesn't want to sell after being under contract for several weeks. I do not want to force them to sell if they truly wish to stay in their home. However, the only indication I've gotten is that they are upset with the price and feel they can get a better deal. For context, they have been trying to sell this property for nearly a year. I'm very confident they are trying to sell. However, in the off chance there's a human reason they want to stay in their home I want to let them but I also want to protect myself and not be taken advantage of. I want to purchase this house and am prepared to move forward based on the existing contract. 

I am meeting with a lawyer on Monday to discuss various documents we need to have ready by closing in case this deal continues to go sideways. I want to discuss drafting up a Right of First Refusal agreement to cloud the title of the property. For those that are familiar with this option, what are some terms you look for or draft up in a Right of First Refusal? 

Has anyone made Right of First Refusal transferable? (meaning, if I don't have the funds when the seller is ready to sell, I can turn around and sell the rights to purchase first to someone else) Would this be done through something like "a person or entity to be named later"? 

If given the opportunity to purchase this property in the future, I would like to purchase this property through an LLC, however, the current purchase agreement contract is written in my personal name.

Creative ideas welcome!

(I got really lucky by stumbling across this option by going to a house showing today that has Right of First Refusal by the county. Wasn't even aware this was a thing...) 

My lender is requiring that I obtain Vacant insurance. Does anyone have any recommendations for where to find this for the greater Washington DC metro area? Specifically Prince George's County MD. 

I have never heard of this type of insurance before but is there anything unique about it other than no one can live in the property for coverage to be effective? Is there an area where I can read more about the various insurance products that may come up concerning real estate transactions? 

What happens in Maryland if the seller refuses to leave the property after selling? What actions can the new owner take if they are operating remotely? I am hoping to get this answered on Monday by speaking to an attorney but I would like to know going in what to expect. 

Post: Looking for Insurance Provider

Isaac PassmorePosted
  • Posts 27
  • Votes 6

I am in need of an insurance provider to help complete a deal that will involve creative financing if it is able to close. I am not fully certain what the lenders requirements will be so I need someone who can be creative and flexible. The property is located in Prince George's County Maryland. Please reach out if you have a contact.


This is a repost from 2 weeks ago. The old thread was mislabeled and didn't get much traffic. (also the lone suggestion was not able to find a solution to fit this opportunity.)

Wow thank you for that incredibly insightful response! I unfortunately find myself approaching this very scenario. We have begun to apply legal pressure and offered a buyout option to the seller. What other courses of actions should we be taking? I'm sort of running the gauntlet and consuming everything I can find on creative financing so I minimize as much of my risk as possible. We were approved for traditional financing and then the appraiser came back with something that required the seller to take action, which they will not do. I don't want to miss the deal, but I really don't want to make a crippling mistake rushing into something I don't understand...