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All Forum Posts by: Jay Hurst

Jay Hurst has started 7 posts and replied 1572 times.

Post: Lender wants to change my LLC structure

Jay Hurst
Posted
  • Lender
  • Dallas, TX
  • Posts 1,621
  • Votes 1,095
Quote from @Srini Murthy:
Quote from @Jay Hurst:
Quote from @Srini Murthy:

I am trying to close on my second Duplex in OH. I have an Ohio LLC which is pass through to my Wyoming LLC. This second duplex lender says they cannot close on my Ohio LLC with this structure. I did not have any problems when I brought a duplex last year.

Have the rules changed in the last year?

There are no set "rules". Each program has their own set of rules. The vast majority of programs do not allow for layered LLC's. So, you need to find a program that does allow for a layered LLC. You might have to pay a bit more for it as there is additional risk (the biggest risk is that the originating lender gets stuck with the paper because out the hypothetical programs they offer only 1 of the 5 will allow for layered LLC's. and if they miss one detail that program does not allow that happens to exist in your file they can not sell it, they are stuck with it. lenders like to have at least two takeout plans.)


True but I did not know that this will be a big deal as the loan is a DSCR loan and I assumed there will be some layering for investment properties. Next time this will be first question I ask.


DSCR loans are still loans. The lender (or investor) would still like to be able to foreclose on the property if need by. That is why the personal guarantee is still required.

Post: Lender wants to change my LLC structure

Jay Hurst
Posted
  • Lender
  • Dallas, TX
  • Posts 1,621
  • Votes 1,095
Quote from @Srini Murthy:

I am trying to close on my second Duplex in OH. I have an Ohio LLC which is pass through to my Wyoming LLC. This second duplex lender says they cannot close on my Ohio LLC with this structure. I did not have any problems when I brought a duplex last year.

Have the rules changed in the last year?

There are no set "rules". Each program has their own set of rules. The vast majority of programs do not allow for layered LLC's. So, you need to find a program that does allow for a layered LLC. You might have to pay a bit more for it as there is additional risk (the biggest risk is that the originating lender gets stuck with the paper because out the hypothetical programs they offer only 1 of the 5 will allow for layered LLC's. and if they miss one detail that program does not allow that happens to exist in your file they can not sell it, they are stuck with it. lenders like to have at least two takeout plans.)

Post: How a DSCR Loan Can Impact Your Future Full Doc Loans—Even If It’s Not on Your Credit

Jay Hurst
Posted
  • Lender
  • Dallas, TX
  • Posts 1,621
  • Votes 1,095

This post deserves to be bumped to the top. 

Post: Is it impossible to cash out refi a TX rental property if you live out of state?

Jay Hurst
Posted
  • Lender
  • Dallas, TX
  • Posts 1,621
  • Votes 1,095
Quote from @Fay Chen:

I'm looking to cash out refi a SFR rental property in Irving, TX. I live in WA. So I've been rejected by several national lenders now. Is it pretty much impossible? If not, please show me how. Thank you!

 @Fay Chen    There are unique laws around owner occupied properties in Texas. The laws do NOT apply to investment properties at all.  However, a lot of the nationally focused lenders  do not allow for cash out on investment properties in Texas simply because it would be such a small % of their overall business and they just do not want to run into some unforeseen legal issue. so they just do not allow it, and the LO's assume if they cannot do it, it must be illegal.  

But, rest assured, we do it everyday.  and no, it does not matter what state you currently live in. 

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

Jay Hurst
Posted
  • Lender
  • Dallas, TX
  • Posts 1,621
  • Votes 1,095
Quote from @Jay Hurst:
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.

Some DSCR products are becoming just flat out sub prime loans with better LTV's (for now anyway). They used to only be for experienced investors, with pretty good credit, with ample reserves, 75% LTV and ratio over 1.00, but preferably over 1.15. Anyone who has ever managed real estate knows that 1.0 DSCR is not breaking even, pretty far from it.) from it, so reserves, that is cash in the bank matters (and experience does not hurt) a great deal. But, there are programs that will allow a first time investor (who might not even have a primary home) to borrow at 80% loan to value with a 2 months of reserves on the SUBJECT property with say .80 DSCR. They are coming out of pocket every month to make the payment BEFORE the AC breaks. Before the roof leaks etc. and they can have 5000 in the bank after closing. and oh by the way, they have four more properties with the same .80 ratio that they used the same 5k as reserves.

Every investment banker I talk to tells me how hot DSCR loans are right now and everyone wants a piece, so the bid for these deals is juicy. If I had been savvy enough in 2006 to to be talking to Investment bankers would that have sounded much different then? This is a MUCH smaller slice of mortgages then true subprime so much different systematical risk then back then but it will still end poorly for a lot of the borrowers and for the end buyers of the debt.

And, I will add, it will not end well for those originators who only understand, and in most cases not licensed to sell anything but DSCR.


Oh, to add one more thing: Most of these loans have 3-5 year pre-payment penalties up to 5%. No big deal, you get a .375% lower rate to get your DSCR to .80 instead of .78 to get the deal done. now, prices drop, tenant tears up the house, no money to fix, oh crap have to sell but more or less under water even after putting down 20% due to closing costs and PPP that I was told was no big deal. Poof. It all evaporates.

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

Jay Hurst
Posted
  • Lender
  • Dallas, TX
  • Posts 1,621
  • Votes 1,095
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.

Some DSCR products are becoming just flat out sub prime loans with better LTV's (for now anyway). They used to only be for experienced investors, with pretty good credit, with ample reserves, 75% LTV and ratio over 1.00, but preferably over 1.15. Anyone who has ever managed real estate knows that 1.0 DSCR is not breaking even, pretty far from it.) from it, so reserves, that is cash in the bank matters (and experience does not hurt) a great deal. But, there are programs that will allow a first time investor (who might not even have a primary home) to borrow at 80% loan to value with a 2 months of reserves on the SUBJECT property with say .80 DSCR. They are coming out of pocket every month to make the payment BEFORE the AC breaks. Before the roof leaks etc. and they can have 5000 in the bank after closing. and oh by the way, they have four more properties with the same .80 ratio that they used the same 5k as reserves.

Every investment banker I talk to tells me how hot DSCR loans are right now and everyone wants a piece, so the bid for these deals is juicy. If I had been savvy enough in 2006 to to be talking to Investment bankers would that have sounded much different then? This is a MUCH smaller slice of mortgages then true subprime so much different systematical risk then back then but it will still end poorly for a lot of the borrowers and for the end buyers of the debt.

And, I will add, it will not end well for those originators who only understand, and in most cases not licensed to sell anything but DSCR.

Post: HELOC (80-85% LTV) Single Family Home Investment

Jay Hurst
Posted
  • Lender
  • Dallas, TX
  • Posts 1,621
  • Votes 1,095
Quote from @Cassidy Burns:

Hey BP,

I"m looking for an investment product for a HELOC for a Charleston, SC single family home. What lenders do you know that have 80-85% LTV HELOC on SFH investment properties?

Thanks in advance. 


I can go to 80% LTV on an investment HELOC but I do not lend in SC. But, it does exist. But, my HELOC's are full doc, not DSCR.

Post: Lender Points too high?

Jay Hurst
Posted
  • Lender
  • Dallas, TX
  • Posts 1,621
  • Votes 1,095
Quote from @Calvin Thomas:
Quote from @Patrick Roberts:
Quote from @Calvin Thomas:
Quote from @Jeff Chisum:
Quote from @Calvin Thomas:
Quote from @Jeff Chisum:
Quote from @Katie Smith:

Hi Josiah! Is there a reason you're taking your investment property to a conventional loan? Wouldn't you prefer to put your investments in an LLC for further protection?

You can do a conventional loan and transfer to an LLC after closing on an investment property.

 Only if the lender allows this, if not, it can trigger a due on sale clause.


 If it’s a Fannie, Freddie or FHLB loan it is allowed by those agencies

You are mistaken.  We have several that are backed by the feds, and they are not allowed to be transferred without approval.  Non-small balance loans.


Conventional loans allow properties to be transferred to an LLC after the loan has funded if certain requirements are met. The borrower must remain on the note and mortgage, but the Title can be transferred to an LLC, LP, or certain trusts so long as the majority owner/controller of the entity is the borrower. Conventional does not allow entities to be the borrower, so you cannot fund a new loan while the entity holds Title. That being said, I remember this only applying to loans made after 2016 or something like that.

Govt loans (FHA, VA, USDA, loans that are modded/distressed where the govt has an interest) cannot.


 Again, this depends on the loan.  But what do I know.  I've only been doing this 40+ years.


https://servicing-guide.fanniemae.com/svc/d1-4.1-02/allowabl...

Post: ADU versus duplex conversion

Jay Hurst
Posted
  • Lender
  • Dallas, TX
  • Posts 1,621
  • Votes 1,095
Quote from @Thuan Nguyen:

I am purchasing a SFH with an attached garage and a detached garage. I have the option to either convert the two garages into two ADUs or converting a SFH into a duplex with a detached ADU. Which of the two options will add more value to the property? Any suggestion?


From a financing perspective, both for you if you want to refi and when you go to sell the property, a duplex with one ADU is acceptable to Freddie Mac. A single family with two ADU's is NOT acceptable to either Fannie or Freddie making the property that much harder to sell.

Post: Can lender refuse escrow removal when there is no reason for it?

Jay Hurst
Posted
  • Lender
  • Dallas, TX
  • Posts 1,621
  • Votes 1,095
Quote from @Turgut Oz:

I have a conventional 30 yr mortgage for 3 years. I have always paid on time and recently canceled PMI so there is no PMI right now. I have a LTV <0.8. The lender said the investor (in my loan) has refused to remove my escrow account. But, there is no reason why lender insists on that when I have above parameters. The lender does not provide any reason as to why lender refuses it or what factor prevents them from doing so. I am in TX. I wrote a complaint on CFPB. What are my options?


 The servicer is not required by any law to remove an escrow account that has already been set up. As Chris points out, it is to their advantage for you to have an escrow account for both the reason he points out but also a higher servicing fee from Fannie/Freddie in a high tax/insurance state like Texas.  Some servicers will do it, some for free, some for a fee, but they are not required to do it.