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: Jay Hinrichs

Jay Hinrichs has started 325 posts and replied 41547 times.

Post: I heard via this site that newbies should try to stand clear of foreclosure deals?

Jay Hinrichs
#1 All Forums Contributor
Posted
  • Lender
  • Lake Oswego OR Summerlin, NV
  • Posts 43,308
  • Votes 63,976

@Sean OToole

Ooh that's a good one... I would think with the power the BK judges have they might have really gone after them for BK fraud.. and or at least turned it over to the AG.

Prior to the new laws coming into effect about 07ish.. I acquired most of my rentals in this manner.. And would rent back ( at fair market rents) to the home owners.. I had 2 people buy the properties back at fair market price..

My experience with hold over sellers is they would just fall down the same hole that got them into foreclosure in the first place, they would eventually move on. And in addition we always paid some fairly substantial amount for their equity... I have seen many of these folks sign over there homes for 10 dollars.

But as you said previously you had the 5 D's going on and some folks just can't manage their finance's no matter how hard you try to help them.

In addition most of the homes we acquired were within literally hours before the sale.. Not uncommon to do the deal the day before have to hire a courier to run a cashiers check to the trustee.. I found a lot of these folks wanted to stay because of kids schools.

Post: I heard via this site that newbies should try to stand clear of foreclosure deals?

Jay Hinrichs
#1 All Forums Contributor
Posted
  • Lender
  • Lake Oswego OR Summerlin, NV
  • Posts 43,308
  • Votes 63,976

@Sean OToole

Oregon and Washington have the same laws.. with Oregon you need to be a licensed foreclosure consultant.. IE RE broker, Mortgage Broker, lawyer.

Of course these laws are broken daily... And many times the seller just moves on and never knew they had rights. These rights are related to how much profit the new buyer can take and how much they have to give back to the seller if they flip the house. Takes most of the motivation away from those in the pre foreclosure business. As well as in Oregon your not allowed to buy pre foreclosure then rent back to the owner ( not sure why but that's the law)

Post: Eddie Speed Note School

Jay Hinrichs
#1 All Forums Contributor
Posted
  • Lender
  • Lake Oswego OR Summerlin, NV
  • Posts 43,308
  • Votes 63,976

@Bill Gulley

Your right Bill I got ahead of my self there.... while I have bought and sold many notes I am sure I am not the top dog in that game by any stretch.

However I have never built a home and then sold it on owner contract. I don't do anything owner occ in the note bizz I only buy or make new loans on commercial properties non owner occ. When I build and sell homes it to a homeowner that gets a mortgage and we are cash out.. There is NO such thing as OC in our current market here in Oregon. 5 years ago yes.. But not for the last oh bout 3 years. Unless its an odd ball property or some very high end or someone is paying far over market for it.

The point that I was trying to make and did not make very well. Is back on point where there are seminars one can go to and mentoring or guruing for the note business. there was a buy in Denver can recall his name and he got shut down by the feds. And I could always tell when someone had just bought his system.. they would have an add on craigs list ( I was looking to sell some of my OREO paper and when you get them on the phone they are running down a script and had no clue as to what they were doing).

There are companies that ( and they are probably some of these other people on BP that I should know what they do but I don't that specialize in very low value notes that get sold in tapes by banks all the time).. I have seen many of these tapes over the years. And yes they can be bought cheap but they are scattered and I really look at these types of investments much like going into Detroit and buying homes for 1k or less. I know many of my past borrowers that make a living trading these very low valued homes in Detroit. and other mid west rust belt markets. So yes its possible to buy a note and make a huge return but like owing a home in Detroit that you paid 1k for and sold to some unsuspecting Cash flow investor for 30k and made a whopping % profit its not sustainable @J Scott like J Scott mentioned.

And the idea in my mind that you can take newbies that go to course's and teach them how to buy non performing assets and then go through the foreclosure process for the reinstatement process while it can be done I bet a fair amount of them ( just like cash flow investors buying Ghetto) the assets are the same and all the same troubles come along with them.

At least that's my view. So I go back to Hey for me personally I would rather buy a nice performing note why take on someone else's troubles. Unless with this caveat It was going to be my Business focus and I was going to become very good at it and do it basically full time.

Exact same thoughts I have for owning C and D class rentals one needs to jump in with both feet to be successful at that arm chair investing in these asset class's leads to a lot of lost money.

Post: Eddie Speed Note School

Jay Hinrichs
#1 All Forums Contributor
Posted
  • Lender
  • Lake Oswego OR Summerlin, NV
  • Posts 43,308
  • Votes 63,976

@Brian Winberry

@J Scott

@Jackie Lange

@Rick H.

I don't have a dog in this hunt BUT I have probably done more note investing than most of all of the audience combined. Why anyone would step into NP notes when there are good performing notes is a mystery to me. I guess the lure of huge returns.

When someone says they are making some incredible return I just look back at the WADE COOK stock market books, with those returns being touted this investor would be long ago retired and NOT on BP.

Like most investors in the paper business I have bought my share of good deals. but. So much of this paper that is being bandied about is mid west Mich. Ohio etc etc.. Just garbage paper in my mind. There is a reason the sellers of this paper off load it for pennies on the dollar... There was a few years were prime CA and West coast paper was trading at 60 to 70% but those days are long gone.

The paper business ( the sand box I play in) is huge.. However for me I want nice performing notes ( why would I concisely make an investment into a problem asset) and I want realistic returns.. Again personally speaking I would so much rather have a nice conservative return that I could count on than foreclosing on some low life in kokomo or Detroit or wherever.

just my 2 cents.

Post: Partnering on my first deal

Jay Hinrichs
#1 All Forums Contributor
Posted
  • Lender
  • Lake Oswego OR Summerlin, NV
  • Posts 43,308
  • Votes 63,976

@Josh Rich

you can do the indemnifying agreement but it will not protect you if the borrower pursues it.. Also in CA.. not sure TN.. Usury carries a treble damages clause. And in fact all payments made are considered principal.

There is no defense for breaking Usury laws its a slam dunk for the person who owes the money and a tough lesson for any lender.. So many folks violate this section of the law the borrower and the lender just do not realize it. If anyone has borrowed from a private lender as Will stated at above usary rates then they could declare all payments principal and if they wanted treble damages they would need to go to court.

I had this happen way back when in my 20's someone lent me some money at 20% interest and we got in a spat... I had heard of usary but did not know what it was so I went to one of those lawyers in a box back in the day.. And sure enough one 50.00 dollar letter to the beneficiary and we got a letter back from there attorney stating the note was flawed and they would credit all interest to principal and please just pay the principal back which I did.

Post: Partnering on my first deal

Jay Hinrichs
#1 All Forums Contributor
Posted
  • Lender
  • Lake Oswego OR Summerlin, NV
  • Posts 43,308
  • Votes 63,976

@Karen Margrave

@Josh Rich

If this is a close friend nothing .. otherwise I would recommend you and your partner are equal members of the LLC.. and just write out your business deal in an amendment to the operating agreement. the great part of an LLC is you can have unequal profit distributions.

If you have your partner own the property in HIS LLC and have no recorded collateral your giving an unsecured loan.

If you buy the property in an LLC with you and your partners as owner members then you have some ownership interest to secure your investment. Other wise you may want to secure your investment with a TD and Note..

Karen thanks for the mention FYI

Post: Getting blown out in todays tax sale

Jay Hinrichs
#1 All Forums Contributor
Posted
  • Lender
  • Lake Oswego OR Summerlin, NV
  • Posts 43,308
  • Votes 63,976

MKP stand corrected you are right.. as I think back on it we just never followed them until D day... back in the 70's and 80's pre anything was a concept not yet brought to the forefront of RE investing at least to us.

We had all the inventory we could handle yearly at the tax sale and weekly at FCL sales. Not to mention just buying form motivated sellers.

Post: Getting blown out in todays tax sale

Jay Hinrichs
#1 All Forums Contributor
Posted
  • Lender
  • Lake Oswego OR Summerlin, NV
  • Posts 43,308
  • Votes 63,976

@Account Closed

K M P agreed although with certs they are delinquent every 6 months or 12. so there are literally thousands of them per county.. in CA.. of course this is true as well but its not public notice until 5 years of delinquent tax's.

I guess one could just follow certain props they were interested in and check in with the tax collector twice a year and see the status. Lots of work kind of like finding a needle in a haystack

Post: Getting blown out in todays tax sale

Jay Hinrichs
#1 All Forums Contributor
Posted
  • Lender
  • Lake Oswego OR Summerlin, NV
  • Posts 43,308
  • Votes 63,976

@Ned Carey

@Account Closed

Ok here is a thought just like pre foreclosure there is pre tax sale. Lots of work but get to them before the sale. this is common on west coast not sure if it is in a tax cert state.

Post: Getting blown out in todays tax sale

Jay Hinrichs
#1 All Forums Contributor
Posted
  • Lender
  • Lake Oswego OR Summerlin, NV
  • Posts 43,308
  • Votes 63,976

@Matt Schelberg

when we were very active in TAX sales in CA circa 1965 until 1985... here is how it went.

100 people in the audience at the court house, tax collector would go through each item in auction style. WE would buy virtually anything with value in the first half of the sale and the first 20 or so we got for opening bid. By the end of the sale as you so correctly pointed out.. The newbies now afraid of not getting anything jumped in and we backed off.

In open auctions like these the first deals are usually the best with the last ones bid up out of sight