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All Forum Posts by: Benjamin Cowles

Benjamin Cowles has started 92 posts and replied 441 times.

Post: Lee County Tax Deed Sales Process: From Their Website

Benjamin CowlesPosted
  • Cape Coral, FL
  • Posts 469
  • Votes 32

Thanks John.  Good info

Originally posted by @Neal Collins:

@Benjamin Cowles To be successful in the industry does not mean that all you do is buy property at a steep discount at the expense of a seller. While you need to hunt for deals, the most successful people will create the deal in the process. This starts with educating yourself on values, furthering your knowledge base on the technical side, sharpening your negotiation skills, and working on your belief system. That is your rule of thumb.

Partnerships come in many different forms and can help you get your to your goals quicker than if you go at it alone. You also assumed 50/50 which is interesting. Like I said, if you are finding sellers willing to participate in the financing, that's taking on a partnership of its own and you need to treat it as such. 

Your worries about finding deals with enough equity spread may be an indicator that you need to continue to educate yourself. Julie gave you a great example of how she was able to add value to a property in order to create equity with the end result being a nice property with little to no money out of pocket after the refi. 

If you are looking at the returns and you are finding sellers that are willing to finance the transaction then you are forgetting about one of the most important metrics...Cash on cash return. The ROI may not be as high but it's nice to have to come out of pocket or secure costly hard money.

Focus on your first deal, not number two or three. If you want to find a fixer then go after that kind of property. What you are looking for does exist, but your going to have to work in order to find it. Hopefully by that point you are able to see the opportunity and then create the solution. Learn to do that then start branching out to do lease options and other creative forms of investing. (By the way, what is a flex option? You can purchase the property but the seller isn't locked into selling to you? Isn't that what all properties are? How is that of any value to you?)

I thought ROI was COC in this business. Anyway, I may have complicated the picture. I am looking at these potential deals as buy and holds. As buy and holds tho, still requiring a substantial down payment, it would cost me too much in the short term. And, as you suggest, focusing on the first deal, not 2nd 3rd etc... 20-30% is just to much RIGHT NOW for a buy and hold, unless I get that down payment wholly or partially financed, OR I do NOT hold but plan for an exit as I've been recently been thinking like selling it somehow before the balloon or option period come up, however I acquire it. So back to my studying and if you have a comment on how to finance that down payment... I mean, hypothetically under what conditions/criteria would YOU finance someone's down payment as a debt partner? If it's not just the security in the equity then what else? Good enough equity, trust, and a nice fat n juicy interest rate? I appreciate your advice to educate myself but that's why I started the thread.

And never mind the flex option. Apparently they are barely used in the business. They allow the seller to sell the property to someone else(unencumbered) and at the same time give you equitable interest to legally market it, IF they didn’t want the encumbrance of a regular option. At least that is what I’ve gathered recently. Just another option where a seller is saying no. Thanks again Neal for taking the time to reply. 

Originally posted by @Julie Haveman:

Benjamin Cowles
We bought a duplex recently in pre foreclosure. Paid 88K for it. It needs a roof, siding, Windows, and we already rehabbed a bathroom. Once it's done we should have 108k into it, and it should have ARV of $140k. We should be able to refi and get all our $ back out of it.

 Thanks Julie.  Not sure how that answers my questions but I'm  happy for you nonetheless.  That's awesome.  Im looking to flip deals like that too.  So far I'm not getting anything distressed.  Good luck with that deal you have. Very nice. 

Originally posted by @Neal Collins:

Find private money or a partner to finance the the downpayment and get the seller to finance. You're in a good position if they are open to this.

 Thanks Neal.

As far as going in 50/50 with a partner, I suppose if it were a matter of just the amount of cash I wanted to put up then that would make sense but it's more a matter my ROI and then the amount of cash I'm investing. I want to make investments I can repeat so this method doesn't seem to solve that issue, just cut it in half. So while I could do it once perhaps I'd still need to work on getting cash.

So I like the idea of getting the DP financed but I still gotta figure out how that can work. Seems like I'd have to get the property at a low enough price so that god forbid the seller has to foreclose there would be room for the fc proceeds would cover the seller and then my partner right? Is there a rule of thumb for how to go about securing deals like this? Seems to me that on top of getting seller financing you'd have to get a low enough price to get some equity right after closing for a partner to want in on a 2nd position. Any tips on this? Sounds like risky business for a newbie

Of the little marketing I've done so far just about all the responses I've received have been from absentee landlords of properties with tenants who will either finance no more than 70-80% if at all and won't take as little as my cash offer.

But what else can I do with these sellers?

Financing with 20-30% down isn't bad but I couldn't repeat that without earning cash at this point so I'd rather find a way to flip these or find a way to get them financed more than 80%.

Option 1) lease options

I've read a bit about these but not with tenants already in place. Would I just take over the existing lease as my own sub lease under my master lease with the seller and replace tenants when their lease is up with tenant buyers to buy the option?

Alternatively I was thinking to avoid getting in the middle of that confusing situation just using

2) a straight option. ..

as these sellers can sit on these properties as they already have tenants. Offer them a substantial non-refundable option fee to show I’m serious, deductible from purchase price, then use the option period to either find a cash buyer to flip it to or find suitable financing for myself to hold it. Or

3) flex option, so seller can still sell to someone else and I don’t have to risk much option consideration but still be able to market the property.

Any comments , corrections or suggestions to my thinking so far? 

Post: So how do flex options work in Florida?

Benjamin CowlesPosted
  • Cape Coral, FL
  • Posts 469
  • Votes 32

Thanks Stephen! 

Post: In a state like FL is there a disadvantage buying on CFD vs...

Benjamin CowlesPosted
  • Cape Coral, FL
  • Posts 469
  • Votes 32

... I still don't know what to call the alternative, the one where title is transferred. promissory note? loan agreement? either one + mortgage? so many terms and many interchangeable idk. so help with that would be appreciated.

to the main question:

I've read somewhere even with cfd's you need to record a mortgage because of something to do with FL being a judiciary state. And from my limited understanding the cfd is favorable to the seller as they keep the title so if and when buyer defaults seller doesn't have to get the title back but apparently in judiciary states a foreclosure is still required.  

So from the buyer's/borrower's perspective is there a relevant difference between buying on a cfd vs. the alternative(whatever it's called??)? Thanks! 

Post: Options

Benjamin CowlesPosted
  • Cape Coral, FL
  • Posts 469
  • Votes 32
Originally posted by @Bill Gulley:

... 

A property with an active option can be sold "subject to" that option. Then, any buyer will be obligated to sell if the option holder desires to buy at that originally agreed price. An option "runs with title" as an encumbrance.     

Ah,  OR the buyer could purchase the option their self to remove the encumbrance correct? I'm assuming the original seller would point out the existing option that the buyer would need to purchase in order to obtain title free of the option correct?  

Post: Options

Benjamin CowlesPosted
  • Cape Coral, FL
  • Posts 469
  • Votes 32
Originally posted by @Bill Gulley:

What you're asking about is a "Sandwich Lease" search that on BP.

The option gives you the right to purchase, a lease gives you the right to occupy or control the property physically. These are separate contracts but we call them a lease-option when used together. 

While by custom, most sellers will wait to sell honoring the intent of an option, however they are not required to legally. A property with an active option can be sold "subject to" that option. Then, any buyer will be obligated to sell if the option holder desires to buy at that originally agreed price. An option "runs with title" as an encumbrance. 

Another bit of misinformation about options, an option does not give you an equitable interest in the property, your interest is only in the option contract.  You can sell your option contract.

Thanks Bill.  That was informative.  Didn't know that.  As far as sandwich lease options,  I was wondering just about the difference between regular options,  not sandwich lease options,  and in what scenarios investors use them without a lease,  if at all.  Maybe they dont(?).  

In particular I've been trying to figure out how flex options work :

So how do flex options work in FL? 

If you wouldn't mind checking that out.  

Post: So how do flex options work in Florida?

Benjamin CowlesPosted
  • Cape Coral, FL
  • Posts 469
  • Votes 32
Originally posted by @Account Closed:

All options require some money to be valid. You just have to negotiate a value. As for the attorney I don't know of any. I am new to Orlando and currently don't use attorneys for any of the my real estate dealings. At least I was able to answer one question for you. Remember an option is the right to buy the property if you find a buyer. It is not tying up the property. The owner can still try to sell the property, but if they find a buyer you then have to activate your option if you want to get paid.

Thanks Stephen.  I was soliciting a referral to an actual option form not an attorney.  But looks like you're suggesting an attorney isn't necessary,  at least for yourself,  for (don't know the right verb lol) an option with a seller.  

And as far as it not tying up a property,  thanks.  That's new to me.  I assumed otherwise since I'd just read about "non exclusive flex options".  So by default all options are non-exclusive? Why then the distinction?  

Anyway, suppose the seller finds a buyer and sells the property before you can "activate"  it.  I'm guessing there is something in the option that says the seller has to inform you(?). If not and the option is still attached to the property,  what if the new buyer declines to purchase the option from you before it expires? Are they required to purchase the option before it expires? Thanks :)