Quote from @Olivia Taitt:
Hi Everyone,
Looking for advice - pls on a potential SubTo deal where I would be the seller (think slow flip). Here is the background:
I have a 4 unit multifamily in the city that I am considering selling for the following reasons:
-Gut renovated 2 units; other 2 units have long term tenants and those units need gutted (old electrical and plumbing constantly giving me issues) + big ticket items coming due (furnaces, deck rebuilds). I don't have cash on hand to gut those 2 units.
-I moved away from the city so it's harder to manage (I self manage).
I have a 2.875% interest rate on it . P&I payment on it is $900, PITI is $1400/month, and rental income is $3300/month. It's worth $275-$300k and I owe $165k
I feel stuck because the interest rate is so great, but the headaches from the 2 non-renovated units are nonstop. Refinancing to pull money out would shoooooot up monthly payment; combined with the maintenance and utilities I pay, I would hardly cashflow.
SO - I have an offer from someone I know to buy it seller financed (subTo). Could I make this a slow flip/rent-to-own deal? THOUGHTS!? I feel like there has to be a way to continue making money on this deal without just classically selling it.
What would you do?
Additional Info:
-Units are 900 sq ft and older units would need bathrooms gutted, plater removed throughout for new electrical + plumbing. I can reuse kitchen. Building needs new furnaces + 2 new decks (5x8') as well.
.
Potential SubTo Pitfalls
1. The bank can call the loan due (due on sale cause).
2. You need money to do a "no money down" Subject To. The seller needs moving money, there are oftentimes an arrears that has to be paid on the loan, there are oftentimes HOA fees that are due, there are title costs, there are escrow costs, usually there is deferred maintenance, you have to make mortgage payments out of pocket until you get a renter in there, you have to pay utilities and taxes, and you need reserves in case it all doesn't go as planned.
3. You can really mess up the seller's credit if you miss payments and they can then sue you.
4. If the seller files bankruptcy in the future you have to prove to the court that you bought the house fairly. That means you have to hire an attorney with uncertain outcomes.
5. If there is a fire and you haven't set up your insurance properly you could be in for a big surprise and not receive a payout.
6. A common source of Subject To deals is people in distress (foreclosure) who have a pending sale date. If you promise them a "rescue" and you don't get it done before the foreclosure sale they can sue you and the local authorities can investigate you.
7. In many jurisdictions (Washington, Oregon, California & others) it is unlawful to contact people in foreclosure unless you are an attorney or real estate agent or loan officer .
8. If you miss payments on the underlying loan you can go to jail after a very unpleasant investigation.
9. The seller can come back in a year or two and say the sale was unfair and they were taken advantage of and an attorney will believe them and sue you.
10. You can use a Quit Claim Deed and that can be rejected when you go to sell the property.
11. The seller can disappear from contact over time and not be available when you go to sell - you need their assistance oftentimes depending on the lender.
12. You can't contact the lender directly, they won't talk to you.
13. The payment can change and you won't be notified.
14. You can find out later that there was someone else on title that you weren't told about until you get sued.
15. You believed the "Subto community" and now you are in deep doo doo and in a world of hurt because of what they didn't tell you. The judge isn't interested in your "explanations" or finger pointing.
16. The "Subto community" is NOT a good source for learning how to solve the Due on Sale clause. The "guru" just had 10 Due on Sale called. They are factually, actually and legally just plain wrong on how to STOP Due on Sale. (Ask an attorney)
17. Paying for proper training, "one on one", with someone who has been doing this for many years, is the only answer to learning Subject To legally and safely. You can NOT learn this in a group setting. It's like learning to drill teeth by video.
18. Lawsuits begin years after taking over the property, they do not appear right away. They sneak up on you.
19. If you can't afford proper training, you can't afford to do Subject Tos.
20. Of course there are more Pitfalls. Did you think this was easy? ;-)
There are solutions for all of these. But it is not "no money" needed, should never be overleveraged and has serious consequences for those that are undercapitalized. If you don't understand that last sentence, do not even attempt it. But, help is available.
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