Originally posted by @Account Closed:
Something isn't adding up for me. You're talking about carrying 5-15% in a junior lien position to an owner occupying buyer/borrower.....on a condo? Don't do it. Aside from all the mortgage origination issues, the new regs don't allow you to initiate the foreclosure until the loan is 4 months defaulted. Plus the 4 months to foreclose in CA means the soonest you could recover your collateral, the collateral with a big fat (most likely foreclosing) senior lien, is 8 months. In those eight months the HOA/condo fees and taxes will most likely go unpaid. So to save your position, you'll need to front cash on the taxes, HOA and senior lien. Excellent way to throw good money after bad. Just don't do it,
If you're going to lend in 2nd position, which is just bad idea most of the time, do it when there is a TON of equity and no HOA (or very low cost HOA).
Thank you for your input I hadn't considered those issues. Wouldn't the senior lien also have to worry about the back taxes and HOA dues? If the HOA forecloses on the property I'd imagine it wouldn't be fun for the senior lien holder either. Should I always expect the senior lien holder not to contribute to taxes and HOA in the event of a default? Or does it only happen sometimes? Either way, I can see your point about me being last in line to be repaid if something goes wrong. That is the main risk of second liens.
If the buyer gets a loan for 80% of the value of the property, and I carry back 5-15% of the purchase price, the buyer will start out with 5-15% equity, regardless of the purchase price. I don't see how it being a condo would have much to do with the amount of equity in the deal.
I suppose you could argue that the relatively higher value of a house vs. a condo would make each percent of equity worth a higher dollar amount. 5% of the value of a house is a bigger number than 5% of the value of a condo in the same area. If a condo is worth $100,000, and a house in the same area is worth $200,000, then the owner of a condo would have $5000 in equity, whereas the owner of a house would have $10,000. Therefore the owner of the house is the one with the most padding in terms of dollar amount. A valid argument I'd say.
However, I am looking at condos with ARVs between $250,000 and $300,000. I'd imagine there are seasoned investors on BP who have gone their whole REI careers without buying a single family residence for more than that. 5-15% of $250,000-$300,000 is between $12,500 and $45,000. Though I think I am going to take your advice to heart and not carry more than 10%, if I do still pursue this strategy. The more equity the buyer starts out with the safer I am.
I'm ecstatic about it only being 8 months. I thought it would take bare minimum 1 year to foreclose on an owner occupant in California. Unfortunately, owner occupants are the only demographic I could sell a rehabbed property to in Southern California. It is hard to sell an investor on the idea of buying a rental here, especially a condo or SFR. The cap rates are about as atrocious as my handwriting.