Overcoming The Due On Sale Clause In Subject To

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  • @peterkostas6004
    @peterkostas6004 Год назад +21

    Love Pace but the BS alerts are going off like crazy. Nobody in any BP forum or investing forum has been able to find this "supposed DOS clause insurance companies" There is one out of Texas that claims they do but website leads to nothing, and they don't cover seller financing. They are also not contactable. Seems like major BS and making confusion to join his course. Idk. I love pace and his stuff but you've gotten realize what his real business model is.

    • @gascan_productions
      @gascan_productions Год назад

      I agree, I think these “insurance companies “ should have been mentioned in wealth without cash. Valuable resource

    • @rp-wb6xn
      @rp-wb6xn 10 месяцев назад

      Have you been able to find a legit company since originally posting?

    • @romi929
      @romi929 9 месяцев назад +3

      If this due on sale clause would be so common and if you really had to sale the properties to pay the bank in full Pace would be a poor man 😊

    • @peytondowns5146
      @peytondowns5146 Месяц назад

      Anything is possible and I'm not arguing with anything, although if you do the math from the $ amount he charges for his courses. He makes a lot of money. Potentially more than his real estate. That kind of alternative cash flow alone makes it easy to obtain financing​ or payoff properties if needed. Plus his public presence he has people dumping money towards him for him to invest. @@romi929

  • @Opedanderson
    @Opedanderson Год назад +14

    Sounds like a very cooperative bank. In my experience, trying something like this with a banker having a bad day won't go so well.

  • @sincerejusticeallah5679
    @sincerejusticeallah5679 6 дней назад

    Yo! Pace you the TRUTH. I think you just gave new life to a dying deal.

  • @user-yb6yq7fz1d
    @user-yb6yq7fz1d 10 месяцев назад +4

    Most banks will 100% want out of these low rate loans to be able to re-lend at higher rates. In other words, expect the note to be called because a bank wants that 3% note paid off so they can re-lend the money at 8%.

    • @donaldclifford5763
      @donaldclifford5763 8 месяцев назад +2

      Do they want to pay thousands of dollars for foreclosure and eviction with the property being sold at a deep discount after a year or more and a new owner financing with a different lender? Or keep the performing loan on the books.

    • @user-yb6yq7fz1d
      @user-yb6yq7fz1d 8 месяцев назад

      ​@@donaldclifford5763 potentially - depends on the present value of the rate difference.

  • @alexkhalil2363
    @alexkhalil2363 Год назад +5

    Spot on brother ! And another suggestion, that you may already be doing is actually write it into your contract: we will transfer deed however if lender tries to evoke the due on sale we will transfer back and register the AFS that’s what I do. If you remedy the default by transferring back good luck to the lender in court !

    • @jonathanperez4555
      @jonathanperez4555 Год назад +4

      Can I have a copy of your contract? I am willing to pay!

    • @alexkabo4087
      @alexkabo4087 Год назад

      @@jonathanperez4555 My contract is mainly used in Canada. I don't mind sharing but I would strongly recommend you get an attorney to help you. The wording is very simple but one wrong clause can cause you issues later on. Here is the simplest structure I have found:
      1) Standard purchase contract in your area
      2) Addendum, which states, inter-alia:
      a) you will take title/deed in your name
      b) seller will execute a quit claim deed, which buyer will hold in your trust
      to be used at buyers sole discretion to remedy a 'due on sale clause' or
      mortgage accelartion. In which case the agreement switches to an
      agreement for sale which will entitle you to a lien/caveat against the
      property
      The contract (addendum) should have other terms such as the purchse price equals exactly (mortgage + arrears or whatever, + $x) subject to final approval by buyer. You should get an authorization to release so you can inquire with servicing company/mortgagor. Again, lot of fine moving parts some of which may be specific to your area where a good attorney can really help you put this together. Hope it helps. Feel free to drop me a line at ak@calcorp.ca I can be of further assistance also can probably refer you to a great attorney. Cheers. Alex

    • @jennyclark5689
      @jennyclark5689 Год назад

      Could you explain what AFC means?Thank you

    • @alexkhalil2363
      @alexkhalil2363 Год назад +1

      @@jennyclark5689 AFS = Agreement For Sale

    • @jennyclark5689
      @jennyclark5689 Год назад

      @@alexkhalil2363 If it's not difficult for you, please give an answer, how does it work in the case of AFC?

  • @nananna915
    @nananna915 2 года назад +8

    You add so much value. Appreciate you, Pace!

    • @PaceMorby
      @PaceMorby  2 года назад +1

      Awesome. Glad you're getting value out of our content. Thank you for commenting, Anna.

  • @scientificapproach6578
    @scientificapproach6578 Год назад +10

    Great video, if you have time, can you make a video about Sub To and Executory Contract (land contract) “scary” what if scenarios.
    For example:
    What if the seller files for bankruptcy?
    What if the seller tries to sell the house to someone else after you complete the transaction with them?
    What if they sue you years later because they claim you ripped them off?
    What if after the transaction the seller wants to buy a new home, but the original loan is still in their name?
    What if the seller dies, is the lender notified?
    Thank you

    • @PeopleUncorked
      @PeopleUncorked Год назад +4

      Great questions! @PaceMorby any way you could address those? I love your content BTW and I'm receiving your book today!

    • @ab-qn7kv
      @ab-qn7kv Год назад +1

      You have brought up alot of great questions. Have you found the answers to any of them or a link perhaps? Thanks in advance

    • @MrHymatt1
      @MrHymatt1 11 месяцев назад +1

      What if the seller dies?

  • @rendellbaldwin8946
    @rendellbaldwin8946 2 года назад +1

    Info is better than most investors. You hold no punches 💯💯💯

    • @PaceMorby
      @PaceMorby  2 года назад

      Rendell. Appreciate you, man!

  • @Cali_Girl1
    @Cali_Girl1 3 года назад +2

    Wow!
    Pace...Your Knowledge and Experience and Solutions are just SO AMAZING!!

    • @PaceMorby
      @PaceMorby  3 года назад +1

      Thank youu! Glad you gained value from my content.

  • @oldskoolfunk71
    @oldskoolfunk71 Месяц назад

    4:37 Thank you Pace

  • @devonblaine
    @devonblaine 2 года назад +2

    Why would we not just purchase Sub 2 with "Agreement For Sale" every time?

  • @benjaminmiraspeaks
    @benjaminmiraspeaks Год назад

    Holy shnite! My mind is BLOWN after watching this. Whew.

  • @davidnoticiero6728
    @davidnoticiero6728 3 месяца назад

    I’ll give Pace his due, he is a fantastic salesman, he is very knowledgeable of his systems and strategies, definitely not a RUclips hack he knows what he is selling and how to sell it.
    That said, as a homeowner, why would I enter into a Subject to agreement? The risk is all on the homeowner, even if you work your way almost all the risk is on the homeowner, for a seller to agree to sell Subto requires a seller to either be in a desperate economic situation where they agree to risk the buyer failing to follow through on the deal for the sake of a quick lump sum of cash, or finding a homeowner with a low level of financial literacy

    • @NikkiSabet-uc4qu
      @NikkiSabet-uc4qu Месяц назад

      A lot of subto deals come from pre-foreclosures where the owner was already in a bad situation, couldn’t sell in time or at a premium to cover all costs and backed up payment. So is it better to do subto now, get some money out it, get out of foreclosure and MAYBE have some risk? OR is it better to not do sub2 and be in 100% immediate risk, bankruptcy for 7 years, etc.
      Also why would a buyer pay so much in back up payment, cash to seller, payments over the years and just abandon it? If any kind of financial situation happens, the buyer will most definitely wholesale the deal before all that to get his money. So overall the risk to the owner is minimized because it’s in the buyer’s best interest to keep paying or assign it to someone else.

    • @davidnoticiero6728
      @davidnoticiero6728 Месяц назад

      @@NikkiSabet-uc4qu The situation you are describing is very much the worst way to extract equity from a property.

  • @benvigilrepro
    @benvigilrepro 5 месяцев назад

    I've done something similar with a carefully crafted lease option or lease purchase contract. I guess all strategies have pros and cons.

    • @HypocritesRoundTable
      @HypocritesRoundTable 2 месяца назад

      But you don’t get the depreciation or tax benefits right?

  • @PZGwal
    @PZGwal Год назад +1

    GOLD. Thank you Pace!

  • @NickatYouTubeSucksJK
    @NickatYouTubeSucksJK 3 года назад +4

    I wish I could give this video six thumbs up

    • @PaceMorby
      @PaceMorby  3 года назад

      Thank you bro! Glad you're gaining value from my contents!

  • @in-God-we-trust
    @in-God-we-trust Год назад +3

    Who is the insurance company that insures the subject to mortgage if loan is called due?
    Thank you so much Morby

    • @brewdog8568
      @brewdog8568 Год назад

      His shell company

    • @raymondhooks855
      @raymondhooks855 Год назад

      Please name the specific company @in-god-we-trust @@brewdog8568

    • @raymondhooks855
      @raymondhooks855 Год назад

      Please name the specific company that insures due on sale

  • @SkylineR34EvoX
    @SkylineR34EvoX Год назад +1

    Why don’t you write the agreement for sale from the start each time?

    • @donaldclifford5763
      @donaldclifford5763 8 месяцев назад

      It's easier to actually hold the deed, and is only used one in about 500 times.

  • @slagace4392
    @slagace4392 3 года назад +6

    So what happens if you want to eventually sell the house but you don't have the deed? Would that bring up other issues in regards to future sales? Also what are the tax ramifications on these types of buys? If the interest statements are going to the person that is named on the actual mortgage are you not able to deduct the interest?

    • @PaceMorby
      @PaceMorby  3 года назад

      That's a bit too in-depth to be answered here in the comment section. Reach out to my students and other investors inside my free Facebook group, everyone would be more than happy to help you out and network with you!
      shor.by/8vxk

    • @reyessuarez4978
      @reyessuarez4978 2 года назад

      Cris from Chicago I’m in Chicago so excited to start doing deals with this amazing strategies!!

    • @alexkhalil2363
      @alexkhalil2363 Год назад

      No because you can simply assign your AFS OR you can close on your AFS thereby paying out the lender. You have the legal right to sell

    • @6BlackWings
      @6BlackWings Год назад

      Contract for deed is usually assignable to another buyer.

    • @jennyclark5689
      @jennyclark5689 Год назад

      @@alexkhalil2363 Could you explain what AFC means? Thank you

  • @mikemazzuccorealtor
    @mikemazzuccorealtor Год назад +5

    Why not do an agreement for sale off the bat?

    • @mosesneri5060
      @mosesneri5060 Год назад

      Is anyone gonna answer ?

    • @huestifer
      @huestifer Год назад

      ​@@mosesneri5060 I have the same question.
      My guess is that it is a cleaner title if it is actually in the new person's name. Because if the old owner had a debt collector (IRS etc.) come after their assets they would take an interest in this house that was still in their name.
      Then you would have to prove that even though it was in their name they really don't have any interest in it anymore.

    • @TyJenkins2012
      @TyJenkins2012 Год назад

      Simplest answer is to have the deed recorded so you can claim tax depreciation.😇

  • @edgonzalez186
    @edgonzalez186 2 года назад +1

    Assurances regarding these: To the seller if the buyer dies while the mortgage is still in effect. / To the heirs, if the seller dies while the mortgage still in effect...what happens with the lien. / To the mortgage if the seller declares a bankruptcy int he future.

  • @andyscorner101
    @andyscorner101 Год назад +1

    It appears to be an excellent strategy. My only question would be, what if, the deeded owner now wishes to use that deed as collateral for something else he wants, ( car, boat, villa in Capri, whatever) would your agreement for sale be worded so it takes 1st priority lien position in order to negate any shenanigans by the deeded owner? What if the owner ends up with a Federal Lien against the property? Maybe he doesn't pay his income taxes or incurs othere debts which the IRS now places a lien on the property for? I believe you would be responsible, would you not, since the property is assigned the lien and you have that agreement for sale? It may seem somewhat outlandish but scenarios like this do happen when the IRS becomes involved. Your answer would be appreciated. Thank you and a really good video also.

    • @PaceMorby
      @PaceMorby  Год назад

      Hey Andy! You have very technical questions and my responses to this is too lenghty for a RUclips comment. Post this on the free Facebook group and I'll try to answer it. If not, my students can chime in! paceapproves.com/communityytc

  • @gixxerhoff7502
    @gixxerhoff7502 Год назад +2

    This could get really ugly.

  • @tonycrosby913
    @tonycrosby913 2 года назад +2

    This is very valuable information.

    • @PaceMorby
      @PaceMorby  2 года назад

      Tony. Glad you gained value from this, bro!

  • @juzefzoozoo
    @juzefzoozoo 5 месяцев назад

    Due on sale insurance, do they charge 1% of the mortgage or the purchase price which may be more than the loan?

  • @B3GR8T
    @B3GR8T 11 месяцев назад +2

    Knowing that banks may come after you with the “due on sale clause”, why not just start off with the “agreement for sale” from the actual owner that way you can avoid the bank entirely

    • @NikkiSabet-uc4qu
      @NikkiSabet-uc4qu Месяц назад

      My question too! Anyone got an answer?

    • @TheStrangerbyAlbertCamus
      @TheStrangerbyAlbertCamus Месяц назад

      Because agreement for sale doesn’t make you the new owner of the property , it says you will be owner in the Future.!!!! Pace’s objective is to acquire the property and use it the way he wants

    • @TheStrangerbyAlbertCamus
      @TheStrangerbyAlbertCamus Месяц назад

      @@NikkiSabet-uc4qu Because agreement for sale doesn’t make you the new owner of the property , it says you will be owner in the Future.!!!! Pace’s objective is to acquire the property and use it the way he wants

  • @paulgomez3318
    @paulgomez3318 Год назад

    Everything just seems harder in Texas. Not as easy to escape some of these highly technical obstacles.

  • @jayh732
    @jayh732 2 года назад

    Wow thanks PACE!

  • @zeekflash6924
    @zeekflash6924 Год назад +2

    If the deed is not in your name , do u still get the tax benefits.. and interest etc

  • @eugizzzle
    @eugizzzle Год назад

    Great content. Appreciate the knowledge.

  • @uniquelypositive
    @uniquelypositive 3 года назад +1

    What are the disadvantages of the contract for deed? Obviously it's not ideal or you would do that every time instead of Subject To so you'd never get into the same situation

    • @davehall3351
      @davehall3351 3 года назад +4

      I have done only a couple, so by no means an expert, but since you don’t have the deed you won’t be writing off depreciation (check with your CPA) and if there are issues on the property it could go back to the title holder. I learned the second one when selling on a land contract and I ended up in court over the buyer not mowing and violating city code for upkeep.

    • @PaceMorby
      @PaceMorby  3 года назад

      I love this! People helping each other out in the comment section. You guys should join my free Facebook group and share your insights with thousands of investors and students. They would also be more than happy to network and squad up with you.
      shor.by/8vxk

  • @knuckles745
    @knuckles745 9 месяцев назад

    When Dave transfers the deed to you, with what I assume would be a quitclaim, is it a violation of the terms of his mortgage to not notify the lender?

    • @donaldclifford5763
      @donaldclifford5763 8 месяцев назад

      Not a quit claim. A warranty deed. No notification is ever required. But the due on sale clause is always on there.

  • @kevinhoward5520
    @kevinhoward5520 Год назад

    Pace giving away so much free game OMG lol

  • @imchristopherjamal
    @imchristopherjamal 2 года назад +1

    Holy fuckin mole. This is GOLD

  • @bobhopkins433
    @bobhopkins433 10 месяцев назад

    Pace at that point all understandable, but what happens down the road 10 - 20 years when paid off??

    • @donaldclifford5763
      @donaldclifford5763 8 месяцев назад

      The seller releases the hold on the deed. Same if it sells sooner.

  • @johanblume2621
    @johanblume2621 Год назад

    I wish they would bring back assumable loans like they had in the 70’s and 80’s.

    • @CrashBr0
      @CrashBr0 Год назад

      If they keep raising rates, it's just a matter of time. Everything is cyclical.

    • @HeyAndrewKing
      @HeyAndrewKing 8 месяцев назад

      There’s still a lot of
      Assumable loans out there

    • @donaldclifford5763
      @donaldclifford5763 8 месяцев назад

      Subject to is assumable in most cases. Like pace says, one in 500 gets called by a bank. And even then it's an easy fix.

  • @robertbabezki7313
    @robertbabezki7313 10 месяцев назад

    Do you lose yo tax benefit if you deed the property back to the homeowner or do you just have in the agreement that they can’t file on the property so you can??

  • @GenerationalWealthBuilderNOLA
    @GenerationalWealthBuilderNOLA Год назад

    🙋‍♂️Any recommendations for due on sale insurance ??!!

  • @magic1keys
    @magic1keys 6 месяцев назад

    If I’m wholesaling a Subto deal, can the the backed up mortgage be negotiated to a lower amount just to be able to meet my wholesale assignment fee?

  • @mitchhancock
    @mitchhancock 10 месяцев назад

    Where can you find due on sale clause insurance?

  • @AubreyArmstrong-jz8wk
    @AubreyArmstrong-jz8wk Год назад

    Pace what company is dos insurance for when I’m doing deals

  • @theliamkeane
    @theliamkeane 3 года назад +1

    VALUE!

  • @bterwin9887
    @bterwin9887 Год назад +1

    Amazing

  • @4116mari
    @4116mari 2 года назад

    Hi Pace thank you for going over this type of risk But does the bank provide us this contract?

    • @PaceMorby
      @PaceMorby  2 года назад +1

      No, the bank won't provide you that. Check out this episode of Sunday Service for some more in depth coverage. ruclips.net/video/P7opL3Cfu6U/видео.html

  • @isaacepstein8971
    @isaacepstein8971 Год назад

    super good advice. i haven't seen this type of strategy online before.
    in another video when you told this story, you said you did a lease option, not a land contract. is this the same deal and which option is better?

    • @PaceMorby
      @PaceMorby  Год назад +1

      Hey Isaac! It was the same deal. It really depends but I've used the agreement for sale option more when the due on sale was called on me. By the way, here's the full podcast episode. ruclips.net/video/aOFhqvAEU5M/видео.html

    • @isaacepstein8971
      @isaacepstein8971 Год назад

      @@PaceMorby i see. thanks for the response. i'll watch the whole video. ive been watching a lot of your long form content. much better than the 5-10min videos out there. i like the sunday service podcast too. i love what you're doing. hopefully we can work together someday. i invest in SW Florida, but until now, only cash.

  • @leanderhoward6900
    @leanderhoward6900 11 месяцев назад

    What happens if someone inherits a home with a mortgage from someone who is now deceased?

    • @PaceMorby
      @PaceMorby  11 месяцев назад

      It depends on if it has to go through probate, that prolongs the process, but it's still possible to do a SubTo deal!

  • @Smelyansky
    @Smelyansky 2 года назад

    What does he mean “catch up the payments” how long does that take? is it a big down payment?

    • @abc-pn2eb
      @abc-pn2eb 2 года назад +1

      For example if the seller is behind 6k on their mortgage, you would pay that 6k as part of the down payment to catch them up. From there, you make the monthly payments

  • @user-ic6kq4vt9t
    @user-ic6kq4vt9t 23 дня назад

    Sounds like the only plan is to withhold the facts from the lender. I would NOT do such a thing. If you cannot be truthful and transparent with all of the parties, including the original lender, it sounds like F*R*A*U*D to me! Doing something in a manner to NOT be caught does not seem like a legit strategy to me.

  • @jeremyk6758
    @jeremyk6758 2 года назад

    What are the names of these company's that do the DOS insurance??

    • @PaceMorby
      @PaceMorby  2 года назад

      Good question, Jeremy! Drop this question in the Facebook group. shor.by/Si74

    • @thrifttherunway
      @thrifttherunway Год назад +1

      "There is no insurance company that offers this type of product. There was a guy on a podcast that referred to insurance, but the website actually called it assurance. It is more like a deed warranty."

  • @deetiligo7761
    @deetiligo7761 2 года назад

    Did it cost you any money to do the agreement for sale.

    • @PaceMorby
      @PaceMorby  2 года назад +1

      Dee. I did an entire episode on Sunday Service, my podcast, on agreements for sale. Let me know if it covers all your questions. ruclips.net/video/P7opL3Cfu6U/видео.html

  • @kristinmullen9311
    @kristinmullen9311 Год назад

    Lawyers in NC avoid these like the plague it seems

    • @donaldclifford5763
      @donaldclifford5763 8 месяцев назад

      Other states too. Need a real estate investment specialist.

  • @tictoc5443
    @tictoc5443 Год назад

    Can the seller still get finance if the loan is still in their name?

    • @donaldclifford5763
      @donaldclifford5763 8 месяцев назад

      Sometimes if that's an issue you can create an off-setting mortgage called a wrap around mortgage.

  • @june06911
    @june06911 2 года назад +1

    What company do you use for a "due clause on sale insurance"?

    • @PaceMorby
      @PaceMorby  2 года назад +1

      Great question, Benjamin. Drop this on the free Facebook group where you can find my students who use companies like this. shor.by/Si74 Join now and make a post!

  • @p2pfilmcomp
    @p2pfilmcomp 2 года назад

    You get the house, you just dont get the depreciation, correct?

  • @tr3ylv1
    @tr3ylv1 2 года назад

    Beast..🤦🏿

  • @6BlackWings
    @6BlackWings Год назад

    Pretty sure "contract for deed" is just the legal definition of "rent to own" or "lease with purchase option".

    • @wallerlandventures
      @wallerlandventures Год назад

      Contract for deed is how the veterans administration conveys all of their properties to vets after the loan is approved.

    • @donaldclifford5763
      @donaldclifford5763 8 месяцев назад

      The difference is the seller executes a warrantee deed to the buyer, but holds it for safe keeping instead of filing at the county records.

  • @chefwltr
    @chefwltr 2 года назад

    🐐

  • @UltimateBargains
    @UltimateBargains 2 года назад +2

    If the lender threatens to call the loan, then I suggest threatening to stop payments.
    "Mr. Lender, I am unable to pay off this loan at this time. If you initiate a foreclosure action, then I will immediately stop payments." *Or* "Mr. Lender, the previous owner couldn't afford the upkeep of the property or make the payments anymore. So, I stepped-in to help. I'm fixing up the property and making the payments for them. If you call the loan due, then I'll immediately stop all repairs and stop all payments. Then you must go through the long foreclosure process to take back a vacant property when you could have allowed this performing loan to continue without interruption. Shall I stop the repairs and the payments, while you start the foreclosure, or will you allow me to continue the payments?"

    • @gixxerhoff7502
      @gixxerhoff7502 Год назад +3

      If there is equity they stand to profit a lot . The more I dig into this, the more ways I see this going bad.

    • @TheCommercialFam
      @TheCommercialFam Год назад

      ​@@gixxerhoff7502same

    • @brandisanders5412
      @brandisanders5412 Год назад

      @@gixxerhoff7502what have you found?

  • @FLOODOFSINS
    @FLOODOFSINS Год назад

    All this guy is doing is proving how underhanded, sneaky, and unethical he is. He's just trying to get away with as much shit as he can before he's caught with his pants down and then trying to apologize later. He's the worst kind of human being.

    • @seanm3226
      @seanm3226 Год назад

      Explain. I’m curious. Thanks.

    • @donaldclifford5763
      @donaldclifford5763 8 месяцев назад

      Nothing in this video even remotely suggests that. The bank always gets paid. And there is no willful effort to conceal anything.