KNOW THE RISKS! "Subject to" and "Wrap" Financing Explained
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- Опубликовано: 12 сен 2024
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If you're considering subject to financing or wrap financing, be sure to watch this video first to learn all the risks involved. After watching this video, you'll be able to make an informed decision about whether or not subject to or wrap financing is right for you!
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Kelly Zitlow is a Public Speaker, Sr. Mortgage Advisor & EVP of Sales & Marketing with Cornerstone Home Lending, a Division of Cornerstone Capital Bank, SSB. All information presented is for educational purposes only and is used to help you as the viewer in your home buying or selling process.
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Seems you're just presenting the risks...but not the solutions to these risks. I guess if folks do this, then there's no NEED for a lender. Oh, you ARE a lender. (I get it now.)
Exactly! They don’t want competition
Ur a real estate lawyer that benefit from one off situations. The other is a mortgage lender....just want to issue mortgages. So naturally they will poopoo subject to that takes away business from them.
FUD fear uncertainty doubt
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These are all great topics to shed light on, even the smallest risks need to be brought to the forefront so that the serious investors can continue to innovate and work out the kinks regarding these transactions.
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Surely this needs to structured such that a performance deed is signed by both parties and retained by the seller's atty, to be used in the event that the buyer is in default, so the seller gets their property back automatically. Obviously the buyer forfeits any upfront monies or equity they may have in the property....... Patrick?
Response from Patrick: I know that a lot of people use performance deeds or pre-executed deeds in lieu of foreclosure. But, these ultimately eliminate certain rights/remedies available to a borrower (like notice rights and the right to reinstate or the right to redeem a loan). So, they may be unenforceable if a borrower sought to challenge their use.
How many of these transactions have you done? After Lender calls a mortgage due and payable because we're doing so close all you have to do is give the property back to the seller put the property back in his name and then I have a lease with option to buy that solves the problem
The concern with turning things into a lease option is that the “owner” (i.e., the buyer in the subject to transaction) of the property is no longer the owner. They are now a tenant and they no longer have a deed to the property. Owners and tenants have different rights under the laws of most states. Not something we really recommend.
By using a Mortgage Service to pay and monitor monthly payments, the lender won't be able to call the Due on Sale, especially if the buyer has the property under an Land Trust. By using a mortgage servicer, with in 12 months buyer can wipe out the DTI, and seller will be able to obtain a loan, because a 3rd party service provider is in hand.
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Lender can always call a note due, I’m pro subto and trust me.. the lender can always call it
There are plenty of ways to protect the seller. You don't need to wrap to purchase subject to, and it sounds like you're talking about selling Subject-To to a homestead buyer. NEVER DO THIS. Really these kind of transactions should only be done by professionals, those that have the liquidity to pay of the mortgage in case the the note is called due. You don't need to go to court, you can put a separate deed in escrow if the payment is not made.
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I do 2-3 per month, and there are plenty of companies that do subject-to. Mostly VA loans. I'm sorry but this isn't a balanced conversation.
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I find it interesting that he said the sellers can’t get their property back if the buyer fails to make the payments… I had an attorney tell my friend who is a realtor that if there is 1 late payment or missed payment the deed goes back to the seller ..
The seller may be able to get it back but will likely have to follow the state’s foreclosure laws. The answer will vary depending on how the transaction is structured and if there is a deed recorded transferring ownership
yes you can get the property back if you get a "performance deed" at closing. Our a deed in lieu of foreclosure up front. So the seller won't need to do a foreclosure because in the contract agreement, you will have it in writing that you get to get the property back if the buyer fails to make a payment.
depending on the subject to contract the seller can get the property back in one call
I don’t like what he started saying at five minutes in that once you transfer your deed, “it’s over”. Although everything he started talking about after that was gold! Never thought about what would happen if they filed for bankruptcy. Good in-depth questions and knowledge. I had to watch it like three times over just to get all those nuggets of information.! 😄
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Thank you for this information! I was presented a deal and this was very useful and will help me make a decision.
That's great to hear that this was helpful! Thank you for watching and leaving a comment!
Lots of scary comments and especially from the host who doesn’t clearly understand this strategy.
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This is a really good video . Subscribed !
Thank you! We do have another channel that we post weekly to as well if you want to check that out! ruclips.net/user/mortgagehowdoi
Good video. Sub 2 deals are becoming increasingly popular due to social media influencers. But in some states these deals are heavily scrutinized or regulated. Doing one of these deals improperly can result in heavy civil or criminal penalties. Never see the influencers talk about that aspect.
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Great information !
Thanks Robert! Happy that you got value out of it. I always learn something from Patrick! 😀
Very helpful! Thank you.
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Loved this video. Right to the matter❤
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This video focuses on the worst case scenario.
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lol we are solving problems that's what you guys are leaving out, investors that know how to navigate these waters should be the only ones doing these types of transactions. a "regular buyer" isn't typically buying a property this way. and the seller can get the property back with a performance deed and even if you did a wrap around mortgage you still give them recourse. thats not to say all investors do this, some don't have integrity, the only thing you guys are harping is the negative. thumbs down on this video for me.
I'm sorry you feel that way but thank you for watching and taking time to leave a comment.
Hey Jordan, is there anyway I could contact you? You seem knowledgeable and I would really appreciate it!