Dallas-Fort Worth Real Estate Investor Club

Flipping Shortsales

  • 19 Nov 2012 1:49 PM
    Message # 1140951
    Hello Everyone,
      I just joined DFWREI and am looking forward to working with all of you. I'm not a complete newbie to the industry, but may as well be. There's a lot I still need to learn.
      I want to make sure I understand correctly how something works...
      I find a house on the brink of foreclosure, and meet with the owners to gain their cooperation and have them sign a form giving their lender permission to work with me. Then I contact the lender and convince them to halt foreclosure proceedings and work with me to resolve the matter with a more equitable arrangement for all. I then have the owners sign an option to buy contract with me, making it so no one can buy the property for a specified period of time unless I allow it. I then begin the short sale process with the lender. I'll leave the several steps and possible lender issues out of my question. For simplicity, let's just say the house will appraise for 100k and the lender will accept 70k. Now,,, while I'm working with the lender to come to this 70k number, I also find an end buyer for the house. Let's say I found one willing to buy it for 80k. After all is approved with the lender, we go to the title company to close. I bring $70,000 dollars with me, buy the house, and it's mine to do with as I please. Provided there are no title seasoning issues, I can then, that same day, bring my end buyer in to the same title company and close a sell to them for $80,000. Leaving me with 10k minus fees/thank yous/etc.
      I get that it is more complicated than that sounds, but is my basic understanding correct?
    Last modified: 19 Nov 2012 1:50 PM | Dwayne Modisette
  • 20 Nov 2012 9:42 AM
    Reply # 1141512 on 1140951
    Robin Carriger (Administrator)

    You're going to have to provide a lot more to the lender than you referenced.  The most prominent thing that comes to mind is the contract.  The lender will want to see (and approve) your purchase/sale contract with their borrower (the seller).  As I said there's lots more.  The good news is that the lender will tell you what they require.  It's often referred to as a "short sale package."  That's the list of items they require before they'll approve a short sale.

    FYI, my wife and I taught a Successful Short Sales class for years.  I turned it into a home study course, and it's available for order in our REI Store.  It's 6+ hours of teaching on DVD with a Forms CD and the accompanying manual.  A Real Estate Broker with decades of experience doing Brokers Price Opinions (BPO) was one of the guest speakers along with a Loss Mitigation Dept Team Lead at one of the largest lenders in the nation.

    If  you have any questions, please feel free to give me a call at 817-300-1132.

    Welcome to the DFW REI Club!

    Robin

  • 26 Nov 2012 11:30 PM
    Reply # 1146612 on 1140951
    Deleted user

    Robin,  Isn't there a waiting period to sell a property after you've purchased it? 

    Can you explain "Flipping" and holding a property to legally sell it after so many days.

    Thanks!

    Barb F.

     

     

  • 27 Nov 2012 12:04 AM
    Reply # 1146633 on 1140951
    Robin Carriger (Administrator)
    The only "requirement" that comes to mind is one that is often imposed by lenders who may require a seller to have owned a property for a period of time before they approve a loan to a prospective buyer.  This is a holdover of an FHA seasoning requirement of 90 days.  FHA no longer has that requirement, but most conventional lenders continue to impose it.  If the buyer is using a hard money loan or cash, then seasoning is obviously not an issue.  It's very important for any one selling a house, including those who plan to double-close short sales, to confirm how prospective buyers plan to fund their purchase.  Otherwise, deals can go bad at the last minute.
  • 27 Nov 2012 8:49 AM
    Reply # 1146870 on 1140951
    Deleted user
    Barbara,

    Just to overstate what Robin mentioned, if you are BUYING a property and using a funding source with no seasoning requirements (e.g. cash), there is usually not a proscribed holding period imposed on the buyer. 

    However, this is NOT ALWAYS the case when using borrowed funds. Many banks are starting to impose "anti-fliping" clauses / requirements designed to prevent investors from flipping short sales. These clauses typically state that if a property is purchased for less then FMV (meaning it was bought using something like a short sale), the purchaser (in this case the investor [you]) agrees not to transfer title to anyone else (agrees not to sell the property) within X period of time (usually 6-12 months). While I have not seen it personally, I chatted with an investor in California who told me some banks are even prohibiting "the transfer of beneficial interest in, use of, or profit from" short sale properties. This would mean an investor cannot purchase a property using some sneaky vehicle like an LLC and then try and sell the LLC's stock to short circuit the bank's anti-flipping / title transfer prohibitions.

    Additionally, when the investor [you] is selling, it's critically important you verify, BEFORE accepting an offer, 1) who is purchasing your property and 2) what kind of financing they are using / what requirements their lender may impose on the borrower. 

    Some lenders have reached a point where they will not allow a borrower [in this case the investor's buyer] to purchase a property until that property has been held buy the seller for a specified peril of time (usually 3-9 months).

    Hope this helps.

    -Greg

    Greg Wilson
    The Real Estate Investment Mentor
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