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Legal quagmire?

tcarlson

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I have a potential deal where the seller is willing to do whatever it takes to save some of the equity in his house from bankruptcy. His business is a few weeks away from going bankrupt and he personally guaranteed the loans. Is there a legal way to buy his house with owner financing and protect his asset? Specifically, if I take over payments with an Agreement for Sale, can the house still be taken in a Bankruptcy? How am I protected then?

Thanks
Torie
 

neill

Airdrie, AB
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Hi Torie - a quick reply - see your lawyer and get your seller to see his - whether you do this before or after you have the house under contract will be determined by the time constraints and perceived competition.

If you can act with him before he files, you will probably be both in a better place, my .02

Here is what we have found (more or less, again, see your lawyer):
We are dealing with a vendor that is already BK, and we were advised that they will be allowed to retain a maximum of 40k equity out of a personal residence in a bankruptcy situation. An arms length transaction (ie. you and the vendor are not related) is required with sale of asset....

Best of luck!
 

neill

Airdrie, AB
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Also recommend getting the title out of the vendors name as quickly as possible.....

Bigger idea: Call Barry McGuire!
 

tcarlson

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QUOTE (neill @ Nov 8 2009, 09:56 PM) Also recommend getting the title out of the vendors name as quickly as possible.....

Bigger idea: Call Barry McGuire!


Thanks neill
 

dleischner

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Good morning,

What about:

1. Get the seller bring his arrears to current (if possible). If not, your risk with the project will be this amount.
2. Construct a short term "agreement for sale" (the shorter the better).
3. Either exit the vendor by selling the property outright or bring in a JV partner to go on tile with down payment (by starting with the `AFS` this will give you some time to find a JV partner who was to make some ridiculous amount of cash).

With an agreement for sale, the vendor will remain listed on title. One thing I`m unsure of is "Is your equity protected by the `AFS` clause if creditors come knocking on the vendors door"? I talked to Barry about this (and my lawyer) and the general consensus was "probably" but they couldn`t say for sure.

So I think it comes back to risk. You may end up loosing the money you have into the deal (bringing the payments current) if you have to do that vs. the vendor making those payments. Plus you could loose your time and energy, but chock that up to a GREAT learning experience.

My thoughts.....

Dean
 

tcarlson

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QUOTE (dleischner @ Nov 9 2009, 09:39 AM) Good morning,

What about:

1. Get the seller bring his arrears to current (if possible). If not, your risk with the project will be this amount.
2. Construct a short term "agreement for sale" (the shorter the better).
3. Either exit the vendor by selling the property outright or bring in a JV partner to go on tile with down payment (by starting with the `AFS` this will give you some time to find a JV partner who was to make some ridiculous amount of cash).

With an agreement for sale, the vendor will remain listed on title. One thing I`m unsure of is "Is your equity protected by the `AFS` clause if creditors come knocking on the vendors door"? I talked to Barry about this (and my lawyer) and the general consensus was "probably" but they couldn`t say for sure.

So I think it comes back to risk. You may end up loosing the money you have into the deal (bringing the payments current) if you have to do that vs. the vendor making those payments. Plus you could loose your time and energy, but chock that up to a GREAT learning experience.

My thoughts.....

Dean

Thanks for your well presented thoughts. I appreciate them.
 

tonypeters

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348
Torie, the short answer to your question is NO! An AFS will NOT protect your interest at all! However, there IS a way to make this deal happen. You CAN help this individual and you CAN benefit in the process!

I will e-mail you and let you know what options you have.

QUOTE (tcarlson @ Nov 8 2009, 06:01 PM) I have a potential deal where the seller is willing to do whatever it takes to save some of the equity in his house from bankruptcy. His business is a few weeks away from going bankrupt and he personally guaranteed the loans. Is there a legal way to buy his house with owner financing and protect his asset? Specifically, if I take over payments with an Agreement for Sale, can the house still be taken in a Bankruptcy? How am I protected then?

Thanks
Torie
 

Jeffrey2144

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QUOTE (tcarlson @ Nov 8 2009, 08:01 PM) ...Is there a legal way to buy his house with owner financing and protect his asset? Specifically, if I take over payments with an Agreement for Sale, can the house still be taken in a Bankruptcy? How am I protected then?QUOTE (tonypeters @ Nov 9 2009, 06:02 PM) Torie, the short answer to your question is NO! An AFS will NOT protect your interest at all! However, there IS a way to make this deal happen. You CAN help this individual and you CAN benefit in the process!

I will e-mail you and let you know what options you have.

Hi Tony,

I`d love to hear what options you had to share with Torie regarding this deal.

Most of us are trying to learn from others experiences and would surely find this information invaluable. Thanks again for your contributions to this forum!
 

VicChung

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QUOTE (jvarcoe @ Nov 10 2009, 09:14 PM) Hi Tony,

I`d love to hear what options you had to share with Torie regarding this deal.

Most of us are trying to learn from others experiences and would surely find this information invaluable. Thanks again for your contributions to this forum!

Hi Tony,

I would also love to hear what the options are? This is an interesting post.

Vic
 

tonypeters

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I would be more than happy to that, but I will first need seek the approval of Torie before doing so. Please stay tuned!

QUOTE (jvarcoe @ Nov 10 2009, 09:14 PM) Hi Tony,

I`d love to hear what options you had to share with Torie regarding this deal.

Most of us are trying to learn from others experiences and would surely find this information invaluable. Thanks again for your contributions to this forum!
 

BarryMcGuire

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I would like to jump right in here and make lots of legal comment. BUT, this scenario involves both potential foreclosure and bankruptcy, two areas of the law that I do not practice in. This complicates anything you do by at least a factor of two. Having said that I believe that in any bankruptcy, the seller and the seller`s wife if he is married both have a personal exemption of $40,000 for a total of $80,000. So, if purchase price is less than the sum of the underlying mortgage plus $40,000 or $80,000 as the case may be, there may be a chance to do something. Whether the seller gets all of the cash portion now which he probably wants or whether he get some of that cash now and the rest on payout, as long as that cash amount falls within the exemption then his end of it should be protected. If his end of it is protected, then I believe you interest is as well. If the bankruptcy can`t get at his money then your money isn`t at risk. I`m going to stop here and look forward to hearing Tony`s comments on a different way to structure this.

Cheers

Barry
 

tonypeters

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Great feedback Barry! Thanks for jumping in on this thread.
I have been working with Torie very closely over the past few days, and as a result of the education he has received, I do believe that he now has a really good handle on the situation. The really neat thing about this particular deal, he has a wonderful opportunity to "help" someone that is in a rather awkward financial situation, and make some CASH for himself in the process.

As Ron LeGrand says...You should consider yourself as a "Transaction Engineer". Those words could not be any CLOSER to the truth!

This deal has the potential (if transacted on) to create a WIN, WIN for ALL stakeholders!

This particular "creative" real estate deal would be a GREAT education for all of those that are thinking of, or those that are already travelling down the "Quick Turn"
, or as I like to call it the "Creative Real Estate Investing"
path.

With this in mind, I will let Torie (if he is so inclined) provide all forum members with some feedback regarding his personal experience, and the learning curve that he has just gone through.

I think this exercise would be truly beneficial to all!

What do you think Torie?


QUOTE (BarryMcGuire @ Nov 12 2009, 09:05 AM) I would like to jump right in here and make lots of legal comment. BUT, this scenario involves both potential foreclosure and bankruptcy, two areas of the law that I do not practice in. This complicates anything you do by at least a factor of two. Having said that I believe that in any bankruptcy, the seller and the seller`s wife if he is married both have a personal exemption of $40,000 for a total of $80,000. So, if purchase price is less than the sum of the underlying mortgage plus $40,000 or $80,000 as the case may be, there may be a chance to do something. Whether the seller gets all of the cash portion now which he probably wants or whether he get some of that cash now and the rest on payout, as long as that cash amount falls within the exemption then his end of it should be protected. If his end of it is protected, then I believe you interest is as well. If the bankruptcy can`t get at his money then your money isn`t at risk. I`m going to stop here and look forward to hearing Tony`s comments on a different way to structure this.

Cheers

Barry
 

tcarlson

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QUOTE (tonypeters @ Nov 12 2009, 09:52 AM)
Great feedback Barry! Thanks for jumping in on this thread.



I have been working with Torie very closely over the past few days, and as a result of the education he has received, I do believe that he now has a really good handle on the situation. The really neat thing about this particular deal, he has a wonderful opportunity to "help" someone that is in a rather awkward financial situation, and make some CASH for himself in the process.



As Ron LeGrand says...You should consider yourself as a "Transaction Engineer". Those words could not be any CLOSER to the truth!



This deal has the potential (if transacted on) to create a WIN, WIN for ALL stakeholders!



This particular "creative" real estate deal would be a GREAT education for all of those that are thinking of, or those that are already travelling down the "Quick Turn"
, or as I like to call it the "Creative Real Estate Investing"
path.



With this in mind, I will let Torie (if he is so inclined) provide all forum members with some feedback regarding his personal experience, and the learning curve that he has just gone through.



I think this exercise would be truly beneficial to all!



What do you think Torie?


Absolutely! Wow what a week! I will outline the whole deal and explain the process that I have gone through to get to this point. I have been a REIN member for two and a half years and have two revenue townhouses bought since joining REIN.



I must first express my deep appreciation to Mr. Tony Peters who honestly has been incredible in terms of answering my questions, educating me, and giving me things to think about that I have never thought about before, in term of real estate. I know that I would not be at this point without his guidance.



On November 5th I received an email from my friend and fellow REIN member. We attended the Ron LeGrand event together and have been encouraging each other on in this venture (I obviously owe him alot in this too). I contacted the vendor who explained his situation to me. He is a business owner who had to close his business this Fall due to the downturn. He is still expected to make payments on his machinery and has not been able to do so. He is two months behind on his house payments.



He was asking $385K but would take $340K on a quick sale. He figured that the ARV was $500K to $525K, as is at $450K. I told the vendor that I was interested and would go to work to do my research and find the cash to close this deal quickly. This is about the point that I made this post and this one http://myreinspace.com/search/rein_members_only/Canadian_Quick_Turn_Real_Estate/108-13984-70775-Need_Perspective_on_a_deal_please.html#70775. I also took a gamble and emailed Tony and Barry McGuire not expecting to get a reply.



Tony graciously connected with me and gave me his thoughts and asked me some good questions in order to get me to think a bit differently. Tony pointed out that TIME is the motivator here and so I needed to act quickly. He helped me develop a plan of attack thinking of my entry and exit strategies instead of just jumping in like I was doing.



I contacted my realtor about the deal and asked for comps and for him to pull the title. He told me he was familiar with the property. He thought that he had a buyer who would pay $425 if I spent $20K for carpet, paint, and cleaning...and they could sell their house. Hmmm I thought to myself....distracted by more money. Yet, as Tony reminded me, I don't have the time to get a mortgage in order to upgrade and hold to sell. I need cash quickly.



The title showed two liens. Tony then suggested I work backwards with the following formula. First, what is the Market Value of the property. Second, subtract $50,000 from that number in order to account for the time of year, the fact that it is an acreage, and this becomes my quick sell price. Third, figure out what realtor and closing fees would be and subtract that (~$20K). Fourth, decide how much profit I want and what would be attractive to an investor ($50K). Then go to the vendor and give him that number. I called the vendor, told him I was not intending to steal his home. I also assured him of my intentions and was open and honest about my calculations and indicated to him that the most I could pay would be $300,000. My thoughts at this point were...really...as if he is going to go for that.



He did but then in all sincerity asked if there was any way I could try for $307,000 as he had two liens against the property that would take an extra $7000 to discharge. At this point I decided that I would give him $310,000 and we would both be happy with the deal. I then set to work on the exit plan.



There are three exits that I now see. One is to find an investor or investors who can bring $310,000 to the table this week in order to close immediately. I would then list the property at the reduced price and work for a quick sale and hope to split the $40K to $50K with the investor. I called my JV connections and posted a classified here: http://myreinspace.com/search/classified_ads/Joint_Ventures/74-14062-71218-Seeking_310K_for_all_Cash_Quick_Turn_Deal.html#71218 A second option was to assign my rights to someone interested in adding it to their portfolio or who sees the quick turn potential. I posted that here: http://myreinspace.com/search/classified_ads/Joint_Ventures/74-14067-71225-All_you_need_is_Money_-_Ready_made_deal_with_up_to_150000_equity.html#71225 A third strategy was to call my realtor, offer him double his commission if he could sell the property this week and bring the buyer to the close.



So...now I am in the process of seeking out the quick cash to seal the deal and make this a win-win-win situation. Any ideas out there on where else I can look?
 

tonypeters

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Torie, thanks for sharing your experience to this point. By doing so, you will help other forum members understand the AWESOME POWER of "Creative Real Estate Investing". I hope you are able to secure an investor and close on this deal quickly, and I look forward to celebrating in your SUCCESS!






QUOTE (tcarlson @ Nov 13 2009, 09:02 PM)
Absolutely! Wow what a week! I will outline the whole deal and explain the process that I have gone through to get to this point. I have been a REIN member for two and a half years and have two revenue townhouses bought since joining REIN.



I must first express my deep appreciation to Mr. Tony Peters who honestly has been incredible in terms of answering my questions, educating me, and giving me things to think about that I have never thought about before, in term of real estate. I know that I would not be at this point without his guidance.



On November 5th I received an email from my friend and fellow REIN member. We attended the Ron LeGrand event together and have been encouraging each other on in this venture (I obviously owe him alot in this too). I contacted the vendor who explained his situation to me. He is a business owner who had to close his business this Fall due to the downturn. He is still expected to make payments on his machinery and has not been able to do so. He is two months behind on his house payments.



He was asking $385K but would take $340K on a quick sale. He figured that the ARV was $500K to $525K, as is at $450K. I told the vendor that I was interested and would go to work to do my research and find the cash to close this deal quickly. This is about the point that I made this post and this one http://myreinspace.com/search/rein_members_only/Canadian_Quick_Turn_Real_Estate/108-13984-70775-Need_Perspective_on_a_deal_please.html#70775. I also took a gamble and emailed Tony and Barry McGuire not expecting to get a reply.



Tony graciously connected with me and gave me his thoughts and asked me some good questions in order to get me to think a bit differently. Tony pointed out that TIME is the motivator here and so I needed to act quickly. He helped me develop a plan of attack thinking of my entry and exit strategies instead of just jumping in like I was doing.



I contacted my realtor about the deal and asked for comps and for him to pull the title. He told me he was familiar with the property. He thought that he had a buyer who would pay $425 if I spent $20K for carpet, paint, and cleaning...and they could sell their house. Hmmm I thought to myself....distracted by more money. Yet, as Tony reminded me, I don't have the time to get a mortgage in order to upgrade and hold to sell. I need cash quickly.



The title showed two liens. Tony then suggested I work backwards with the following formula. First, what is the Market Value of the property. Second, subtract $50,000 from that number in order to account for the time of year, the fact that it is an acreage, and this becomes my quick sell price. Third, figure out what realtor and closing fees would be and subtract that (~$20K). Fourth, decide how much profit I want and what would be attractive to an investor ($50K). Then go to the vendor and give him that number. I called the vendor, told him I was not intending to steal his home. I also assured him of my intentions and was open and honest about my calculations and indicated to him that the most I could pay would be $300,000. My thoughts at this point were...really...as if he is going to go for that.



He did but then in all sincerity asked if there was any way I could try for $307,000 as he had two liens against the property that would take an extra $7000 to discharge. At this point I decided that I would give him $310,000 and we would both be happy with the deal. I then set to work on the exit plan.



There are three exits that I now see. One is to find an investor or investors who can bring $310,000 to the table this week in order to close immediately. I would then list the property at the reduced price and work for a quick sale and hope to split the $40K to $50K with the investor. I called my JV connections and posted a classified here: http://myreinspace.com/search/classified_ads/Joint_Ventures/74-14062-71218-Seeking_310K_for_all_Cash_Quick_Turn_Deal.html#71218 A second option was to assign my rights to someone interested in adding it to their portfolio or who sees the quick turn potential. I posted that here: http://myreinspace.com/search/classified_ads/Joint_Ventures/74-14067-71225-All_you_need_is_Money_-_Ready_made_deal_with_up_to_150000_equity.html#71225 A third strategy was to call my realtor, offer him double his commission if he could sell the property this week and bring the buyer to the close.



So...now I am in the process of seeking out the quick cash to seal the deal and make this a win-win-win situation. Any ideas out there on where else I can look?
 

tcarlson

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QUOTE (tonypeters @ Nov 14 2009, 09:40 AM) Torie, thanks for sharing your experience to this point. By doing so, you will help other forum members understand the AWESOME POWER of "Creative Real Estate Investing". I hope you are able to secure an investor and close on this deal quickly, and I look forward to celebrating in your SUCCESS!


Thanks Tony
 
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