
I look
forward to 2009 with anticipation and excitement of what the new year will
bring. Do I know something you don’t
know? No. I am fully aware of the dire forecast for
even worse circumstances to come in the housing market. This does not make me happy. I feel great empathy for those involved in
circumstances that make it hard for them to keep up with monthly payments, and
keep their home.
Is this a
bad time to be an investor in the real estate market? Absolutely not! It is a bad time if you are not
flexible. Different times call for
different strategies. When the credit
market, and mortgage loans were easy, the easiest way to make money in the
housing market was to buy a house that needed some fixing up at a lower price,
and fix it up, and sell at retail.
Sometimes this was selling with a mortgage, or sometimes it was selling
by lease option, or holding the property and renting it. It was easy to make a profit with just
cosmetic fixes.
Now the name
of the game has changed. If you could
not think beyond the way it was done before, you have bailed on real estate
investing. Or if you are a realtor, you
have also bailed on the real estate market if you have been unable to be
flexible, and change some of your strategies.
Also, more than ever, this is a great time for agents, brokers, and
investors to team together.
Like I have
been doing throughout 2008, I am going to continue helping people who do not
have any other choices, by negotiating a short sale on their real estate, and
then selling it at a discounted price.
This keeps the homeowner from having a foreclosure on their record. The bank doesn’t lose as much, and the buyer
gets a property at a discount. This is a
way you can benefit from the current real estate market if you don’t have money
to invest. The loss mitigator gets a fee
from the bank. The real estate agent
gets commission. Both the investor/loss
mitigator and the agent need each other to make the transaction go smoothly.
If you have
deep pockets, or have private investors, or are credit assured, you can buy
these deeply discounted properties to hold for yourself. They will have equity even in this market if
the short sale was done properly.
Another opportunity for those who can fund the short sale, is to resell
the property either wholesale, or retail to an end buyer after you have closed
on the property, for a larger profit spread.
This spread could be $5,000 to $100,000 or more, depending on the short
sale agreement, and the property.
In 2009, I
am also going to start looking into buying non-performing mortgages from the bank. A steep discount is available with
non-performing mortgages. With this method it is possible sometimes to
re-structure the loan, so the homeowner can afford the mortgage. Or, if they are not a candidate to stay in
the home, you can buy the second, and catch up the first and take over the
first. With this method, I will need to
increase my funding through procuring private individuals to lend for the
purchased mortgage amount.
Another goal
I have is to keep this blog updated more often.
I need to concentrate on my own blog, and keep it consistent. Plus, this is a special announcement! I will soon be releasing an ebook on: The Art of the Short Sale. It will be available
in January. If you have not learned how
to do this method yet, or need more information for success, this will be what
you are waiting for.


Patrick is also a friend of mine on Twitter. The topic he is dealing with today is structuring a deal with the method of Subject 2.
If buying property subject-to has been somewhat of a mystery to you, I hope that I can clear it up for you today because it’s an extremely powerful way to leverage your way into more deals and build massive wealth.
I’m going to cover what it means to buy property subject-to, the truth behind the due on sale clause, how buying property subject-to can leverage your way into more deals and build massive wealth, and how to safeguard yourself for success.
What Does it Mean to Buy a Property Subject-to
When you hear about an investor buying a property “subject to,” it means that the underlying loan was not cashed out when the property was purchased. The investor simply took over payments on the existing loan.
In traditional real estate transactions, the buyer brings in a loan for whatever amount is required as per the purchase price and the underlying financing is paid off at closing. But instead with subject tos, the investor simply leaves the seller’s loan in place and starts making the monthly payments after closing.
The Truth about the
Due on Sale Clause
You may have heard of the due on sale clause. This is a clause in practically every loan today that states that if a property’s title is transferred, the lender has the option to call the loan due and payable in full. But . . . the due on sale clause is a contractual right, not a law.
Remember, banks lend money to make interest. As long as you make timely payments, you will most likely be OK. Plus, there are ways to protect yourself when buying subject-to so that a loan is highly unlikely to be called due.
I’ve been buying houses subject-to for years and have never run into any problems.
Leverage Your Way
into More Deals and Build Massive Wealth
Just think of buying property subject-to as seller financing. The seller is financing to you, the investor, whatever amount is owed on the underlying loan.
Let’s say that a seller owes $150K on their house, and it’s worth $200K. The seller really needs to sell and just wants debt relief. He or she wants to get out from under the payment on the home and rid themselves of the burden of this unwanted property.
If you aren’t privy to buying property subject-to, your only option to buy the house would be to bring in a loan for $150K to pay off the seller’s debt. But, if you know how to harness the power of buying property subject-to, all you would have to pay would be closing costs! I don’t know about you, but bringing $150K LESS to closing makes sense to me.
Another huge benefit is when you take over payments on a loan that originated many years ago. You skip over all the front loaded interest years in the amortization schedule. I bought a house several years ago where the loan was already in year 20 of 30. Every time that I make a payment on the house, more than half of it is going in may back pocket due to pay down! That’s how to build massive wealth!
How to Safeguard
Yourself for Success
Here are a few quick tips to safeguard yourself for success when buying subject-to:
1. Take Title in a Land Trust – One exception to the due on sale clause is when the title to a property is passed into trust for estate planning purposes. I buy all of my property in separate land trusts. If a lender ever looked at the chain of title, they would see that the previous seller owned it in their personal name and then deeded the property into trust. There would be no reason for the loan to be called due.
2. Make Timely Payments – Like I said earlier, as long as a lender is getting paid their interest, they are happy. And, you don’t want to give them any reason to snoop around.
3. Change Information on the Loan – As soon as you close on a subject-to deal, notify the lender that you will now be managing the property for the previous seller. Give them the new mailing address for the property and change the phone numbers on the account. You want every piece of communication coming to you.
Patrick Riddle has done over 100 deals since he started investing just over 5 years ago. He is considered an expert in creative real estate investing techniques, lease options, short sales, and recruiting private money. He has raised over $6,000,000 in cash from private investors for his company.
Check out Patrick’s creative real estate investing blog for tips and strategies on building massive wealth through real estate.
Dear Agent,
Do you have sellers who are upside down in their
mortgage, because they are heading to foreclosure, or have reduced property
values?
As a real estate agent, negotiating short sales with the
bank often takes up way too much of your productive time.<< MORE >>