So I did some research and also consulted with my lawyer regarding the legality of compensating a seller post-short-sale.  On the internet I found an article on the Kick Ass Short Sales website.  After reading it, this made a lot of sense.  However, I still sought out the advice of my lawyer and this was his email response.

A Bill of Sale raises a red flag (in terms of fraud) but is not, by itself, a fraudulent act.  For example, if the Sellers have a working washer/dryer and sell it for $500, there’s a legitimate argument that it was sold for its fair market value.  If there were ever a legal challenge, we would need to show that $500 was a reasonable price to pay for that year, model and condition of washer/dryer.

Fraud only exists when an intentional act was done to harm another person.  For example, in a short sale, the lender usually issues a short sale approval letter that says, among other things, that the lender should receive X dollars and the Seller must receive no more than $0.00 at closing.  If I use a Bill of Sale to purchase the washer/dryer, and pay the Seller $5,000 when the fair market value of the washer/dryer was $500, then I’ve probably committed a fraudulent act.

As an attorney, I usually suggest that if you think you’re committing fraud, there’s a good chance you shouldn’t be doing what you’re doing.  That said, there are many, many instances where a Bill of Sale is a very useful – and legal – tool to purchase personal property.

After this email response, we had a follow-up chat and I asked about my specific situation.  The Department of Health and Family Services was the only lien holder to discount their note.  This sole discount allowed for the other liens to be paid in full.  However, the DHFS did indeed specify the amount that they’re to be paid at closing, BUT did not specifically state that the seller is to be paid $0.00 at closing.  I asked, since that wasn’t specified in my correspondence with the DHFS, if that means the door is open to compensate the seller.  My lawyer replied that it does.  However, with any “gray-area” there are inherent risks.  He approximated, in this situation, the risk to be minimal.  But there’s still a risk, none the less.  The risk being that the DHFS, upon learning of seller-compensation, could come after me and argue that the seller compensation restriction was implied.

Here is the latest email correspondence with the DHFS:

Sale price $9,000.00 less $3,590.00 for mortgage, $275.00 City of Champaign nuisance lien, $315.07 Urbana & Champaign Sanitary lien.  H&FS will release it’s lien for $4,819.93.

Please send payment of $4,819,93 to Technical Recovery P.O. Box 19174 Springfield, IL 62794.  A release of lien will be prepared and file when payment is received.

See, nothing says that the seller must receive $0.00 at closing.  But all of this may be neither here nor there.  I was scheduled to meet with the sellers yesterday (the original scheduled date of closing) and try and renegotiate something that would allow them to walk away with at least a little something from the deal.  Not 9K, but something.  But…they canceled on me.  So that was it for me.  It’s time to play rough!  I’ll let yall know what happens once the gun-smoke dissipates.

- Peace Out

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Liens, Real Estate, Short Sale DHFS, Fraud, Lawyer, Lien, Mortgage

It’s been a while since my last post and a lot has gone down.  I’m going to change my Accountability Mondays to Accountability Tuesdays.  Mondays are just way too busy for me.

So to address the “40 offer/week” goal that I’ve had for the past 4 weeks.  I still haven’t reached it.  HOWEVER, next week it should be reached.  This is quite a lofty goal that is definitely obtainable, but not easily however.  I’ve almost perfected the process that I have in place to efficiently make these offers.  I definitely could’ve made the 40 offers in a manual fashion, but that’s just not my style.  I HATE to work HARD and NOT SMART.  That’s just plain dumb!  I’m sure you’ve heard the Abe Lincoln quote:

Give me six hours to chop down a tree and I will spend the first four sharpening the axe.

I couldn’t agree more.  Spend the first four hours sharpening the axe and you could probably chop down 3 additional trees with the last two hours that you have to work.

I spoke once before about the system I’m creating for my offers to expired MLS listings.  I got hung-up for about a total of 8 hours on an Excel spreadsheet that would recognize my VLOOKUP function (if you’re an Excel pro, get at me, I’ll pay you).  I think there’s a bug in Excel that’s preventing me from doing what I want, so I’m transitioning towards the use of a SQL database.  I’ll then be able to write some queries that will spit out my data to a spreadsheet and then, I’ll get my mail-merge on.  *The geeks that are reading this, know what I’m talking about.*  If you don’t know, I suggest finding someone who does so you can work smart too.  So anyway, I say all of that to say, “I haven’t reached my 40 offer goal yet, keeping the same goal for next Tuesday”. Broken record I know.  But if you’re meeting ALL of your goals everytime, their not set HIGH enough.  There, I just made myself feel better.

Onward an upward. So on a positive note, I’ve progressed quite a bit in other facets of my business.  I’ve acquired an additional Realtor to include in my inner-circle.  This is actually a big-deal, because she is a Realtor that has numerous ties to investors in California.  I mentioned a while ago, my efforts to obtain cash-buyers that invested in a new condo construction near the U of I campus.  Well, this Realtor actually sold about half of the units in the complex and still corresponds with many of the out of state investors she sold to.  Her and her brokerage has a working relationship with the Marshall Reddick Real Estate Network in California.  We met on Saturday and discussed ways that we can work together in the future.  Basically, if she can bring me a cash buyer from her network, we’ll split deals down the center.  This is good.

Also, I met with one of the sellers from the everlasting wholesale deal #1.  I could tell that he was beginning to avoid my phone calls, so I got him to agree to a meeting with me.  Preparing for this meeting took an entire Saturday morning and the meeting went down Monday evening.  It turns out, he was just severely confused about the entire situation.  Confusion leads to frustration and  speculation.  Not good.  I explained all of the details with his liens and all of the options that he (doesn’t) have with this property.  I inundated him with information and had an answer to each of his rebuttals.  Following the meeting, I could see the defeat in his face.  He now really realizes he’s not going to see any money from this deal because it’s essentially a short-sale.  I meet with his Sister Wednesday night.  Once I explain everything to her, I should be able to speed this thang up and avoid any possibilities of legal action (specific performance suits, i.e. more time sans check).  By the way, I feel like a Realtor with all of this hand-holding.  It SUCKS to be one of them! I’m not holding your hand, I don’t know you like that!  In the future, I’m going to avoid these types of small, complex deals like people with halitosis (you thought I was going to say the plague, right).

And lastly, I met with the distressed landlord who wants to short-sale his rental.  I picked up 90% of the paperwork today and will return on Thursday to get the rest.  This guy is the epitome of a distressed seller.  And since he is an investor, I barely had to explain anything to him.  He pretty much knows how it works and is educated about what a foreclosure can do to his FICO.  His main motivation is to preserve his credit.  I wish all sellers could be like this.  Hopefully, I can get many more short-sales in the pipeline.  This is the second short-sale lead that I “stumbled upon”.  I can’t wait to start marketing to pre-foreclosures with a REAL effort.

And lastly (for real this time), I had my second meeting with a future business partner for a Tax Lien investing company.  I’ll reiterate that the Tax Lien/Tax Deed investing game is supremely slept-on.  Most investors who invest in these most likely don’t tell anyone and keep it a secret.  But, I don’t care, I’m going to start sharing it all.  After watching a fellow Champaign investor write a check for $560,000 at last years lien sale, I know this is something worth exploiting.  Me and my biz partner are going to create money out of air.  The plan is to borrow money and invest the borrowed money into Tax Liens.  We’ll profit the spread between the cost of the money borrowed and the net proceeds from the lien penalties whether redeemed or foreclosed.  Simple as that!

- Peace Out

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Liens, Real Estate, Short Sale DHFS, Fraud, Lawyer, Lien, Mortgage

I’ve got good news and that is the latest wholesale deal is coming together like butt cheeks.  I received the completed appraisal today from my appraiser via email, I then forwarded it on to the head guy at the DHFS. I waited about 3 hours and I gave him a call.  I didn’t expect it, but he was ready to wheel and deal right-then.  He saw the CMA that I had submitted to him in my short-sale package came in at about 9K and the appraisal came in at 11K, he offered to split the difference at 10K.  I countered and asked if he could knock 1K off and take 9K, he agreed to only if I ate the cost of the appraisal (which initially he offered to cover).  We had a deal.

So long story-short.  I now have the 65K DHFS lien, with other Champaign city liens, reduced to the sum of 9K!  The pros are that it looks like this deal will close after all and all of this learning will come with an added bonus in the form of a check.  The cons are that I’ll have to eat the tax lien, appraisal fee, title work fee, and seller lawyer fees.  So instead of the planned 6K, it looks like I’ll net around 5K.  That’s better than zero.

All I need now is to get the seller to an attorney so that an “Affidavit of heirship” and a “Personal Undertaking” can be composed.  These documents are needed in addition to copies of the owners on title death certificates, to close.  Since the owners of the property passed away without wills, probate can be avoided since their are only 3 members of the family left and they are all in agreeance with selling the property.

So, I’m not going to consider it a done-deal until I have my check…but this one’s pretty much in the bag.  So, I’ll part with this video for your viewing enjoyment.  I think I’ll feel like Bill Cosby in this video when I get my check, but I won’t make it rain on ‘em yet…5K ain’t enough, that’s just a drizzle.

P.S.
If you are not laughing at the video above, you have absolutely no sense of humor!  I can’t stop laughing at it, just focus on Cosby, not the booty.  Let the booty stay in your peripheral view and enjoy.

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Liens, Real Estate, Short Sale DHFS, Fraud, Lawyer, Lien, Mortgage