
Feb 2007
Inverse Purchase® Newsletter
John Alexander Wealth Systems (www.paperbiz.com)
Home Prices will Continue to Drop this Season
(by John Alexander)
While the people in the RE biz would like everyone to think
‘A’ credit buyers are going to start showing up this month and
next month; don't count on it. Sometimes you will read under
the headlines from companies that are not "tied" to having a
growing RE market.
Here is one.
Consumers Still Jittery About Housing While many on Wall Street
suggest residential real estate has hit bottom and its time to
invest in anticipation of a housing recovery, a new
Experian/Gallup PCI poll suggests just the opposite: the
potential for a housing price collapse in many local markets. As
a result, the stronger than expected economic growth of the
fourth quarter is not likely to continue as 2007 unfolds.
Don't get tied into a house at top prices in a flip, the next price drop
should occur within the next 2 months. If sellers wait... they
will wish they hadn't. Educate them as you help save their
equity in the buy/sell process.
The NEXT YEAR will be the 2nd greatest year to be in the
business of flipping homes. As prices lower, you are going
to be able to negotiate higher profits on every deal.
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Flipping Legal or Illegal
(by John Alexander)
From: Fannie Mae Newsletter: Dec 2005... Legal Counsel for FNMA
states:
‘Property flipping generally refers to purchasing
existing properties with the intention of immediately reselling
the properties for a profit. It is not illegal per se. When,
however, an immediate resale is accompanied by acts of fraud or
misrepresentation, including but not limited to appraisals with
inflated property values and other misleading or fraudulent
documentation, it can result in fraud’.
You would think this would end any misconceptions people have
about the legality of property flipping... but it won't, there
will always be the newbie into the industry painting broad
strokes with narrow brushes and claiming everything is "illegal".
The illegal aspects of Flipping have always been... and will
always be... LOAN FRAUD.
It is Loan Fraud that causes the "illegal" parts to occur... inflating
the appraisal, false income/loan application deception, fake insurance,
and other closing documents designed to hide facts from lenders.
Buying and flipping a property for a profit has never been illegal.
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Dual Contracts Legal or Illegal
(by John Alexander)
Lately, I've been hearing more and more about agents
who are saying that they are afraid to be involved in a transaction
that is dealing with "DUAL CONTRACTS". They believe dual
contracts on a home are illegal.
Once again, just like the word "FLIP" many ignorant people who don’t
bother to look up legal definitions end up with egg on their faces.
These people believe that All flips are illegal because they "heard" it was illegal.
They read something, somewhere about a scam and the word flip in the same sentence.
The same is occurring with the words Dual Contracts.
Dual Contracts has a definition in most
Cases and its meaning is very exact. Dual Contracts are a set of
contracts that are created to defraud a lender out of a loan. It
is done with the intention of inflating a property sales price so that a
buyer gets a "profit" going into the loan situation. Here is a
definition from one of the State's Code.
It shall be unlawful for any person to knowingly make, issue,
deliver or receive dual contracts for the purchase or sale of
real property. “Dual contracts”, either written or oral, are two
contracts concerning the same parcel of real property, one of
which states the true and actual purchase price and one of which
states a purchase price in excess of the true and actual
purchase price and is used as an inducement for mortgage
investors to make a loan commitment on such real property in
reliance upon the stated inflated value.
http://www.scstatehouse.net/code/t29c001.doc SC Code.
This has nothing to do with having an investor buying and
reselling to another party at a profit to the investor... (not
the buyer). The "true and actual" price is the price it is sold
at to each party, thus the definition of dual contracts cannot
be applied to an inverse purchase transaction or any assignment
or other type of flip.
The reason for the prevention of this type of fraud
is to insure that the buyer is not benefiting from a loan that
was granted them in which they were able to get some kind of
"Cash Back" at closing. It is illegal for a buyer to get cash
back at closing on many types of loans, thus the rule.
However, this type of definition can't be placed on investors
since it would rule out any investors from ever buying property
at a lower price and reselling at a higher price.
There is always a reason why laws are in place, they are there
to protect someone... in this case they are there to protect the
lender from shady buyers/sellers/agents/appraisers who wish to
pull money out of the deal for direct credit-buyer benefit.
So, the bottom line is that you are not in a Dual Contract
situation as defined by the code when read in it's entirety.
Defrauding Lenders is always wrong, even when just one contract
is used, but that doesn't mean use of a single contract on homes
is illegal, but a common use of dual contracts is to defraud
lenders, thus the code with some states have spelled this out.
Here is a good rule to follow when flipping homes... it is one I
have taught for over 10 years. If you lie, cheat, steal, materially
misrepresent, or hide anything from the buyer, seller, or lender...
you are doing something illegal… AKA "illegal flip" and you will get
caught at some point; however if you are not doing any of those
things in the flip, then flipping is perfectly legal.
We live in a great country. The law has a hard time convicting
people who haven't wronged anyone. Keep that in mind. And don't
be afraid to defend your actions when some fanatical idiot.. new
in the business, with a new "term", shows up delivering the new
Savior's Message to the infidels. He's right and everyone else
is wrong.
Listening to this type of public rhetoric drives the weak out of
this business. I have preached that message since I started
teaching nationally in 1994. The same idiots back then told me I
couldn't buy notes the way I bought them, couldn't do this or
that.. .same old story, I’m still here today; but their gone.
I'll but away my soap box until the next new convert shows up
with another new and improved message of doom and gloom for us
seasoned investors.
As always, I'm not a lawyer and you need to verify my opinion
with your attorney's opinion. If she's smart, she will mirror my
opinion, if not look for an attorney that does. Ya' gotta love
this country.
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Marketing with Signs (what our members are doing this month)
We Buy Houses Any Area, Any Condition Phone Number
SELL ME YOUR HOUSE, xxxxxxxxxxxxxxxPhone Number (Find out what the xxxxxx is as a Level 2 Member at www.paperbiz.com)
I know that sounds lame and uncreative, lol, but it works. They
dont have time to read much, stick to the point and tell them
what you do. "I Buy Houses".
*******************
This one works
very well very me.
NEED TO SELL YOUR HOUSE? CASH OFFER xxxxxxxxxxxxx! 1-800- (Find out what the xxxxxx is as a Level 2 Member at www.paperbiz.com)
One of my Realtor partners put out 18 of these this past weekend
and has had 20+ calls so far.
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If every other house in the area has a For Sale sign, just place a few signs
saying:
Say GOODBYE to your xxxxxxxxx and HELLO to my xxxxxxxxxx!!! 1-800-123-4567 (Find out what the xxxxxx is as a Level 2 Member at www.paperbiz.com)
Joe
You'll get plenty calls.
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This works well.
SELL YOUR HOUSE FAST CASH xxxxxxxxxxxxxxxxxxxxxxx! 1-800- (Find out what the xxxxxx is as a Level 2 Member at www.paperbiz.com)
Remember you need to get lots of signs up. If you really want to
be serious about the real estate business, you need to have 100
signs up at a time. Yes, you'll lose lots of signs, but they are
much cheaper than using classified ads. You have to figure that
it's just a cost of doing business. You'll lose less signs if
you put signs up on Friday afternoon and take them down on
Sunday night.
If you put the signs up on Friday afternoon, and they disappear
only to have your competitors signs up in their place, then you
may have a war on your hands. I've heard that others then just
take some glue and glue posterboard with their message over
their competitors signs. I hear that their competitors, as a
result, will get the message fairly quickly.
*************************
Finally, Some things to keep in mind
as you negotiate with sellers in this new Buyer's Market. By
Frank of Ohio (our discussion board moderator)
Some of this has to do with your local market. In a 'buyer's market' it is 'much
easier' to get houses and to get a 'better deal' on them. I
don't know about your market.
Also I don't like to put percentages in the ads I run and if I do, I put 'buying at up to
80% of retail'. I have found that the initial phone call made by
a seller is very important to me. I totally control the
conversation and I ask 'tons of questions'. I start to 'beat
them down' on price on the phone and I don't commit to a price I
will pay until I go in person and see the house and talk with
the potential seller.
I 'educate them' somewhat on the phone on
'how bad things are', 'how I'm an investor and I have to get a
REALLY, REALLY, REALLY great deal' to even consider their house
as I am 'constantly' getting many, many calls' of people wanting
me to buy their house, I ask 'what is wrong with your house?',
'what all needs fixed?', I tell them that it is a 'buyer's
market' right now, if they have 'no equity' or the 'Sheriff's
Sale is next week', I pass, I find out WHY they are wanting/have
to sell...this is 'very important' how soon, I find out if it
was listed with realtors and how many of them for how long and
the different prices it was listed at, I ask them what was the
'feedback' from the people that the realtors showed the house
to,
I ask them if they got any 'written offers' from the people
the realtors brought thru the house, I find out how many
payments behind they are, if any, and why, I find out if there
is a Sheriff's Sale date scheduled, I find out what they are
'willing' to leave to go with the house...appliances, tvs,
washer/dryer, mowers, riders, boats, cars, trucks, guns,
motorcycles, etc.
They have to 'sell me' as to why I should even
'waste my time' to come and look at their house. ALWAYS REMEMBER
YOU NEED A REASON TO GET INVOLVED WITH THEIR HOUSE!!! You didn't
get them into 'their mess' and you are in business to make a
'large profit'. They have to give a 'whole lot of incentive' to
get me to 'pick their house'. I have had many people at this
point offer their house to me at 40, 50, 60, 70% of retail
BEFORE I even 'start on them hard'.
Also the sellers HAVE TO BE MOTIVATED! Someone that has just
started trying to sell their house is 'normally' not that
motivated. It takes 'time' for them to get motivated. That is
why you have to 'keep in touch' as Flip Master indicated in his
post so they will have your info when they DO become motivated.
Also Flip Master is right, if you 'ask' for a 'little
percentage' you will get a 'little percentage'