It's a Whole New Ball Game with Creative Financing
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Creative Finance for Smaller Communities James R
Reaching for the Future Creative Finance for Smaller Communities James R. Harris Founding Partner James R. Harris Partners LLC The ULI Creative Financing project was made possible through a generous grant provided by ULI Foundation Governor James R. Harris, whose contributions and val- Cover: Music Hall ued counsel enabled the content and ideas found in this in Cincinnati’s report to take shape. The ULI Foundation acknowledges Washington Park. James Harris for his longstanding commitment to support 3CDC ULI’s efforts to advance the practice and understanding of responsible development and land use. Reaching for the Future Creative Finance for Smaller Communities About the Urban Land Institute The mission of the Urban Land Institute is to provide leadership in the responsible use of land and in creating and sustaining thriving communities worldwide. ULI is committed to ■■ Bringing together leaders from across the fields of real estate and land use policy to exchange best practices and serve community needs; ■■ Fostering collaboration within and beyond ULI’s membership through mentoring, dialogue, and problem solving; ■■ Exploring issues of urbanization, conservation, regeneration, land use, capital formation, and sus- tainable development; ■■ Advancing land use policies and design practices that respect the uniqueness of both built and natural environments; ■■ Sharing knowledge through education, applied research, publishing, and electronic media; and ■■ Sustaining a diverse global network of local practice and advisory efforts that address current and future challenges. Established in 1936, the Institute today has more than 37,000 members representing the entire spec- trum of the land use and development disciplines. ULI relies heavily on the experience of its members. -
Rental Property Loans Rental Loan Overview
Rental Property Loans • Investors can now unlock positive cash flow with a rental property loan. • Our Rental loan programs provide investors of all experience levels the ability to purchase, refinance or cash out individual rental properties, as well as entire portfolios. Rental Loan Overview Term Length: 30 Year, Fully Amortized Property Types: SFR 1-4/PUDs/Multifamily Single Property & Portfolios Minimum Loan Amount: $50,000 Maximum Loan Amount: $4,000,000 Minimum Credit Score: 660 Looking to Purchase and Rehab with an Investment Property Loan? Fixing and flipping homes is a great source of income, but it can be difficult to find the right funding. In order to renovate a home and flip it for a profit, you need sufficient capital. Our FixNFlip Program We offer a wide variety of fix and flip (FixNFlip) investment property loans for the real estate investor looking to purchase and rehab an investment property. Our full offering of FixNFlip, Construction, Cash Out, and Bridge Plus loan programs provide investors the ability to capitalize on the fantastic real estate opportunities that exist across the entire country. We have a passion for real estate and providing the best financing solutions for real estate investors across the country as they pursue their real estate investing goals. FixNFlip For the investor who wants to purchase and renovate an investment property in order to sell it. Term Length: 13 months Bridge Plus For the investor looking to quickly purchase or refinance for resale or bridge to long term financing Experience:: 2+ completed flips in the last 36 months Term Length: 13 months Heavy Rehab For the investor who owns an investment property and is in need of capital for construction. -
Family-Mortgage-Seller-Finance.Pdf
IMPORTANT INFORMATION A Guide to Family Mortgages The smart way to manage mortgage loans between family members. ® © 2021. National Family Mortgage, LLC. All rights reserved. 1 A Guide to Family Mortgages This guide is all about how an intra-family mortgage loan can help someone: Buy a Home *Buy a Relative's Home* Refinance a Home Renovate a Home Borrow Home Equity Reverse Mortgage If you would like to learn more about how our products and services can assist with the other scenarios featured above, please go back to our website and download the appropriate free guide. Buying a home from a relative isn't too different from buying a home from anyone else. As with any transfer of real estate, the Seller and Buyer will want to have a real estate closing with a local attorney, title company, or escrow company, that will perform a title search on the property and generate a new warranty deed. State laws in over half of the country legally require the integration of private mortgage documentation into the Buyer’s real estate closing / settlement. As an ever increasing number of states move towards this legal standard, we follow this protocol with every Family Mortgage purchase transaction in every state across the US. ® 2 Table of Contents 1. About Us 4 2. Company Standards (These are our rules.) 5 3. What does this cost? 8 4. What is Seller Financing? 11 5. Lender / Borrower Benefits 13 6. IRS Applicable Federal Rates 15 7. How it Works 16 Structuring Your Loan 17 Secondary Financing / Working with the Bank 20 Sample Online Application 21 8. -
Joint Tenancies and Creative Financing—The Land Contract
University of Arkansas at Little Rock Law Review Volume 5 Issue 4 Article 1 1982 Joint Tenancies and Creative Financing—The Land Contract Robert Kratovil Follow this and additional works at: https://lawrepository.ualr.edu/lawreview Part of the Contracts Commons, and the Property Law and Real Estate Commons Recommended Citation Robert Kratovil, Joint Tenancies and Creative Financing—The Land Contract, 5 U. ARK. LITTLE ROCK L. REV. 475 (1982). Available at: https://lawrepository.ualr.edu/lawreview/vol5/iss4/1 This Article is brought to you for free and open access by Bowen Law Repository: Scholarship & Archives. It has been accepted for inclusion in University of Arkansas at Little Rock Law Review by an authorized editor of Bowen Law Repository: Scholarship & Archives. For more information, please contact [email protected]. UNIVERSITY OF ARKANSAS AT LITTLE ROCK LAW JOURNAL VOLUME 5 1982 NUMBER 4 JOINT TENANCIES AND "CREATIVE FINANCING"- THE LAND CONTRACT Robert Kratovil* The drying up of institutional mortgage money in recent years has resulted in a burgeoning of "creative financing" of home sales. Newspaper advertisements often seek to attract buyers by stating that "owner financing is available" or that the "mortgage is assuma- ble."' Another form of "creative financing" is the installment con- tract, which is commonplace in jurisdictions in which the simplified forfeiture process offers a quick and inexpensive means of extin- guishing the rights of a defaulting purchaser.2 Many of the homes financed by this method are owned by a husband and wife in joint tenancy.3 A question that will therefore recur is what effect the exe- cution of an installment contract by the joint tenants will have on an existing joint tenancy. -
PROTECTING SELLER INTERESTS in a LEVERAGED BUYOUT by James A
GUEST ANALYSIS: PROTECTING SELLER INTERESTS IN A LEVERAGED BUYOUT By James A. Deeken and Jean Lu, Akin Gump Strauss Hauer & Feld LLP October 7, 2010 While the state of the economy has made it more difficult for buyers to obtain the optimal amount of financing desired to consummate leveraged buyouts, buyers have attempted to bridge the financing gap by having sellers provide seller financing either in the form of seller notes or deferred earn-out payments. Even once the principal terms have been agreed on for seller financing or earn-out payments, the real job of protecting a seller’s interest is only commencing at that point. Without effective follow through based on the advice of competent counsel, the seller could lose the benefit of economic bargain over the non-cash consideration if the components are not structured properly in the face of senior debt that the buyer may have and effective legal protections for the seller are absent. Seller Financing A common means used to bridge the financing gap is to essentially ask the seller of a business to provide seller financing by taking a portion of the purchase price consideration in the form of a note issued by the target. While such financing is issued by a company that the seller knows very well, seller financing presents the following threshold issues that should be considered by a seller: • Subordination Agreement Issues: In a leveraged buy-out, the buyer will typically finance part of the cash portion of the acquisition price by taking out a bank loan against assets of the target. -
Seller Financing Passes Legislature
Frequently Asked Question Seller Financing Passes Legislature What was the problem? The Legislature amended Hawaii’s SAFE Act in 2014 by removing the exemption that allowed ordinary property owners to provide owner financing of their primary residence. The Hawai‘i Association of REALTORS® (HAR) introduced legislation to restore seller financing as one of our priority issues. This was a concern because sellers were not able to provide seller financing, and it was unclear whether real estate licensees would be able to assist the seller without jeopardizing their real estate license, even if they were still exempt as a licensee. What is the bill that passed the Legislature? Senate Bill 756, CD1 establishes a mortgage license exemption for seller-financed mortgage loans under Hawaii’s Secure and Fair Enforcement for Mortgage Licensing Act (SAFE Act), if certain conditions are met. Requires the seller to provide to the buyer the terms of the financing. Requires the seller to provide a disclaimer, to be initialed by the buyer, regarding the financing. What conditions does the seller have to meet to qualify for seller financing? 1. Seller is a person, estate, or trust that transacts three or fewer residential mortgage loans in one calendar year; 2. Seller is not a loan originator; and 3. Seller has not constructed as the construction contractor for the residence on the property in the ordinary course of the seller’s business. Please note: these provisions are consistent with existing federal law. How will this affect our Standard Forms, such as the Purchase Money Mortgage Addendum and Agreement of Sale? 1. -
Seller Financing Addendum for Buyer Occupied Property
SELLER FINANCING ADDENDUM FOR BUYER OCCUPIED PROPERTY COPYRIGHTED AND SUGGESTED FOR USE BY MEMBERS OF THE NORTHEAST FLORIDA ASSOCIATION OF REALTORS, INC. This Addendum is made by the undersigned BUYER and SELLER and is incorporated into and made a part of the Purchase and Sale Agreement between BUYER and SELLER (the “Agreement”). This Addendum is referenced in the Agreement and pertains to the following Property: _________________________________________________________________________________________ _________________________________________________________________________________________. As part of the Purchase Price in Paragraph 1, BUYER shall execute and deliver to SELLER at closing a promissory note and purchase money mortgage first mortgage or second mortgage on the Property in the amount of $____________, at _______% interest per annum in accordance with the terms and conditions stated in this Addendum. 1. Within ______ days (5 days if left blank) after the date of acceptance of the Agreement, BUYER will furnish all credit, employment, and financial information reasonably required by SELLER. Unless SELLER delivers a written notice to BUYER declining to make the loan within 5 days after receipt of this information, SELLER shall be deemed to have agreed to hold the purchase money mortgage. The Purchase and Sale Agreement is not assignable without written consent of SELLER unless BUYER removes this SELLER FINANCING ADDENDUM. WARNING – PRIOR TO ENTERING INTO THE FINANCING CONTEMPLATED BELOW, SELLER AND BUYER ARE ADVISED TO SEEK THE ADVICE OF LEGAL COUNSEL TO DETERMINE IF THIS FINANCING COMPLIES WITH THE DODD-FRANK WALL STREET REFORM AND CONSUMER PROTECTION ACT (DODD-FRANK) AND OTHER RELEVANT FEDERAL AND STATE REQUIREMENTS. 2. SUMMARY OF SELLER FINANCING UNDER DODD-FRANK – PLEASE READ CAREFULLY Dodd-Frank has made significant and important changes affecting seller financing on buyer occupied residential properties. -
Private Lending Presentation Kit
Discover the Secrets of How to Fund Your Real Estate Deals with Private Lenders Discover the Secrets of How to Fund Your Real Estate Deals with Private Lenders -------------------------------------------------------- LEARN THE NEW SECRETS OF HOW TO FUND YOUR REAL ESTATE DEALS IN THE POST-BUBBLE REAL ESTATE MARKET WHERE TRADITIONAL LENDING SOURCES ARE GETTING VERY DIFFICULT TO OBTAIN -------------------------------------------------------- THIS REPORT HAS BEEN PREPARED BY: MICHEL LAUTENSACK PRIVATE LENDING PRESENTATION KIT Mike Lautensack Page 1 http://realestatewealthtoday.com/ Discover the Secrets of How to Fund Your Real Estate Deals with Private Lenders DISCLAIMER Mike Lautensack Page 2 http://realestatewealthtoday.com/ Discover the Secrets of How to Fund Your Real Estate Deals with Private Lenders ABOUT THE AUTHOR My name is Mike Lautensack and I started real estate investing in 1999 as a way to generate passive income and long-term wealth. Despite numerous mistakes and, what I like to refer to as "learning experiences", I started to have some real success by 2005 and made the leap to a full-time real estate investor. In 2007, I started a residential property management company called Del Val Property Management LLC which serves Philadelphia and the surrounding suburbs. Today, I continue to invest in real estate, grow and develop my property management company and now spend more and more time teaching and coaching real estate investors. I started out buying single family homes from Housing and Urban Development (“HUD”), Veterans; Administration (“VA”) and private sellers, using both bank money and my own personal funds to cover down payments. I quickly ran into a common problem when I ran out of cash and needed to find a better way to finance my real estate deals. -
Public Safety Strategies for Addressing Mortgage Fraud and the Foreclosure Crisis Author About This Report Acknowledgements
Best Practices Public Safety Strategies for Addressing Mortgage Fraud and the Foreclosure Crisis author about this report acknowledgements Robert V. Wolf This report was supported by the Bureau of A number of people provided essential assistance. Director of Communications Justice Assistance under grant number Foremost among them are the participants in the two Center for Court Innovation 2009-DC-BX-K018 awarded to the Center days of conversations on foreclosure, vacant proper- for Court Innovation. The Bureau of Justice ties, and mortgage fraud organized by the Bureau of May 2010 Assistance is a component of the U.S. Justice Assistance. The participants not only shared Department of Justice’s Office of Justice their good ideas but provided feedback on early drafts. Programs, which also includes the Bureau Also crucial to the development of this report are of Justice Statistics, the National Institute of James H. Burch II, Pamela Cammarata, Ben Gorban, Justice, the Office of Juvenile Justice and Preeti Puri Menon, Kim Norris, Cornelia Sorensen Delinquency Prevention, and the Office for Sigworth, and Paul Steiner of the Bureau of Justice Victims of Crime. Points of view or opinions Assistance; Greg Berman, Julius Lang, and in this document do not represent the offi- Christopher Watler of the Center for Court cial positions or policies of the U.S. Innovation; and Caroline Cooper and Tenzing Lahdon Department of Justice. of American University. A FULL RESPONSE TO AN EMPTY HOUSE| 1 A FULL RESPONSE TO AN EMPTY HOUSE: PUBLIC SAFETY STRATEGIES -
The Side Hustle Show
THE SIDE HUSTLE SHOW with Nick Loper Episode 292 Free Houses: How to Build a $1 Million Real Estate Portfolio on the Side (w/ Austin Miller) http://www.sidehustlenation.com/292 Austin Miller got his start in real estate at 23 years old as a side hustle. Over the last 8 years, Austin has accumulated a property portfolio of $1.2 million and more importantly is cashflow positive to the tune of more than $3k a month. The kicker is that all his properties – more than a dozen homes – were free. Now Austin will be the first to tell you there’s no such thing as a free lunch, but “free houses” in this case means he didn’t have to come up with a traditional 20% down payment of his own money to buy them. How is this possible? • Austin finds a killer deal on a house that needs a lot of work. • He buys it with creative financing / other people’s money. • Either does the rehab work himself or hires contractors to do it. • Puts a tenant in the home. • Refinances with traditional bank financing to pay back the original funding source and lock in a lower interest rate. Because he buys the property at a good price he can do this because there is at least a 20% equity cushion after the rehab. The end game is a positive monthly cash flow from rental income, plus long-term wealth through having tenants pay off the homes. You can find out more by checking out Austin’s book: Free Houses: How To Build Your Real Estate Investment Portfolio With No Money. -
AH 503, Cash Equivalent Analysis
ASSESSORS’ HANDBOOK SECTION 503 CASH EQUIVALENT ANALYSIS MARCH 1985 REPRINTED JANUARY 2015 CALIFORNIA STATE BOARD OF EQUALIZATION SEN. GEORGE RUNNER (RET.), LANCASTER FIRST DISTRICT FIONA MA, CPA, SAN FRANCISCO SECOND DISTRICT JEROME E. HORTON, LOS ANGELES COUNTY THIRD DISTRICT DIANE L. HARKEY, ORANGE COUNTY FOURTH DISTRICT BETTY T. YEE, SACRAMENTO STATE CONTROLLER CYNTHIA BRIDGES, EXECUTIVE DIRECTOR This manual has been renumbered from AH 510F. This manual has been reprinted with a new format and minor corrections for spelling and math errors. The text of the manual has not changed from the prior edition. It has not been edited for law, court cases or other sources since the original publication date. AH 503 i March 1985 FOREWORD The need for cash equivalence analysis was recognized by property tax appraisers over 25 years ago. The need for guidance in this area has become more pronounced in the last decade as county appraisal programs have de-emphasized the cost approach in favor of the sales approach to value, and as more appraisers have become concerned with cash equivalent analysis. The concept received legislative sanction in 1971 when section 110 of the Revenue and Taxation Code was amended to define full cash or market value as “. the amount of cash or its equivalent which property would bring if exposed for sale in the open market. .” In addition, the real estate market has evidenced an awareness of cash equivalence: witness the pronounced use of “creative financing” during the last four years. This manual explains the concept of cash equivalency, analyzes the elements of a sales transaction, and demonstrates methods for calculating appropriate cash equivalent adjustments. -
Real Estate Finance 30 Final Exam & Answer Key 1) for All Practical
Real Estate Finance 30 Final Exam & Answer Key 1) For all practical purposes, an “Alienation Clause” is basically the same as a: a) Call Clause b) Acceleration Clause c) Due on Sale Clause d) Defeasance Clause Answer is “c”: A Due on Sale Clause - This means the loan is not assumable without lender's approval and that the lender can call the loan immediately due and payable in the event the owner sells the property or transfers title to the property. 2) When the lender determines the amount of money to loan to a borrower by using a percentage of the property’s appraisal or sales price, they are trying to determine the: a) Loan-to-Value Ratio b) Interest rate for the loan c) Origination fees d) Borrower’s ability to repay the loan Answer is “a”: Loan-to-Value Ratio - This ratio is figured by taking the amount of the loan and dividing it by the market value of the home. 3) An insurance policy that protects the lender when there is increased risk due to low down payment is known as: a) Junior Mortgage Insurance b) Standard Homeowner’s Insurance c) Term Life Insurance for the borrower d) PMI – Private Mortgage Insurance Answer is “d”: Private Mortgage Insurance - a type of insurance that insures the lender in case the buyer defaults on the loan. The lender requires PMI when the buyer has a down payment less than 20% of the asking price of the home. 4) What are the two most common documents used in real estate financing? a) Mortgage and Subordination Agreement b) Promissory Note and either a Mortgage or a Deed of Trust c) Junior Mortgage and a Reduction Certificate d) Deed of Title and Deed of Trust Answer is “b”: Promissory Note and either a Mortgage or a Deed of Trust - the promissory note and a type of security instrument.