Pigg Advice Needed

[bearishgurl]

[quote=evolusd]From my ARCC search, they have at least one mortgage, with a potential 2nd taken out in 2007.
My title rep is providing me with copies of all TDs against the property so I can be sure.

I can’t imagine they make enough income to cover these mortgages as well as a new one for the home in Sky Ranch (those start at $500k+ for the SFRs).

Depending on what I find, I may need to have a candid conversation with them about this to make me feel comfortable. There must be some X factor like a recent inheritance or something.

Thanks, everyone![/quote]

If there is no reconveyance of the first (or “2nd” that could be a 1st if a reconveyance was filed approx 20-100 days after the “2nd” was filed), then there could actually be two loans.

I’m sure your title rep knows to get this, but you want to see any reconveyances filed in 2007, as well.

Is the conveying document in 2006 a grant deed or a quitclaim deed??

If there is no grant deed/trust deed filed in 2010, they obviously have not yet closed any new-construction transaction like they claim they are “in escrow” on.

Ask yourself these questions:

How do you know they are actually in escrow on new construction and not just moving back in with a relative or in a cheaper rental (so they can strategically default while they collect rent from you)?? Even if they ARE in escrow to buy another property, how can you be certain they will close? What is the occupancy date they are advertising the property to be available for rent? If they show no current signs of moving/cleaning/carpet cleaning, etc. and have never been landlords before, how do you know they will do these things on time for you to move in? How much are they asking you for a deposit? How many days in advance of moving in are they asking you to pay them the deposit?

You don’t want to get yourself into a position of having given them a deposit to “hold” the place for you, of having your vacate your current rental and then they don’t close on time or leave the place a mess for you.

Ask to see a copy of their “Rental Agreement” or “Lease” in advance. Insist on a walk-thru of the premises with a written checklist before plunking down the bulk of your deposit (anything more than $200-$300 to “hold” the place). If you find they are overmortgaged and the things they are telling you do not add up, ask to see their escrow instructions (and any amendments) on the place they are buying. Check the downpayment percentage, closing date and conditions for closing on the instructions.

I don’t see these people getting large deposits from potential renters unless they have a property manager to “vet” the situation first, that is, unless they find a very gullible ad-answerer.

[evolusd]

Update:

My title rep friend printed out all open Trust Deeds against the property. My intuition seemed to be correct about thier purchase in 2006:

1st – 80% purchase money 10Y interest only, 5/1 ARM starts adjusting next year and goes to P&I in 2016.

2nd – 10% home equity credit line

3rd – 10% personal loan (Bene of TD is individual)

Then in 2007, they refinanced the 3rd with another home equity credit line to payoff the individual and cash out $83k.

Bottom line (assuming they didn’t inherit/win a large sum of cash or paydown significantly from cash flow), they owe over $600k on a home worth about $400k.

Now I’m trying to figure out how to approach them with this issue. They may just give me the finger and move on to a less involved tenant.

I’m thinking of adding a clause to the lease requiring notice should a default on any mortgage related to the property occur. If so, they have to return my deposit. I think I can even record some kind of document requiring the lenders to provide me notice of a default.

Interesting time we live in, that’s for sure.

[evolusd]

Update:

My title rep friend printed out all open Trust Deeds against the property. My intuition seemed to be correct about thier purchase in 2006:

1st – 80% purchase money 10Y interest only, 5/1 ARM starts adjusting next year and goes to P&I in 2016.

2nd – 10% home equity credit line

3rd – 10% personal loan (Bene of TD is individual)

Then in 2007, they refinanced the 3rd with another home equity credit line to payoff the individual and cash out $83k.

Bottom line (assuming they didn’t inherit/win a large sum of cash or paydown significantly from cash flow), they owe over $600k on a home worth about $400k.

Now I’m trying to figure out how to approach them with this issue. They may just give me the finger and move on to a less involved tenant.

I’m thinking of adding a clause to the lease requiring notice should a default on any mortgage related to the property occur. If so, they have to return my deposit. I think I can even record some kind of document requiring the lenders to provide me notice of a default.

Interesting time we live in, that’s for sure.

[evolusd]

Update:

My title rep friend printed out all open Trust Deeds against the property. My intuition seemed to be correct about thier purchase in 2006:

1st – 80% purchase money 10Y interest only, 5/1 ARM starts adjusting next year and goes to P&I in 2016.

2nd – 10% home equity credit line

3rd – 10% personal loan (Bene of TD is individual)

Then in 2007, they refinanced the 3rd with another home equity credit line to payoff the individual and cash out $83k.

Bottom line (assuming they didn’t inherit/win a large sum of cash or paydown significantly from cash flow), they owe over $600k on a home worth about $400k.

Now I’m trying to figure out how to approach them with this issue. They may just give me the finger and move on to a less involved tenant.

I’m thinking of adding a clause to the lease requiring notice should a default on any mortgage related to the property occur. If so, they have to return my deposit. I think I can even record some kind of document requiring the lenders to provide me notice of a default.

Interesting time we live in, that’s for sure.

[evolusd]

Update:

My title rep friend printed out all open Trust Deeds against the property. My intuition seemed to be correct about thier purchase in 2006:

1st – 80% purchase money 10Y interest only, 5/1 ARM starts adjusting next year and goes to P&I in 2016.

2nd – 10% home equity credit line

3rd – 10% personal loan (Bene of TD is individual)

Then in 2007, they refinanced the 3rd with another home equity credit line to payoff the individual and cash out $83k.

Bottom line (assuming they didn’t inherit/win a large sum of cash or paydown significantly from cash flow), they owe over $600k on a home worth about $400k.

Now I’m trying to figure out how to approach them with this issue. They may just give me the finger and move on to a less involved tenant.

I’m thinking of adding a clause to the lease requiring notice should a default on any mortgage related to the property occur. If so, they have to return my deposit. I think I can even record some kind of document requiring the lenders to provide me notice of a default.

Interesting time we live in, that’s for sure.

[evolusd]

Update:

My title rep friend printed out all open Trust Deeds against the property. My intuition seemed to be correct about thier purchase in 2006:

1st – 80% purchase money 10Y interest only, 5/1 ARM starts adjusting next year and goes to P&I in 2016.

2nd – 10% home equity credit line

3rd – 10% personal loan (Bene of TD is individual)

Then in 2007, they refinanced the 3rd with another home equity credit line to payoff the individual and cash out $83k.

Bottom line (assuming they didn’t inherit/win a large sum of cash or paydown significantly from cash flow), they owe over $600k on a home worth about $400k.

Now I’m trying to figure out how to approach them with this issue. They may just give me the finger and move on to a less involved tenant.

I’m thinking of adding a clause to the lease requiring notice should a default on any mortgage related to the property occur. If so, they have to return my deposit. I think I can even record some kind of document requiring the lenders to provide me notice of a default.

Interesting time we live in, that’s for sure.

[temeculaguy]

good work, evol. I suggest you just move on, screw it. I was going to comment before that I didn’t like the numbers even if they only owed 400k, at that rent, 350k debt is about break even. Personally anything more than 125x rent is a money loser so they need be the type of landlords who can weather the storm, not someone trying to avoid paying the piper for failed jr. trump behavior.

It sounds like they are rookie landlords, it wont take long before they realize that 2300 coming in and 4k going out doesn’t work. More than likely they are using you to qual for their new place then you’ll pay them for the year they don’t pay the bank.

[temeculaguy]

good work, evol. I suggest you just move on, screw it. I was going to comment before that I didn’t like the numbers even if they only owed 400k, at that rent, 350k debt is about break even. Personally anything more than 125x rent is a money loser so they need be the type of landlords who can weather the storm, not someone trying to avoid paying the piper for failed jr. trump behavior.

It sounds like they are rookie landlords, it wont take long before they realize that 2300 coming in and 4k going out doesn’t work. More than likely they are using you to qual for their new place then you’ll pay them for the year they don’t pay the bank.

[temeculaguy]

good work, evol. I suggest you just move on, screw it. I was going to comment before that I didn’t like the numbers even if they only owed 400k, at that rent, 350k debt is about break even. Personally anything more than 125x rent is a money loser so they need be the type of landlords who can weather the storm, not someone trying to avoid paying the piper for failed jr. trump behavior.

It sounds like they are rookie landlords, it wont take long before they realize that 2300 coming in and 4k going out doesn’t work. More than likely they are using you to qual for their new place then you’ll pay them for the year they don’t pay the bank.

[temeculaguy]

good work, evol. I suggest you just move on, screw it. I was going to comment before that I didn’t like the numbers even if they only owed 400k, at that rent, 350k debt is about break even. Personally anything more than 125x rent is a money loser so they need be the type of landlords who can weather the storm, not someone trying to avoid paying the piper for failed jr. trump behavior.

It sounds like they are rookie landlords, it wont take long before they realize that 2300 coming in and 4k going out doesn’t work. More than likely they are using you to qual for their new place then you’ll pay them for the year they don’t pay the bank.

[temeculaguy]

good work, evol. I suggest you just move on, screw it. I was going to comment before that I didn’t like the numbers even if they only owed 400k, at that rent, 350k debt is about break even. Personally anything more than 125x rent is a money loser so they need be the type of landlords who can weather the storm, not someone trying to avoid paying the piper for failed jr. trump behavior.

It sounds like they are rookie landlords, it wont take long before they realize that 2300 coming in and 4k going out doesn’t work. More than likely they are using you to qual for their new place then you’ll pay them for the year they don’t pay the bank.

[burghMan]

[quote=evolusd]I’m thinking of adding a clause to the lease requiring notice should a default on any mortgage related to the property occur. If so, they have to return my deposit. I think I can even record some kind of document requiring the lenders to provide me notice of a default.[/quote]

You may want to consider the practical value of this approach.

The #1 rule of contract disputes: He who has the cash has a huge advantage.

Having the money in your bank account is worth much more than having the law on your side.

I agree with TG. Too risky.

[burghMan]

[quote=evolusd]I’m thinking of adding a clause to the lease requiring notice should a default on any mortgage related to the property occur. If so, they have to return my deposit. I think I can even record some kind of document requiring the lenders to provide me notice of a default.[/quote]

You may want to consider the practical value of this approach.

The #1 rule of contract disputes: He who has the cash has a huge advantage.

Having the money in your bank account is worth much more than having the law on your side.

I agree with TG. Too risky.

[burghMan]

[quote=evolusd]I’m thinking of adding a clause to the lease requiring notice should a default on any mortgage related to the property occur. If so, they have to return my deposit. I think I can even record some kind of document requiring the lenders to provide me notice of a default.[/quote]

You may want to consider the practical value of this approach.

The #1 rule of contract disputes: He who has the cash has a huge advantage.

Having the money in your bank account is worth much more than having the law on your side.

I agree with TG. Too risky.

[burghMan]

[quote=evolusd]I’m thinking of adding a clause to the lease requiring notice should a default on any mortgage related to the property occur. If so, they have to return my deposit. I think I can even record some kind of document requiring the lenders to provide me notice of a default.[/quote]

You may want to consider the practical value of this approach.

The #1 rule of contract disputes: He who has the cash has a huge advantage.

Having the money in your bank account is worth much more than having the law on your side.

I agree with TG. Too risky.

[Author]

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