How to do a sandwich lease

also i can tell you haven’t been in business long because in NC a buyer can’t have a valid POA. A buyer with a POA is a conflict of interest and no title company worth their weight will not close that type of deal. you have to be a third party with no interest in the deal whatsoever.

plus the notice of option allows good protection because good luck find a closing attorney/title company willing to provide title insurance. and if they do, then someone(buyer) is getting pay day.

your points :flush.

edit as far as your comment about FHA waiving the 90 day seasoning that only applies to lenders that have repossessed homes from foreclosure and their agents disposing of the property. you have really made a stink around here don’t believe go here an see for yourself http://www.fha.gov look for property flipping waiver in fact go here http://portal.hud.gov/pls/portal/docs/PAGE/FHA_HOME/PRESS/PROPERTY_FLIPPING_WAIVER/PROPERTY%20FLIPPING%20WAIVER%20REQUEST.PDF and see for yourself. i guess to be in this business all you have to do is talk a big game. :help

No one is trying to be an “authority” on the subject, Charlotte, except maybe you.

More and more, we are getting hotshots on this board that have to bash everyone and everything that disagrees with them or contradicts what they want to say, regardless of whether what they say has anything to do with the post at hand. Welcome to that club.

You say that you weren’t talking about BK or tax liens or whatever. Great. However, the post is how to protect yourself in a sandwich lease option. If your great little paper at the register of deeds can’t protect you from those, then I guess I still have some valid points, right?

And then you go in jumping to your own ideas again. You say that they what I said was “dumb” because I said a closing agent could work around a filed notice. That’s “acting as an attorney” I believe. Well, genious, I wasn’t referring to a RE agent, BUT an actual closing agent (ie an attorney for example). Every state is NOT an attorney closign state, hence the term “closing agent.” States that use title companies, or even RE agents, as closing agents. And yes, in any instance, an actual attorney would have to handle it. However, I did not detail that out in my post. I do make some assumptions on the intelligence of the readers here to understand the basics of what needs to be done. My apologies to you. I should have be more clear.

Hmmm. I don’t recall bringing up foreclosure at all, but your “solution” to avoiding it will work. Hardly new and inventive, but works.

Ayy…the ol’ Roger’s an agent so he must be “pro agent” theory again. Well, Charlotte, I’m neither for or against agents, though I do lien to on the ‘against’ said. While I don’t have a clue why it’s relevant to this thread, point is I’ve been an investor far longer than an agent, and older posts show that I favor NOT getting your license if you’re going to be an investor, so hardly pro agent. Does that mean I get your permission to stay?

I’ve been in the business awhile now and I’ve seen several cases where someone did not “honor” the contract and the courts sided with them. Please feel free to review cases on your on time and in your own state. They are there.

Oh, and we have to post a second to flame some more. I “obviously” haven’t been in business long because NC buyer’s can’t have a valid POA. Well, touche`. Oh wait… no, because we a) aren’t talking about NC specifically and b) I don’t believe that I said that “the buyer” should have a POA, but rather that you should have one. Again, it’s general speak because there are 50 states with varying laws, and I again assumed that someone would have a basic understanding of their state laws concerning RE if they are planning on getting into investing.

As far as the FHA rule goes, I suggest that you review for yourself (bravo, charlotte). here’s another: http://www.reiclub.com/forums/index.php?topic=37052.0

To my final points, as this is getting old really fast:

First, you say that I’m “negative.” Why? because I actually talk about the real world possiblities that someone could face if they get into certain ventures? If that is considered negative, then yep, that’s me. I don’t fall into the “just do it” crowd, nor to a attest the guru world of outdated material and over the top claims of big money, fast women and hot cars (or is that hot women and fast cars…does it really matter!). Sorry if that offends you.

Second, you’ve belittled me on how “little” I apparently know and how “stupid” I am, that I “must” be a newbie trying to act like a “big shot” (I believe that you used the word “authority”). Did I miss anything?

Well, here’s something that’s going to surprise you. I really don’t have a care in the world as to what you think. I post with the intent to actually help others, not try to prove points. I post from my experiences in this business, not from how to books, guru courses, or rehashs from other posts past. And sometimes, I even learn a few things that I didn’t know from others with more experience in the topic (not in this thread so far, but the day’s still young).

I don’t try to be a “bigshot.” I simply post what I believe. In a public forum, you, as a reader, only have the post to truly determine someone’s level of knowledge and experience and I routinely say, “take it for what it is worth” because until you’ve researched it on your own, it’s all bull.

I also don’t have to bash others to get my points across. I let them stand on their own. They are free to take them, leave them or use them as they see fit. I feel that if you have to bash others to prove you’re right, then you’ve probably got issues, both with yourself and your points. But again, that’s for the readers to decide, because frankly, I don’t care.

You want me to leave. You’ve got it. I’m gone.

well i want to say, maybe i was a little hasty. i thought you were against real estate investing and that you were liberator for the re agent movement. :anon now i am ashamed, you did raise some good points and if i didn’t know the business, i would have been ready to quit the business. its good to play devils advocate because it makes people really get down to the subject.

if i offended i truly apologize because you were just bringing other views. i hate when i do that. :banghead . If you are still there don’t leave i sometimes tend to overact.

yes i did make a poop when i mentioned the POA but i should have said if the owner move out of town, the investor should get someone close to the owner to get the poa.

hope you come back since you have been a pillar here.

Hi
You are not clear with your thoughts, will you give more information. So I can help you out in this matter.

Last warning - stop SPAMMING the Forums!

Keith
Moderator

Sandwich lease option question

I get a 3 year option with the right to sublease for 100,000. Payments are currently 900 per month PITI.

I find a Tenant buyer who agrees to a 24 month Lease option from me for 1000 per month with a down payment of 3500 and aggress to an option price of 120,000. So the Lease option buyer will receive 100 rent credits each month towards the purchase.

Here is s the breakdown.
At the end of 24 months he will have rent credit of 100x24=$2400
Original Down payment of $3500
Total to be applied towards purchase $5900.

The buyer only has 5.9% down the only financing he can get approved for is FHA. With that being said a few questions arise?

  1. How soon can I cash out with FHA and what’s the best way to structure the deal so the buyer does not have trouble with FHA financing?
  2. Will FHA allow me to collect 20,000 without being on title?
  3. Is there a piece of the puzzle I’m missing here?

Thank you
Thomas

But when your Tenant buyer goes to get financing. Most tenant buyers only have 2-5% down payment which leaves them no other option but to get an FHA loan.

Have you had any trouble getting paid out when your Tenant buyer tried to exercise the option? What’s the best way to structure the purchase when your buyer is using FHA financing? Especially now with the new 90- day and 12 month flipping rule?

From my experience doing home loan here in FL with allot of homebuyers the lenders have been picking apart the appraisals. I have about 50-60 people on the verge of being approved for FHA financing so I have started a buyers list and I have a few sellers willing to allow me to sandwich the home for a tenant buyer. I’m just doing to preemptive problem solving here so after 12-18 months I know I will get paid. I have read that its best to file a mortgage to protect my interest, that I will definitely do but is there anything I need to be concerned with using FHA financing? Or am I just over thinking this?

thanks
Tommy FL