Rent to Own, The Good vs. The Ugly

Hi Folks,

   Welcome back to our first post of AUGUST !
   WOW...you can almost feel the snow that's on it's way in the next few months.

   9 years of living and breathing Rent to Own, and can I share this with you? I have never seen such publicity regarding Rent to Own as I have seen over the past few months ! Most of it is good and promising, but there are always vultures and bad apples out there looking to take advantage of buyers and/or sellers in desperate situations.

   Let us take a look at the "BAD" (and the "Ugly").

   In a recent Press Release on Media-newswire.com, titled, "A Georgia man was sentenced to nearly six years in prison for his role in a mortgage fraud conspiracy", as the story says, a person from Georgia was allegedly involved in a scam involving "dozens of properties and $7.5 million in loans", as per Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.

   The scam went as follows, per the article: the individual, "informed the straw buyers/investors that after he purchased these properties in their names, he would enter into a “rent-to-own” agreement with one of the individuals from the community with poor credit in order to help that individual improve his/her credit score by renting the property for a year.", and additionally, he "represented to the straw buyers/investors that he would collect the rent from these individuals as tenants in the properties, pay the mortgages and taxes for the properties, and maintain the properties for the straw buyers/investors for approximately a year, at the end of which time he would sell the property to the tenant after his/her credit score improved and the property would be transferred out of the straw buyer’s/investor’s name, according to court documents."

   Unfortunately, he "did not assist any individuals with poor credit, nor did he enter into any “rent-to-own” agreements.", but instead, he "conspired with" loan officers, "to prepare and submit fraudulent mortgage loan applications to various mortgage lenders knowing that they contained false information with regard to the straw buyers/investors in order to secure mortgage loans on the 48 properties, according to court documents.". Ultimately, he was sentenced to 69 months in prison.

   Now, that is the only negative story on my radar the past few months, aside from a Foreclosure Scam we discussed in a previous Blog Post ("Foreclosure Scam Alert Based On Phony Deeds")

   For the most part, Rent to Own has been represented in the Media as an opportunity for buyers, sellers, as well as entire Housing Markets and Nations to rebuild and prosper. With that, let us examine these positive stories (the "GOOD").

   Rent to Own has always been an important strategy to pull buyers with less than perfect credit into the market, as well as sellers who are stuck in a home or multiple homes. A recent story in the Milwaukee Journal Sentinel titled, "Condo Living: Income Property", discussed a company in Milwaukee (Milwaukee Apartment Finders) that "offers its clients a rent-to-own option, which allows tenants who make an additional down payment when they sign the lease to apply a percentage of their rent to the purchase price of the condo unit.", which is a Rent to Own agreement. The story adds that at the end of the lease, "which is typically 12 months, tenants can opt to buy the unit or forfeit the down payment to the condo owner."

   Additionally, in a story by Luis Hernandez for the Visalia Times ("47-unit housing project OK'd by Tulare Planning Commission"), the story discusses the approval by the "Tulare Planning Commission" of a design for Aspen Court, "a 47-unit affordable-housing project in east Tulare — the first such development to receive city approval in several years." In the story, Consultant Tim Sciacqua (representing Kaweah Management), is quoted as saying that "Tule Vista, a rent-to-own single family housing project on E Street north of Bardsley Avenue, has 10 units ready to be rented out. The second project, Trails West at Cross Avenue and West Street, is about 10 months away from completion. Framing for the houses is up."

   The good stretches outside of our borders, as well.

   In the United Arab Emirates (UAE), two recent stories discussed Rent to Own in the Oil-rich nation. "The introduction of rent-to-own schemes may boost demand" for projects in Abu Dhabi, Jones Lang LaSalle said in a report released this week, noting that it expected other developers to follow the Sorouh model". This quote comes from the story written for the National.ae, titled, "1000 homes to boost sluggish sales market", which offers hope in boosting the market in that country. In a second story for the UAE, written by Parag Deulgaonkar for Emirates247.com ("Rents in older Abu Dhabi buildings fall 15% in Q2. Second half to see higher handover; prices not to recover before 2012"), the story says that, "The introduction of rent-to-own schemes may boost demand, but only a limited number of developers offering this option.". Once again, a beacon of hope for increasing demand and stoking the market.

   Buying a Home, Selling a Home, Renting a Home, OR Renting-to-Own a Home. These all require careful review and due-diligence before signing on the dotted line. Do not rush your decision, regardless of how dire your situation, as you could find yourself worse-off by ten-fold. Consult your attorney, title company, etc. These are major life decisions...

   Looking for your comments on this topic......starting now...


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Have a Great Week, and Happy Rent-to-Owning !
Regards,
Rob Eisenstein
HomeRun Homes Blog: http://blogging.lease2buy.com
HomeRun Homes Websites: http://www.lease2buy.com and http://www.homerunhomes.com

TAGS: #renttoown #titlecompany #buyinghome #sellinghome #downpayment #UAE #mortgagefraud

Low Housing Inventory As A Common Denominator

Morning Folks,

   Glad to have you here with me.

   This morning, the New Residential Sales figures were released for this past April, and there has been a nice bump over the past month in the sales of new one-family homes, specifically 7.3% above March. Over the longer term (since April 2010), there was a drop of over 23%. Does this come as a shock?

   According to 3 separate sources, not really, as they all cite low inventory as the common denominator.

   Barry Goodhart, a Property Manager, says that there is "less inventory for buyers to choose from", and thus, "The decrease in new houses coming on the market should help support".

   Ken Pozek, a residential real estate agent in Suburban Metro Detroit, says that they are having an "Amazing" sales year, and that, "low inventory is making this a crazy market!"

   Finally, Ken Koenen, LLM Attorney at Law, says that he has, "little faith in the numbers provided.", and that, "too much inventory is owned by the banks", and that, "they are controlling the market place at their whim."

   What are your thoughts? Were you happy about the increase over last month? Concerned over the big drop from last year? We'd love to hear from you.

Have a Great Week, and Happy Rent-to-Owning !
Regards,
Rob Eisenstein
HomeRun Homes Blog http://blogging.lease2buy.com
HomeRun Homes Website http://www.lease2buy.com

TAGS: #residential #homes #propertymanager

Real Estate Contracts from a Legal Perspective

Hi Folks,

   Friday is upon us, and most of the leaves have already fallen here in the Northeast. The trees are bare, and this can only mean one thing - bare trees. OK, so the secret is out - I'm not a comedian.

   One thing that is not a laughing matter in Real Estate are the contracts that are used for the different flavors of deals. Today, we are going to take a look at these contracts from the perspective of Rent to Own, with input from Attorneys from 3 States; Florida, Ohio, and Texas. We will preface this with the caveat that this is not legal advice, we are not attorneys, and thus the title word, "perspective", and not guidance.

   In the State of Florida, which is always a hotbed for deals, we spoke with Charles P. Castellon, an Attorney and Counselor at Law in Florida. Castellon tells us that it is important to realize that, "The applicable protections depend on whether you’re entering the deal as seller or buyer.", and he says that from the seller's side, especially in Florida, that, "it’s helpful to draft 2 separate agreements — a residential lease and option agreement.", as, "the rationale is the buyer/option holder could more easily force the owner to file a foreclosure action rather than a simple eviction if both sides of the deal are integrated in one agreement." Castellon continues to say that, "In the latter situation, a court could deem the buyer to have equitable rights giving the buyer/tenant the same rights as a mortgage borrower, thus requiring a more costly and complex foreclosure rather than a relatively simple eviction." From what I personally understand, if a rent credit is being applied to the down payment each month, the tenant is building up equity.

   Castellon says that an owner can, "write into the agreements a waiver by the buyer of any claim that the buyer may be entitled to equitable rights requiring a foreclosure case and instead agree that a breach of the lease agreement would be litigated in an eviction case only.", and that, "Buyers should seek to have a portion of all rent payments credited toward the purchase price. Building equity for the buyer and a greater stake in the rental property is beneficial for both sides, as the buyer will think more like an owner than a tenant." Additionally, he says that, "Buyers should also insist that all cost responsibilities are clearly spelled out. For example, either side can be responsible for costs such as taxes, insurance and association fees and everything is negotiable. The buyer may want to seek some kind of protection of his/her interest in the property in the event the owner fails to pay property taxes and thus risks the loss of the property to the tax collector."

   In the State of Ohio, we spoke with Troy Doucet, a foreclosure defense and consumer litigation attorney, who says that, "Ohio law requires the inclusion of about 15 different terms into any land contract in order to make it valid. Someone unfamiliar with these requirements could generate a void contract, and cost themselves statutory damages in addition to having to refund money paid." Doucet says that, "Creating a lease that provides for the ability to purchase later creates other hurdles under Ohio law, especially with regards to recording any kind of security interest in the property", and says that his recommendation is to, "always consult an attorney in drafting these types of contracts because they can be considerably problematic for the seller and buyer if not drafted correctly."

   Finally, in the State of Texas, we spoke with Attorney Patrick E. Hudson, who says that, "Rent to own laws vary from state to state", and that "In Texas, sellers used to take advantage of rent to own buyers by taking the house back when the buyer missed the first payment, even if the buyer had paid on the home for years.", but that, "the Texas legislature stepped in and put burdensome regulations on rent to own sellers.". Hudson says that the regulations, "generally provide that the buyer has to be provided notices and opportunities to cure any default before the seller can take the property back.".

   Hudson says that the state regulations are so difficult to comply with that, "many law firms advise their sellers to avoid rent to own contracts". He does, however, mention an alternative, where, "A seller can lease the property and give the renter/buyer an option to purchase the home at the end of the lease for a good price.", which, "avoids all of the hurdles of a rent to own transaction.".

   We are looking for some additional input from real estate attorneys in other states, and we welcome your comments on this post.

Have a Great Weekend, and Happy Rent-to-Owning !
HomeRun Homes Blog http://blogging.lease2buy.com
HomeRun Homes Website http://www.lease2buy.com

UPDATED: Buying a Foreclosure? This is a Must Read...

Hello Everyone,

Welcome to Friday !

We have been receiving a lot of questions about foreclosures from people who are asking us specific questions on how the foreclosure market works. In order to paint the best picture for you, we have spoken with some of our peers who are active in the foreclosure property marketplace in one function or another.

Sheriff Sale guru Marc Sherby uses a 10-point checklist to tackle all aspects of purchasing a foreclosure home. His Process is as follows:

1. Do Your Homework (research the liens, mortgages, comps, bid price, etc. before going to the auction). NEVER bid on a property without doing this first. Joanne Cleaver of ForSaleByOwner.com says that it is important to, "Understand the micro-economics of the neighborhood. On some blocks, a foreclosure is an exception. On others, it's the rule. This affects your ability to quickly get good comps when you've fixed up the foreclosure and are trying to resell; this also affects its marketability as a rental." Additionally, Jan Green, an Arizona Realtor, suggests to, "check the health of the Home Owners Association (HOA)" (if applicable), and to, "Check the date of the last reserve study that was done in the HOA, making sure it was within the last year if not 6 months. A lot can change in 6 months in a neighborhood. If it was 1 year, then check the number of foreclosures currently in the neighborhood and ask if more than 10 - 15% are overdue in paying, another hint." She also suggests checking to see if, "there is an Environmental Report available that will disclose information the surrounding area for airports, landfills, soil conditions or other abnormal findings that could pop up."

Alfred Miller President, Private Lending Solutions, LLC, adds that it is important to know, "how long it takes to sell a home in your price bracket", to, "study the sale prices of comparable homes in your area.", and to remember that, "the sale is for the home as is."

2. Set up your support team (real estate attorney, accountant, realtor, Title Company, contractors, insurance agent and so on). Find people you are comfortable working with. Miller concurs, and suggests that you, "Find an agent specializing in foreclosures."

3. Learn the rules for your particular area FIRST. Rules and “conditions of sale” are different for each county and for different types of sales. You can obtain a copy of these rules the Sheriff or auctioneer. Green, who works in the Hot Arizona market, states that, "The deed issued in Arizona for REO's is a "Special Warranty Deed" and not a "Warranty Deed" that is the typical deed in a regular sale. Why is this important? There is no title coverage for past problems with the title prior to the bank taking ownership of the home. And always always buy title insurance to cover the transaction against any liens on the property, no matter the type of financing used to purchase the home." Know your market !

4. Get the list of auction properties. In most cases depending on your area, you can obtain the list of properties going to auction for free. If the sheriff or auctioneer has a website many times the lists are also posted on them.

5. Line up your funds BEFOREHAND. In most cases you will not be able to obtain a traditional mortgage beforehand to pay for the property. This is one thing many people do not realize. Cleaver agrees, and suggests to, "Have lots of cash. Banks will negotiate a little, but they will mainly listen if your money talks loudly.", as well as Miller, who suggests that you get, "Get pre-approved for a mortgage."

6. Go look at the property (before you bid), and try and determine if it is occupied or unoccupied. Green suggests that you, "Knock on neighbors' doors to ask for details about the area. Neighbors can be your best source of information about a neighborhood and can provide the names of others serving on the HOA board.", and Cleave similarly says that you should, "Get neighbors on your side. They are well aware that the foreclosure next door has eroded the value of their own property. Position yourself as as hero, not as a bottom feeder."

7. Know how to bid. Bidding is a psychological game as well as numbers game.

8. Have a plan. What type of property are you looking for and where? Is the area up and coming or in decline? Are you buying as your own personal residence, as a rental, or to rehab and flip? If it’s a flip, what type of buyer will you be looking for? How much money and time can you commit to this project? Know these answers ahead of time because as the old saying goes “those who fail to plan, plan to fail.”

9. “Sit on your hands.” Begin by attending several sales and just watch what goes on. Most sales happen very quickly, usually in just a matter of minutes, so you’ll need to pay close attention. See who the players are and take lots of notes.

10. Get Educated. Many of the people you will be bidding against are auction pros and you’ll need to become one yourself. Reading books, attending training seminars, joining local real estate investing groups, or finding a mentor are just some of the ways you can educate yourself. Additionally, you can check out, "Will It Work In My Town" for some good suggestions, as well.

Green has some additional tips that will be of huge help:

1. Always change the locks immediately upon purchase. REO homes are oftentimes on master keys for other homes in your area. If a home will be vacant for some time, get a security system as the home has a history of being vacant. If it has a pool, make sure it's maintained weekly. Check any other systems around the house to make sure they are being maintained. This way you'll maintain your equipment and have activity at the home.

2. Purchase a home warranty from a company that will cover pre-existing conditions ("hidden defects") for foreclosures.

3. Obtain a very thorough home inspection by a licensed contractor (verify the inspector is licensed, bonded and insured - Lots of home inspectors are not renewing their state licenses in this economy).

4. Check under every sink and water source for past water leaks. If there were leaks and you're still interested in purchasing the home, get a MOLD inspection.

Do you have any additional tips that will help our readers? Please feel free to comment here and let us know.

Have a Great Weekend, and Happy Rent-to-Owning !




UPDATED: Top 5 Blog post for 2010 (For more information, CLICK HERE)

New to Real Estate Investing? What You Need to Know...

Hi Everyone,

Hope you had a great weekend.

With the market in a state of suspended animation, and with people either out of work and/or clinging on to their job by a thread due to the economy, many people are looking for additional sources of income. Some people might hop onto the Multi-Level Marketing programs that are out there, and some others are diligently looking for opportunities.

There is a fair amount of people who look towards real estate investing, and they want to buy and flip homes, which is basically purchasing the home, fixing it up, and selling it for a profit. Folks, let me tell you this...it's not easy! I am one of these people who, back in 2002, was looking for additional income, when a group of friends told me that they were investing in Central Florida. I took that as my cue and was down in the Sunshine State the following weekend.

We purchased a few homes, but turning these homes around was hard, even in a good housing market. We struggled, and it was very difficult. Things finally turned out well, and I left a job at a Nationwide Corporation in which I was a Computer Engineer. This was a good thing, however, we found it more and more difficult to find people for our homes (this is how HomeRun Homes was born, but that is another topic).

What can I suggest to a "newbie", or someone that is new to Real Estate investing ? Research, Research, and then Research again. You must chose the location to focus on, and research the heck out of how the state and the county works. Do you need an attorney? A Title Company? What is legal and what is not legal? These definitions differ from place to place, so you need to research and do your homework.

We have summarized some very important items regarding investing in Real Estate at THIS LINK, and this should give you a great foundation so you can get out there, make offers, and close deals!!

Have a Great Week, and Happy Rent-to-Owning !

5 Tips for Selling a For Sale By Owner (FSBO)

Hi Everyone,

Today, I'd like to discuss 5 very important tips for anyone trying to sell their home on their own. This type of arrangement is often referred to as For Sale By Owner, or FSBO.

Tip #1: PRICING: In order to determine a fair selling price for your home, you need to investigate home prices in your area. You'll want to review not only the prices that homes are listed for, but what they have sold for as well. Your best resource for this information will be your local newspapers. You can even take a trip down to your local government office to check out more details from the mortgages that have been obtained by new homeowners in your area and saved ("recorded"). These documents are public domain, and it takes a little time to get the gist and flow of how to do this research, however, there are usually plenty of clerks available to take your questions. Some other ideas: talk with real estate agents in your area, and check around for appraisers in your own network of family and friends. If you can connect with an appraiser, you can ask them for a general rule of thumb for pricing on your home, and perhaps they can make a few suggestions to increase the value. Finally, you can always shell out a few hundred bucks for an actual appraisal of your home, but most often that will not be required.

TIP #2: LEGALITY: Whenever you are talking about the sale of a big ticket item such as your home, it is always good advice to retain an attorney and/or consult with your local Title Company. To check if your state is a Title State or not, please refer to this handy resource: http://title.grabois.com/

TIP #3: MORTGAGE: I am a firm believer in lining up all of your "ducks" in advance. Before you get to the physical process, you'll want to consult with some mortgage brokers and banks to educate yourself on the financing side of selling your home. This goes both ways, in that, if you make a good contact with one of these individuals or institutions, you can always refer a potential buyer to them, since they would already be familiar with your situation from your previous discussions with them.

TIP #4: ADVERTISING: This is where you want to do your homework on creating your Ad. Check on the Web and in your local papers to see the most common Ad format. Once you have done your research, create an electronic copy of your Ad, perhaps in Microsoft Word. In addition, you will want to have high-quality images of your home, for the interior and the exterior. For the exterior photos, make sure you get a sunny day when you take the photos. Why? Would you be more excited about a photo of a potentially new home when the photo is framed by a grey, cloudy, and rainy day vs a bright, sunny day with blue skies? It's all psychological.

TIP #5: MARKETING: It's time to plaster your Ad everywhere - starting with the Internet. There are a lot of free sites - but with free sites sometimes comes the "time-wasters". The old adage, "You get what you pay for" certainly applies. In addition, there are forums, discussion boards, and many other places that will allow you to announce your home, of course, once you have passed the proper permission steps unique to each of those specific sites. Should you decide to also accept Rent to Own as an option to purchase your home, you can always place your "Home Available" Ad on our website, as a For Sale By Owner (FSBO), as well as a Rent to Own (Click Here to Sell Your Home).

So there you have it. Once you start receiving offers that are in your price range, this is where your attorney, title company, and ultimately, your mortgage broker, will come into play.

Have a great 4th of July Holiday, and Happy Rent-to-Owning !!

Tax Credit Extensions and a Cool Contest...

Hello and Welcome to Friday !

A lot of emphasis is placed on looking at the National stage and spotlight for the latest housing trends and news, but I think that it is also important to look at your local area and see what news is being generated. That being said, it might be that your local market is an exception to the rule vs being an actual microcosm of the true market.

With that statement out of the way, we have a great local paper that I review quite often, called the Long Island Business News (thus, my sermon about checking out your local markets). They just ran an article, titled, "Senate passes tax credit extension", and this was about the extension of the closing date for those purchasing homes under the tax credit. The date was changed from June 30th to September 30th, which gives lenders what they referred to as, "breathing room". One of the attorneys that they interviewed for this article mentioned that he has all of his deals ready to close by the 30th. This is the the case with most of the attorneys we have been speaking with, some of which are listed in our Home Services Section.

Well, the wind up here is this: Thank you, Washington ! Nothing like going down to the wire. But breathing room is good.


CONTEST TIME:
OK, we will be providing a Free Copy of our E-Book, "Secrets of Rent to Own", to the first 5 people who answer the following question:

What city did we begin investing in when we first started our business?
Hint: The answer is very, very easy to find on our website.


We will give everyone the answer on Monday. So quick - dig up that answer on www.Lease2Buy.com and then E-mail me at homebuyer@lease2buy.com with the subject, "CONTEST ANSWER".


Good Luck to Everyone !

Have a Great Weekend, and Happy Rent-to-Owning !