Seller needs serious Help! Please help - Posted by brian_wa

Re: Entitlement mentality? - Posted by Ed Copp (OH)

Posted by Ed Copp (OH) on May 23, 2005 at 06:58:08:

“This investor should have plenty of money to seek the best defense for himself”. So what is his name “deep pockets”. From what I have read so far, and I read it all it looks like this investor would not need to defend himself at all IF your “friend” would just do as she has promised in her contract with the investor. Is her word good, or is it not?

You mention in another response that they may take advantage of you, and so what if you don’t make any money on this one. So this causes me to wonder just who the investor is really dealing with anyway. Sounds a lot like you may be attempting to interfere with the investors contract with your “friend”. Do you also have a financial interest in this transaction? That is to say if you and your “friend” and manage to rip this investor off, will you get some of the money that he will be cheated out of. Perhaps you might want to review your choice of “friends”. Sounds like this one is a professional victim.

Re: additional information - Posted by whyK-CA

Posted by whyK-CA on May 22, 2005 at 02:40:25:

Option consideration $13K and option price $1. I wonder why this investor didn?t offer straight purchase of 1/2 interest for $13K, instead?Anyone has any idea on this point?

How much was the Deed of Trust?

Did the investor became co-beneficiary of the trust?

Re: additional information - Posted by JohnBoy

Posted by JohnBoy on May 21, 2005 at 22:25:16:

So he paid $13k as consideration to buy an option to buy 50% of interest for only $1? And he get’s an option to buy 100% for $10k if she defaults on any mortgage?

I’d say she needs to see a good lawyer. This type of deal structured this way may not hold up in court. But if does I’d like to hear about it and see all the details of the contracts and paperwork he used.

This sounds like a classic case where this whole thing could get reclassified as a glorified high interest loan. She needs to consult with an attorney.

If she didn’t have this to worry about, how would she keep the property anyway at this point? What does she want to do? Sell it? She should still be able to do that and walk away with her half of the equity. Otherwise, if she’s going to lose it all she would at least get $10k from the investor which is a lot more than she’ll get if it gets foreclosed on.

So what is she wanting to accomplish here?

No Problemo - Posted by Killer Joe

Posted by Killer Joe on May 21, 2005 at 01:06:35:

Glad to help you out…

Re: My thoughts… - Posted by JohnBoy

Posted by JohnBoy on May 23, 2005 at 13:26:17:

C’mon, Sean!

I know what 50% interest in ownership is. But if I’m looking at buying 50% interest, I don’t care about what’s owed on it. I’m only interested in what the equity is! How much EQUITY am I going to get for my money???

You’re not going to give someone $15k to buy 50% ownership interest on a property worth $100k where they owe a $100k, or $80k, or $70k, or $60k, or even $50k, where you are going to bail them out of foreclosure, let them remain in the property when that can’t afford it, only to risk having them end up in foreclosure again!

Now if you were buying 50% interest where there is only $50k in equity on a $100k property, you might by in for that where you are saving the house from foreclosure and you are going to sell the house and cash everyone out. In that case, I’d be getting my $25k equity, plus my $15k, and the seller gets their remaining $10k left.

If that was the case I could just give the seller the $10k in exchange for deeding the property over to me, I reinstate the loan and they move on! Otherwise, NEXT!

Would YOU buy in for 50% ownership on a $100k house, where there is $50k in equity, and let the seller remain in the property? I know I wouldn’t.

Now for 50% interest in a $200k house where there is $100k in equity, I may be willing to risk my $15k to buy in and let the seller remain in the property and retain half ownership. In that case my $15k is well secured with plenty of equity should they default again.

But 1/2 the value is in the equity. The rest means nothing because all that is money owed to the lender. I’m not interested in what’s owed to the lender. That’s not equity and it’s not money I’ll ever see. The lender gets that! The only thing I’ll ever see is the equity! That’s all I’m interested in.

So if I’m buying in for 50% interest, sure, that means I own half the house, but the ONLY value there is the value of any EQUITY! So unless enough equity is there, I’m not going to be interested in owning half the property. Who wants half a property that has little to know equity? Especially if I’m having to invest $15k into it!

To ME, purchased interest relates to the equity only as far as I’m concerned. Sure, I own half the encumbered part as well, but I can’t spend any of that! I can’t get anything from that if we sold the property. I can only get half of any equity when all the smoke clears! So that’s all I’m interested in if I’m buying half the interest. The equity only!

Re: the recap) - Posted by JohnBoy

Posted by JohnBoy on May 23, 2005 at 13:56:24:

No, actually SHE created the problem by not making her payments. Had she made her payments there would be no problem at all.

The investor created a problem for himself as far as protecting his own interest, but this whole mess came about when she didn’t make her payments and allowed the property to go into foreclosure again.

Lucky for her, the investor messed up protecting himself. She can use that to take advantage of him. But at this point I doubt that will help her in any way. She’s going to lose it all in the end unless she gets a buyer to buy it before it goes to foreclosure. Either way, she’s most likely out of there in the end!

She can file BK. But she’ll probably default on the payments again while in BK and lose it all.

Re: Entitlement mentality? - Posted by Brian_wa

Posted by Brian_wa on May 23, 2005 at 11:52:36:

I have no financial interest in this transaction. Nothing was promised and I don’t plan to gain anything from this. I see a person who I think needs some help and I would like to help. Simple as that.

Brian

Re: additional information - Posted by Brian_wa

Posted by Brian_wa on May 22, 2005 at 12:55:21:

The info is in my other computer, which currently doesn’t work right now. I’ll provide the info tomorrow.

Thank you for you help!

Brian

Re: additional information - Posted by Brian_wa

Posted by Brian_wa on May 22, 2005 at 12:44:09:

She wants to keep the house and would like to file bankruptcy to stop the foreclosure for now. I think she wants to sell the house to somebody but doesn’t like the fact that this investor took advantage of her… I just want to help her out. If she sells the house to me in the end, then it would be great. If not, I’d still be as happy.

Re: No Problemo - Posted by brian_wa

Posted by brian_wa on May 21, 2005 at 01:12:30:

It’s nice to know fellow investors who have good principles.