Goofy sellers. The short answer. - Posted by Brent_IL
Posted by Brent_IL on August 13, 2003 at 05:56:17:
It will take a several days for me to get a readable post into a semi-organized state that?s transferable.
The short answer is:
1 ? Use something to turn the purchase money mortgage into an unsecured note, e.g., SOC, continuous subordination. My favorite choice is substitution-of-collateral.
2 ? Treat payments in aggregate.
3 - Pay them with funny money
People focus on the parts of a transaction that are important to them. Someone who has a property on the market for six months has had plenty of exposure. It isn’t selling because he wants too much, but that’s the only thing he’s thinking about. His need is to prove that he’s right and the market is wrong. In his heart of hearts, he knows it?s the reverse.
That same outlook will lead him to believe that he understands what he?s reading when he reads the purchase contract. He will blow right by one of the redundant clauses that has the end result of turning the security for his note to vapor. I use one obvious clause whose purpose is to be crossed out by an alert seller, the SOC clause, and a back-up clause that isn?t so obvious. The end is the same.
I mentally divide a seller?s equity into real equity and imaginary equity. I?ll try to give a seller most of the real value, albeit over a longer term and with a lower effective interest rate than he ever anticipated. The imaginary equity is up-for-grabs. It?s there as a number only; the effective payments will negate the over-inflated price. He gets satisfaction, but no real money. The sellers have signed off on everything so all the activity is happening within a trust. It?s transparent to the sellers because the trustee is just implementing the terms of the purchase contract.
I use a combination of terms and cash generators, but a traditional way is to use notes bought at a discount. The trustee can switch out the notes as collateral, or the income can be used to make the payments on the purchase money mortgage note. Regarding cash outgo, it?s pretty much the same. It depends on whether the note is unsecured or minimally secured. I?ll try to edit an old post about the most effective way to use partials.
Several terms that I use consistently have a synergistic effect when used together, so I usually determine an optimum time for me to make a balloon payment and steer the negotiated due date to one payment less. As a single example, I have wording and a blank space in the contract for the number of initially scheduled payments to be applied directly to principal. This one sentence can knock one-third off of the balloon payment. More if the agreed upon interest rate is high. It?s prefaced by, ?After a ____ moratorium on payments,? 90 days here, four months there, it adds up. Care has to be taken that the contract addresses the way that changes are to be implemented to the scheduled financing so the terms aren?t conflicting.
The result of the collective terms is to lower the real acquisition cost to 80% to 92% of FMV regardless of the contract price, and to provide for no payments for a few years. 150% of FMV is probably the top limit. A higher percentage of over-valuation can be eliminated just as easily, but it might be an invitation to litigation. I?d assume that the seller didn?t really want to sell. Remember, if the seller doesn?t like the amortization schedule he gets at closing, he can pay me my 3% and opt-out. If we get to closing, most sellers in this category have already used their bragging rights, and have returned to reason.
I?ll work on writing out the presentation.