Monthly Archives: August 2007

Rental Housing Registration In Kansas City

The Kansas City Star ran an article in the Local section of the paper today titled More cities keep eye on landlords. I found that the article clearly presented the issue revolving around rental property licensing that is being proposed in several areas around the Kansas City metropolitan area.

(Although I still find it annoying that every weekend the KC Star insists on running some horrible foreclosure related photo from the west coast in the business section. Note to KC Star, if you cannot find the problem here then don’t take the photo. You keep insinuating the real estate meltdown is here, as well. And you know it.)

Let BBQCapital be very clear where we stand on the issue or rental housing registration and/or licensing;

  • Rental licensing is not acceptable. It is simply a tax and an additional burden to the investment property owner.
  • Registering rental properties and having an individual with sole responsibility is okay here. (No hiding behind a LLC to shirk your responsibilities.)
  • Administrative warrants (used by the City of Lawrence) to inspect rental property without the permission of either tenants or landlord is blatantly absurd…regardless of what the federal court of appeals says.
  • The City of Mission ordinance that allows the city to conduct an inspection of the property when requested by the tenant is a solid compromise.
  • Tenants should treat their rental homes with respect and care.
  • Landlords should treat their tenants with respect and care and maintain their Kansas City area investment property to a clean and safe standard.

Agreeing with Dan Kelly of Landlords, Inc. in Kansas City a city should spend more time worrying about code enforcement. If a rental house is becoming a blight on the neighborhood then code enforcement should act. Having registered owners, actual individuals, will allow the city to go after the owner and not have the owner “hiding” from the violations because the city doesn’t know whom he or she is.

And our last point here will be this: Landlords, it is to your benefit to maintain your properties! You will attract better tenants, collect higher rents and sell for more money. Why is this so hard to get across? If you don’t, if there is mold in the basement or a roof leaking then a tenant should have the right to have the city come in and work on their behalf. It wouldn’t have happened if you had maintained the house, right?

Here in Kansas City landlords can evict a tenant for non-performance (no rent payments or tearing up the house) a lot easier than in other parts of the country. Believe me. The flip side is they should have rights too when the landlord is guilty of non-performance.

In the words of Stuart Smith of Mission (as quoted in the Kansas City Star) “If you can’t afford to keep the property up, you shouldn’t have bought it in the first place.”

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Don’t Worry, Be Happy

One of my real estate investor clients and I were on the phone this morning and she expressed to me concern with all the mortgage woes going on. We are passively looking for another property for her and she was worried about her ability to secure a mortgage on another property.

Although I didn’t outright say “Don’t worry, be happy” it was the theme of my response.
I took the necessary time to explain what I believe got us into this mess and that I believed it would probably go on a while longer. But that, in her case and in the case of many/most of my clients, it would have no bearing.
Why? Because most of my clients only own 2-4 rental properties. Most of my clients have household incomes well into the six figures. Most of my clients have credit scores that will make your nose bleed. And most of my clients have healthy and available liquid assets.
Not to say I don’t work with anyone. But I have to work with those that can qualify to own investment property, right?
No matter how tight credit gets, in my opinion, if you are able to put down 10% and stay under the “10” limit and find a property that works under your criteria then you will be able to acquire that property. At least the clients that I am speaking of.
Now, if you have four loans out and they are all 95% LTV or more, then you are probably going to have problems. You need to spend the next year or two getting those ratios more in line. Otherwise, don’t worry, be happy.

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Why Bureaucracy Makes Me Crazy: FreddieMac Stinks!

I generally try to play nice. But I’ve had it in this situation. This might be a long one so you’ll want to buckle on the chin strap.

On July 9th I wrote a post about needing an investor to help bail out a woman who had gotten suckered into a fraudulent lease with option to purchase.

A Quick Recap

A single mom (SM) with two kids entered into a lease with option to purchase in November of 2006 with the “help” of two criminal, er for libel reasons I’ll just say incompetent or uneducated, real estate agents. She made a $2,500 down payment and paid rent on time. That is until she was notified by the Federal Home Loan Mortgage Corp. that the loan had defaulted and that they were foreclosing.

The owner had been taking her money but not paying the mortgage. Now she was supposed to get out unless she could buy the rental home. Because of credit and cash availability she could not. So she calls me to see how I might help.

The Numbers

Our SM had been paying monthly rent in the amount of $1,025/mo. The payoff on the home to make Freddie Mac whole was approximately $106,991.67.00 give or take $17 and some change interest a day after July 27. A quick review of the home and the neighborhood told me the following;

ARV of the home is probably $128,500-$130,000 even in this market. Much needed repairs include exterior paint, wood rot repairs, heating and air conditioning replacement and some other miscellaneous projects.

With my contractors, I figure this is $5,000-$6,000 in repairs. Add in a fee for me of $3,000 for putting the deal together quickly and you have a cost of purchase at $115,000-$116,000, plus closing costs.

The Solution

I brought the “deal” to an investor who was able to help. Provided they would make some money. We negotiated with the SM and her attorney a lease-option that would last 36 months. That’s a long period of time, yes. But in this case it was to both party’s benefit. Monthly rent would be $1,025/mo (fair market rent) with the SM paying for all repairs $250 or less.

The investor would get the wood repairs finished and the house painted immediately. Heating and air conditioning would stay in operation as long as possible but would, in any case, be replaced before the SM took sole possession at the end of the lease-option.

For every month the mom paid the lease on time she would be give a $50 credit towards closing costs. Purchase price on the home in 36 months would be $132,500 (probably about $10,000 under expected value.)

Do the Math

Everyone wins;

  • The single mom gets to keep her house without any more down payment, the rent stays the same (until year three when it goes up $25/mo.) and if she performs her end of the deal gets to buy the house under market and in good condition.
  • The investor gets to help the single mom AND make about $13,000 after expenses plus reap the tax benefits along the way. Oh, and some paltry cash flow. But they double their money in.
  • Freddie Mac gets to sell the home, get it off the books and not lose any more money.
  • The real estate agent (me) makes $3,000 for putting it all together.

So why can’t we do this?

Because Freddie Mac refuses to sign a purchase contract with my investors. It’s against policy. They wouldn’t be getting “fair market value” for the home because all they would be getting is the payoff. What idiots! They will only take a payoff. But my clients cannot get the money through a first mortgage unless Freddie Mac signs a purchase contract because according to every underwriter I’ve spoken to that’s a Freddie Mac guideline!

But let’s do the fair market value route, shall we?

I told you ARV is about $128,500 – $130,000. Let’s take $130,000 and subtract the repairs at retail. Now we are down to about $122,000. But that’s if you can find buyers who don’t mind repairing anything without added benefit. What’s that worth? No one can really say. But in a market full of homes for sale, let’s just say $5,000.

Now we are at $117,000. (In case you think I’m not being fair there is another REO in that neighborhood in similar condition that is still for sale after 90 days on the market, for $115,900. ) So let’s put it on the market at $119,900 What’s the cost of an additional 90-120 days (if they are lucky) sales time? Don’t forget admin, winterizing, inventory and other costs. $3,000?

Also, let’s not forget two things;

  1. No one will pay list price. If someone can get another home $3,000 less in about the same condition, why wouldn’t they?
  2. REALTORS. Now you have two agents to pay. Not just one.

But let’s figure this. Sales price of $114,000. (On a great day!) minus the extra holding costs of $3,000 and the selling agent fee of (2.0%) $2,280 and the buyer’s agent fee (3.0%) of $3,420 and you have left $105,300.

How is that better? And that’s if they get a good price for the home.

Now congress wants to bail out more bad mortgages. From the looks of it, that might be a better idea than letting Freddie Mac make business decisions.

In the mean time this single mom gets screwed again. This time by the people who are there to “help” the mortgage market. She’ll have to move, again. Lose her initial investment. Make her kids go to another school. Shall I go on.

Glad we have policies in life. They really help people who cannot think independently.

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Real Estate & Investment Related Reading

I thought I would take a moment and share some reading worth reading.

Here is a real estate investor site that I found not too long ago that I kinda dig. It’s raw, emotional and experience based. Take a leap on over to Building An Empire.

Yasgur’s Farm is for sale. Of course, everyone under 30 asks “Who the heck is Yasgur?”

If you want to read an investor’s blog where the author has an uncanny ability to cut through the bullsh%t, then you might want to go on over to Lording the Land. I think I’ve mentioned him before and he’s not for the feint of heart…

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Real Estate Investing Is A Lot Like Sex

Real estate investing and sex have a whole lot more in common than you might imagine.

  • Everybody at least wants to try it.
  • You can read about and research it on the internet, but sooner or later you just have to try it.
  • Nobody does it right the first time.
  • You get better as you go along.
  • No matter how good you get you sometimes regret it.
  • Both can end up costing a lot of money.
  • Both can end up being very rewarding.

One of the major advantages of real estate investing, however, is that you can have a personal coach right there with you to help you avoid the pitfalls. (I suppose you could in sex, too, if that was your thing.)

Other advantages might be that once you’ve sold a rental house, it’s gone. It probably won’t tell all the other rental houses what a lousy landlord you were.

Or that you never took the time to get the house properly ready for action.

Or that you’re cheap and never spent a dime once you got what you wanted. (I’m talking about the rent. Get your mind out of the gutter.)

Make no mistake about it. Both should be tried in life. Just keep trying till you get it right.

Other comparisons are welcome in the comments section. But keep it clean, this is a real estate investing blog…not, well, you know.

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Frankly My Dear, I Don’t Give A Damn

At parties people ask me what I think of all the bad news about the real estate market. At grocery stores people ask. At a reunion party for one of my son’s social groups tonight people asked.

Frankly, I’m getting tired of answering. I’ve gone through this before. Here in Kansas City we didn’t get the 15%-20% appreciation rises they got on the coasts. Why do you think we should get the same size corrections they speak of on CNN, MSNBC and Fox?

Jeez. Here’s the deal. If you don’t need to move, don’t. If you do need to move, do. Why is it going to matter? If you are losing on the selling side a case can be made you will more than compensate for that on the buying side. And three years ago is as irrelevant now as three years ago was to that time period then.

If you are a real estate investor you can either sit on your hands and watch the market worrying yourself to death or you can get in the game. Want to know something? If you wait three years the market might, or might not, be hotter than now. How is that a good thing while you are in buying mode?

One of the best pieces of advice I ever got was a guy that told me “start where you are.” It’s fun to talk about shoulda’s and woulda’s and coulda’s. I do it all the time. But FIDO. (Forget It, Drive On.)

Here’s my last point and then I’ll stop. Tomorrow, in a good market or down market or par market, I’m going to get up and go to work. From there, things seem to work out. Ad astra per aspera.

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Equity Share For Kansas City Real Estate Investing

We all learned from a young age the importance of sharing. But now I want to talk to you about sharing in a matter than can be profitable to you and me. I’m talking about Equity Sharing for Kansas City real estate investing purposes.

This blog is blessed with readers from around the country. The readers are usually very interested in real estate investing in particular and have a passing curiosity or serious interest in Kansas City. And I’m fully aware that the reason some readers have never pulled the trigger on a Kansas City investment property is because they are wary of the “hassle” owning an investment property a number of miles from their home.

In short, they don’t yet trust their ability to find the right property or the right property manager and they don’t want to have to come into town to clean things up or worse, to have to liquidate the property quickly at a loss because things haven’t worked out. Real or not, those are real fears.

THE PROPOSAL

Here is what I propose. Right now I’m looking for 1-3 real estate investors who have the money but not the time to purchase and own more real estate investments. You will qualify for the mortgage, put in the money for the down payment (10% minimum), pay the closing costs and put 3 months operating expenses in a checking account to cover the income property’s cash needs for the duration of the equity share. Total cash outlay will be expected from $15,000 to $35,000, depending. After closing a quit claim deed granting me a 50% Tenant-in-Common share to the rental home.

My responsibilities will be to carefully select the right investment property to purchase and to sell you on why this rental property won’t cost you any additional funds. In essence from that point I act as landlord. I will screen and select tenants, manage the month-to-month operations of the investment property and report to you as often or as little as you wish for the duration of the equity share.

During the duration of the equity share YOU take all the tax benefits afforded an investment property owner. We keep the monthly cash flow in the operating account and at the end of the year the excess cash flow, if any, goes to me. If there is a buyer’s and/or seller’s commission when we liquidate that is mine.

At the end of the pre-determined equity share duration (5-7 years or when we reach a decided equity threshold) we will liquidate the property. When the sale is complete you will receive your entire investment back first. Then any of my real costs will be reimbursed. Whatever remains, we split 50/50.

THE BENEFITS

Money Man benefits include;

  • Safe real estate investment in the stable economic environment of Kansas City.
  • Safe real estate investment with an experienced real estate investing real estate agent.
  • Passive growth within a reasonable window of time.
  • All tax benefits afforded residential investment property owner.

My benefits include;

  • No money out of pocket.
  • Own shares of properties using just my knowledge and experience.

SUMMARY

Of course we would put all this down on paper with the help of a qualified real estate attorney. But basically, you’ll supply all the money, I’ll supply all the time and we’ll both reap above average returns in a rather failure proof manner.

To read how others utilize the equity share arrangement (to prove I’m not off my rocker?) you are welcome to visit here and here. And do your own research. For a basic cold water in the face approach see here. Hey, I’m just trying to give you the ups and downs so you can make an educated decision.

I look forward to hearing from you.

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