Real Estate Fraud Red Flags

fraud

Today I spent 3 hours in class over at the Kansas City Regional Association of REALTORs.  It’s a required class and mostly review.  But I did like that the handout had these following red flags:

  • Assurances not to worry about the appraisal.
  • Silent Second Mortgages, Texas Earnest Money (i.e. a seller carry-back that is forgiven at closing).
  • Promises to the buyer that the property will be leased or rented in behalf of the buyer and the loan payments, insurance, etc. will be covered.
  • A new immigrant is told to use someone else’s social security number.
  • Certain items are omitted from the HUD-1 closing statement.
  • Advance down payment amounts which are falsely represented as being paid by the borrower.
  • Quit claim the property back to seller or co-conspirator without notice to or permission from the lender.
  • Resubmission of the listing to MLS for a higher list price so it will coincide with the inflated contract.
  • There are an unusual number of addenda to the purchase contract.
  • Last minute invoices are submitted to the closing agent.
  • Unusual expenses are paid by the seller, such as large repair charges, and/or charitable donations.
  • Lenders or mortgage broker not willing to commit something to writing.
  • Mortgage broker does not want real estate professional to contact lender or investor to alleviate concerns.

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Kansas City Perceptions

Los AngelesSpending four days in Los Angeles was quite an experience.  I’ve written briefly about my trip there in previous blogs.  What I haven’t told you was the curiosity that west coast real estate investors have with Kansas City.  And their perceptions of Kansas City can be very eye opening.  Some are rooted in fact.  Some are rooted in the very fiction created on film there.

I have a few clients that are Los Angeles based.  They own duplexes, fourplexes and single family homes.  Three have visited the city.  One hasn’t.  And still others either grew up here or have a brother, sister or whatever that lives here.  Still, we are all products of our environment.

When I lived in Suburban Maryland (DC) I thought nothing of commuting thirteen miles to work…and spending an hour and fifteen minutes in doing so.  Nor was I ever surprised by self-important people or the endless amounts of wealth on display.  Power and hurried-ness are very much the culture in Washington. 

In LA I could feel the laid back attitude (unless behind the wheel) within an odd mixture of electricity, money and fame.  I spoke with working folks who can’t afford their own homes, the real estate investors who simply cannot afford to buy local rental properties and those investors who have watched their equity positions shrink drastically over the course of the last 12-15 months. 

Kansas CityKansas City is more than 1/2 a continent away from those two cities.  It’s another world.  We are not backwards here.  Nor are we the cow-town depicted in the movies.  But we are a product of the heartland.  A place where nothing too exciting ever happens but where hopes and dreams grow and are nourished with care.  Many of our young grow up and do great things in Kansas City.  Many more move on to other parts of the country to seek fame and fortune.  That’s just part of life here.

Investing in real estate in Kansas City is different, too.  As we would read about double digit appreciation all we could do was sit and wonder.  And just as distant to Kansas City is the bursting real estate bubble where values fall in large percentages to the home’s value.  

To be sure we get our appreciation and we get our buyer’s markets.  But with jealousy and then relief we watch those on the coasts and realize what we have here.  And what we have here is:

  • Stable real estate growth.
  • Very predictable appreciable growth patterns.
  • Excellent school districts.
  • One of the most sparsely populated metropolitan areas in the country.
  • Excellent highway system that other cities dream of.
  • A solid mixture of technology, manufacturing, industrial, service and transportation jobs.  In fact, every Fortune 400 company has a branch here in the Kansas City area.
  • Disposable capital that growing companies dream of.
  • A good, educated work force.
  • Rent ratios and vacancy rates that make a real estate investor drool.
  • Low crime rates.
  • A family orientated quality of life.

SprintMany of those listed bullet points were the answers to the questions I was asked throughout my trip.  Real estate investors, especially the smart ones, are after more than just the Cap Rates and Rates of Return.  They want to know who their tenants will be and the likelihood that those tenants will be stable enough to buy them a property. 

I think that if you’ll come to Kansas City you’ll like what you find.

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Los Angeles, Boston Legal & Going To Kansas City

It’s late at night and out flight leaves in hours.  So I’ll keep this short…

I’ve spent 3 full days in Los Angeles now and I am more convinced than ever that Los Angeles area real estate investors should be moving at least part of their holdings out of town.  There is no question in my mind that Los Angeles is a fabulous place to live and work.  But the real estate values in relation to the rents just doesn’t justify the effort and or risk.

***

sany0514.jpgDoug and I spent 7 hours on the set of Boston Legal tonight.  The experience was fantastic and made better by the fact that we were very well cared for by two ladies that my contact knew.  They gave us the tour.  They let us sit in with the Directors and Producers while the balcony scene was being filmed.  We got to sit in on rehearsal for the restaurant scene. 

Then we got the best seats in the house for extras.  Our table is right next to Denny Crane (William Shatner) and Alan Shore (James Spader) and the new female character.  I don’t want to give away the dialogue but in real life I would have spit my wine half way across the restaurant when what was said was said. 

***

I’m on my way back to Kansas City in the morning.  I’m anxious to get back to work.  There are opportunities out there that need exploiting and I’m just the man to do it. 

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Not That There’s Anything Wrong With That

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I’m in Los Angeles.  I’m combining business of real estate investing with pleasure of sightseeing.   

  1. I’m meeting with REI clients and prospective clients.
  2. I’m going to the Kansas v USC basketball game today.
  3. I’m going to be an “extra” on Boston Legal tomorrow.

With a trip like that my best friend since childhood decided to join me.  We booked the trip through Fun Jet as a package deal and got the basketball tickets and I set up my meetings and we were off! 

We are staying in West Hollywood.  It’s a very romantic place…if you are a guy looking for a guy.  Because the area is nearly devoid of girls!  As Doug and I walk down the street I can tell people think we are a cute couple.  But the worse part is, we ate out yesterday and the waiter brought Doug the check, not me!  wgg.jpg

Anyway, after that experience I needed to get up to the Sunset Strip so we could go to the fabled Whiskey A Go Go.  Had a great time. 

But I thought you’d enjoy knowing I’ve been outed.  And I wasn’t even in.

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Patience Is Not My Strong Suit

untitled.jpgI’m learning patience with each and every day.  Raising four kids, being married and working in the field of real estate investing will humble the average person.  Those three will teach you patience.  I’m not an eager student.  But I’m learning.

Right now I have a deal that was supposed to close last Wednesday.  Maybe it’ll close Monday.  Probably next Wednesday.  I’m a Type A personality.  I think 9:00 means 9:00.  Not around 9:25 or 9:29.  The whole transaction is out of my hands and control right now.  It’s in the underwriter’s hands.

And that’s the problem.  They are seemingly not worried about the property’s value or the qualification of the buyers.  No they are calling me and arguing with me about how KCRAR contracts are filled out.  About whether my signature is in the right place.  They are asking for secondary copies of the Covenants.  They are making crap up to justify their due diligence.  This lending environment sucks.  It encourages busy bodies to look busy.  🙂

But I’m handling it pretty well.  A few years ago I would have had to make another trip to Sprint to get my phone replaced…again.  Now I just mumble under my breath and figuratively bang my head on the wall. 

Here’s hoping that the underwriting department can finally devote 20 straight minutes to reviewing the file on it’s actual merits.  You know:

  • The clients with the high 700’s credit score.
  • The 20% down plus closing costs paid by the buyer.
  • The fact that each property is being purchased at least 10% under market rates.
  • The 100% occupancy.

You know, the silly little things.

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Is This Agent Dishonest or Incompetent?

This post could have been titled Why You Cannot Trust Your REALTOR.  But either way, I thought we would take a moment and look at a classic case of serial incompetence or dishonesty.  I don’t know which it is.  You be the judge. 

Editor’s Note:  It’s interesting to me that this photo will no longer post.  Hmmm.  I erased the photo on my hard drive after having posted it.  But now the WordPress version will not show no matter what I do.  Of course, I could redo the photo.  But why bother.  The point is still the same.   If you are working with a real estate agent regarding real estate investments in Kansas City, or anywhere, work with an agent that understands real estate investing.  Simple as that.

Let’s look at this actual listing on the Heartland MLS that serves the Kansas City area.  I’ve marked through the address, agent name and info that doesn’t concern you.  Suffice it to say that the agent is one that has been in business for years, sells numerous duplexes, fourplexes, etc.,  Yes, the agent works mostly in the investment side of real estate and still does crap like this.

You will see Gross Income is represented at $31,900, Gross Expenses at $2,640 and Cap Rate as 9.  (To see a good definition of Cap Rate go here.)  If I were an investor looking for a Cap Rate in Kansas City between 8 & 10 I’d be all over this.  I’d give the guy/gal a call.  Heck, if I was from out of state I might even make an offer sight unseen to make sure I got it under contract. 

But is the Cap Rate really 9?  If you followed the link you know that Cap Rate is simply the ratio between cash flow & cost.  Cash flow is determined by adding all the income and subtracting all the expenses.  Let’s concentrate on the expenses here. 

Look at the top right hand corner next to the arrow and check mark in red.  You’ll see HOA dues are $220 per month.  That’s neither good nor bad.  Depends on what you get.  But if you multiply that times 12 you come up with the $2,640 the agent has marked as Gross Expenses.  So we’ve already hit his/her expenses total and we haven’t added repairs, maintenance, capital improvements, property management, insurance, etc. 

What’s worse is we haven’t even totaled all the other expenses he/she has listed!!!  What are those you might ask?  Look at the taxes check marked in red at the top right at $2,856.  Then, just to the left, you will notice vacancy listed as 95%.  Probably not exactly true, either.  But an un-producing unit is considered an expense in my book. 

Just by adding up HOA of $2,640, taxes of $2,856, vacancies at 5% for another $1595, insurance probably around $1,800 and let’s say at least $2,000 for improvements (I’m being kind, very kind – remember the building is 41-50 year old) and we have expenses of $10,891.  Subtract that from $31,900 and you have $21,009 income before debt service. 

Now divide that $21,900 by the asking price of $339,990 (we’ll hope the seller is paying all closing costs) and you have a Cap Rate of 6.2. 

How does that sound compared to 9? 

Listen.  I hesitate to call anyone dishonest or incompetent.  But it can only be one of the following considering this agent isn’t new to the business:

  1. A fundamental misunderstanding of how to calculate returns.
  2. Choosing to remain ignorant of how to calculate returns on investment property.
  3. A desire to bait & switch a potential real estate investor.
  4. Dishonesty.
  5. Using an untrained assistant to enter information therefore showing a lack of oversight ability. 

I’m not nitpicking here.  This is big stuff.  And it’s consistent through all of this agent’s listings.  Plus, I’m still pissed off the agent didn’t ever call me back on one of their listings despite the fact that I called 3 or 4 times over the course of a 48 hour period several months ago. 

If you are a real estate investor you need to be darn sure the agent you choose to work with is both competent and honest.  You cannot possibly know the latter for sure.  But you can quiz on the former.

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“This Property Really Cash Flows” & Other Dubious Real Estate Investment Sayings

I have a pet peeve.  Actually, I have more than one.  But real estate investing sayings drive me nuts.  For fun, I thought I would mention a few that I can think of right now.  Your comments and additions are definitely welcome! 

piluso3.jpgIn fact, the commenter that comes up with the best additional stupid real estate investment (or any kind of real estate is fine)  saying is going to win an autographed Christmas card from me and quite possibly, James Spader and William Shatner.  No joke.  I’ll be “hangin’ with the boys” on Monday.  But I can’t speak for them.  🙂

  • “This property really cash flows.”  (Really?  How much down?  What are the rents, expenses and growth projections?)
  • “All it needs is carpet and paint.” (If you didn’t notice that the roof is 50 years old.)
  • “Can’t miss.”  (No comment.)
  • “Every house on the block gets (fill in false number here) for rent.”
  • “The only expenses are taxes and insurance.”  (Sure.  And Santa Claus is real.)
  • “Rents easy.” (Only sorority girls…I better stop.)
  • “I have good credit but…”  (Run!)
  • “Turn key.”  (How much work do I have to do to make it turn-key?)
  • “Here is a pro forma.”  (In a library, pro formas would be filed under FICTION.)
  • “Maintenance free.”  (Nothing about a house, any house, is maintenance free.)

There are ten.  Now I’d love to hear from you.

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