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Old 07-16-2013, 02:56 PM
 
Location: North Idaho
32,632 posts, read 47,964,911 times
Reputation: 78367

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The real estate market is turning upward in many locations and people who were not too badly underwater can now sell and at least get out from under, even if they can't make a profit.

Good for you, OP, for making sure your seller got out of the sale in a fair manner.
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Old 07-16-2013, 03:02 PM
 
Location: North Idaho
32,632 posts, read 47,964,911 times
Reputation: 78367
Quote:
Originally Posted by highlife2 View Post
I have been talking to people that do investment properties and they said that forming an LLC or some other buisness entity to buy the house is the best bet that way if things go south the LLC can declair bankrupcty and your personal assets are not tied to the bankruptcy. ...................
You can not get a mortgage without someone to personally guarantee the mortgage. So, no, you can not get a mortgage in the name of an LLC and just walk away. The banks aren't really that dumb.

Only very established corporations can get a loan in the name of the corporation, and they must show the ability to pay it back. Normally, someone has to personally guarantee the loan even for a corporation.

What your people are talking about, highlife, is liability. The house goes into the name of an LLC and if you get sued, your personal assets aren't at risk in the lawsuit.............. unless, of course, they have an excellent lawyer because LLC's can be broken.
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Old 07-16-2013, 03:33 PM
 
4,463 posts, read 6,225,995 times
Reputation: 2047
Quote:
Originally Posted by oregonwoodsmoke View Post
You can not get a mortgage without someone to personally guarantee the mortgage. So, no, you can not get a mortgage in the name of an LLC and just walk away. The banks aren't really that dumb.

Only very established corporations can get a loan in the name of the corporation, and they must show the ability to pay it back. Normally, someone has to personally guarantee the loan even for a corporation.

What your people are talking about, highlife, is liability. The house goes into the name of an LLC and if you get sued, your personal assets aren't at risk in the lawsuit.............. unless, of course, they have an excellent lawyer because LLC's can be broken.
This is really the issue and probably part of the reason why the economy is stalling, that and our really weak patent laws. Who wants to do buisness where your ideas are up for grabs and your exposed to massive liability if the lawyer does his homework.
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Old 07-16-2013, 05:10 PM
 
Location: Barrington
63,919 posts, read 46,702,516 times
Reputation: 20674
Quote:
Originally Posted by highlife2 View Post

Realtors that can get their clients money or break them even are the real realtors. The ones that ask the client to write a check are the worthless ones.....
I have not yet had a client who had to write a check at closing, I choose not to list short sales and I do not agree with your position.

Most folk with upside down mortgages remained current on their mortgage payments and had/have no interest in short selling or a foreclosure. If they have to move, what they paid, how much equity they previously took out of their home, need or want out of the sale has no bearing on what the market will bear. And sometimes, sellers have to write a check to move on.
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Old 07-16-2013, 05:15 PM
 
Location: Barrington
63,919 posts, read 46,702,516 times
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Quote:
Originally Posted by chet everett View Post

If somebody grossly overpaid right at the peak .
Chet, I agree with your premise except for ^.

When the market declines, it sure does "feel" like one overpaid. Having said this, buyers generally pay fair market value at the point of sale.
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Old 07-16-2013, 05:18 PM
 
Location: Barrington
63,919 posts, read 46,702,516 times
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Quote:
Originally Posted by Rakin View Post
I just take the price the owner paid for the house and add 20% for every year he's lived there.
I also add the cost of every cent spent on maintenance and improvements.

Long time owner who has replaced the roof twice- no problem. That spiff new kitchen in 1988- no problem.
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Old 07-16-2013, 05:21 PM
 
Location: Barrington
63,919 posts, read 46,702,516 times
Reputation: 20674
Quote:
Originally Posted by highlife2 View Post
If you can negotiate a short sale then you can be the wizard, you would be worth your weight in gold as a realtor. If you cant and try to shame the seller into writing a check your are just another worthless fly by night realitor who got their license out of a cracker jack box.

There are good realtors out there that can negotiate short sales and save their clients rear ends, you just don't sound like your one of them based of your condescending post.
You assume most sellers are willing to walk away from their promise to repay their mortgage when it's convenient to do so, regardless if they have assets.
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Old 07-16-2013, 05:43 PM
 
Location: DFW
40,951 posts, read 49,150,612 times
Reputation: 54995
Quote:
Originally Posted by middle-aged mom View Post
I also add the cost of every cent spent on maintenance and improvements.

Long time owner who has replaced the roof twice- no problem. That spiff new kitchen in 1988- no problem.
Few years ago I had a potential client who wanted to raise the list price of his home 1% every time he made a house payment.

Never did figure out that philosophy. I did not take / get the listing.
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Old 07-16-2013, 05:50 PM
 
4,463 posts, read 6,225,995 times
Reputation: 2047
Quote:
Originally Posted by middle-aged mom View Post
You assume most sellers are willing to walk away from their promise to repay their mortgage when it's convenient to do so, regardless if they have assets.
If you lost your job and you dont want to loose everything you have ever worked for becuase of an underwater home then yea I will want to find a way out of that situation.
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Old 07-17-2013, 10:08 AM
 
1,835 posts, read 3,264,190 times
Reputation: 3789
Quote:
Originally Posted by highlife2 View Post
If you lost your job and you dont want to loose everything you have ever worked for becuase of an underwater home then yea I will want to find a way out of that situation.
Stated another way - my problems should not be my responsibility, but rather the responsibility of someone else who believed the promise I made to them, when I had not intentions of keeping those promises.

Just because you lose your job, does not mean that everyone who loaned you money should lose theirs. If you do not want to risk losing the things you have worked for it is very simple - NEVER EVER borrow money. Your problem is not, and should not be, other peoples problems. You seem very entitled.
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