the profit newsletter for atlanta reia - march 2013

7/29/2019 The Profit Newsletter for Atlanta REIA - March 2013

1/322013 Atlanta REIA, LLC. All Rights Reserved. Quotation and reprint are not allowed without written permission of the publisher. http://AtlantaREIA.com

Atlanta Real Estate Investors Alliance MAR 2MAR 2013

2013 Atlanta REIA, LLC. All Rights Reserved. Quotation and reprint are not allowed without written permission of the publisher. http://AtlantaREIA.com

Atlanta REIA, LLC2700 Braselton Hwy, Suite 10-183

Dacula, GA 30019P: 678-701-7160 F: 770-216-1560

[email protected]://atlantareia.com

Getting Started with Subject-To Transactions?

By Don DeRosa ...................... ....................... ....................... .... 1

Atlanta REIA Welcomes WGC Commercial Lending

By Jef Nix ...................... ....................... ....................... ............ 2

The Best Deals To Do in Real Estate in 2013 & Beyond! Part 3

By Tony Pearl ..................... ....................... ....................... ........ 7

Are Sel Directed IRAs Sae?

By Jim Hitt ..................... ....................... ....................... ............ 8

Why Real Estate Investors Need Constant Training

By Bill Cook .................... ....................... ....................... ............ 9

How Banks Are Committing Fraud, Part 1

By Bob Massy .................... ....................... ....................... ...... 10

The More I Give, the More I Get! Is That Really True?

By Erven Kimble ..................... ....................... ....................... .. 12Auctions

By Michael Vazquez ....................... ....................... ................. 13

Three Good Ways To Find Pretty House Deals, Part 1 o 3

By Ron LeGrand ..................... ....................... ....................... .. 14

Are You David or Are You Goliath?

By Russ Hiner..................... ....................... ....................... ...... 15

Understanding Lender Options Upon Real Estate

Loan Deault, Part 1 o 2

By Jon David Hufman ...................... ....................... .............. 18

How Do I Upgrade to QuickBooks 2013?

By Karen Bershad ...................... ....................... ..................... 19

Where Do I Find the Best Direct Mail Lists?

By Kathy Kennebrook ..................... ....................... ................. 22

Facts About Loan Modications

By Kimberlee Frank .................... ....................... ..................... 24

Do Most Real Estate Investors Really Know What a Good Deal Is?

By Larry Harbolt .................... ....................... ....................... .. 27

Getting Started in Multiamily Part 2

By Bill Ham .................... ....................... ....................... .......... 28

Membership Application ......................................................30

Meeting Calendar .................................................................31

Calendar o Events ................................................................32

IN THIS ISSUE

Congratulations you made itthrough the winter and springis on its way! I think spring isa perfect time to take an inventory ofyour real estate investment tools. Andif youve been sitting on the sidelines,wondering if real estate investing is foryou, spring is also a great time to divein! Either way, its a good time to getback to basics. Today, lets focus on oneof my favorite investment techniques:

subject to mortgages.

Most of you know that when you buya house, you usually receive a warrantydeed, which givesownership of a pieceof property. If yourepaying all cash fora property, you justexchange the cash forthe warranty deed. Sofar so good.

But if you dont have

all the cash, you haveto borrow the money.Most of you know howthe typical mortgageloan works: BuddyBanker says, Sure,

just sign this promissory note that saysyoull pay it all back. In return, youget a security instrument that saysif you dont pay the promissory note,the bank gets the property. In moststates, that security instrument is themortgage (In Georgia, we use securitydeeds). That mortgage, when itsrecorded, creates a lien on the property.In other words, the bank puts everyoneon public notice that if the owner sells

or transfers the property, the bank hasto be paid off rst.

Getting Started with

Subject-To Transactions

Don will be teaching you the New Subject To real estate investment strategy at

Atlanta REIA on March 4th. Don will be back or a 2 Day Boot Camp on Buying Houses

Subject To on March 23rd and 24th. Join us and learn how to put this protable

investing technique to work or you. See http://atlantareia.com or more inormation.

By Don DeRosa

BringYourBusiness

Cards&Flyers

MAIN MEETING

Monday, Mar 4thCrowne Plaza Ravinia Hotel

4355 Ashord DunwoodyAtlanta, GA

5:30pm - 9:00pm

The right tool for the job ~ slogan for True Temper Tools

continued on page 11
mailto:[email protected]://atlantareia.com/http://www.meetup.com/AtlantaREIA/http://www.youtube.com/AtlantaREIAhttp://www.twitter.com/AtlantaREIAhttp://facebook.com/AtlantaREIAhttp://atlantareia.com/mailto:[email protected]



Atlanta Real Estate Investors Alliance MAR 2

Atlanta REIA Main Meeting

Business MeMBer spotlight

WGC Commercial Lending isa National full service com-mercial nance company,

providing all types of commercial realestate and business nancing to realestate investors and small/medium sizebusinesses. WGC provides nancingacross four major categories which are;commercial real estate, general smallbusiness loans/lines of credit, equipment

leasing and asset based lending. Thecompany has the ability to provide -nancing for transactions that range fromas small as $500 to over $500M depend-ing on the type of transaction.

WGC is led bymanaging partnerCharles Williams.Charles has 15 yearsof strategy and -nance experience

working with small businesses up to For-tune 500 companies. He has assisted orga-nizations in developing and implementingbusiness and nancing strategies to growtheir top-line as well as their bottom line.Charles is a graduate of West Point andhas a MBA from Kellogg (NorthwesternUniversity).

Financing Programs orReal Estate Investors

Specically for commercial real estate in-

vestors, WGC Commercial Lending pro-vides several nancing programs such, butnot limited to, construction loans, con-ventional nancing, renancing, cash-outrenancing, SBA, and bridge/hard moneyloans. The company just launched a newnancing program offering credit lines for

real estate investors ranging from $50K-$150K. These credit lines are unsecuredand can be used for residential and com-mercial real estate investing.

WGC recommends the following generalguidelines for obtaining commercial realestate nancing:

Capital Needed An investor should

clearly articulate how much money theyneed and how the funds will be used aspart of the transaction. Also, the inves-tor should have an initial idea of the typeof nancing (i.e., conventional or bridge)they are seeking and their rational forseeking this type of nancing.

Commercial Property Profle Inves-tors should obtain as much informationabout the property as possible. This in-formation generally includes items suchas 3 years of tax returns, property nan

-cial statements, rent rolls, pictures andrecent appraisals.

Investor Profle Commercial lendingcompanies will want information on anyinvestor who will own 20% or more ofthe property. This information generallyincludes 3 years of personal tax returns,Personal Financial Statements, credit re-ports and a brief bio and/or resume.

WGC also suggests that the investor de-

velop a 1 to 2 page executive summarythat includes aspects of the 3 guidelinesmentioned above.

For more information about how WGCcan assist you in nancing your real estatetransactions, please contact Charles Wil-

liams at 678-831-4498 or [email protected]. You can also visit the com-pany web site at www.wgclending.com.

Would You Like to ExposeYour Business to More Active

Real Estate Investors?

Do you own a business that could ben-et from a whole new segment of clientsor new customer base? You too could bea Business Member of Atlanta REIA. OurBusiness Memberships are designed togive your enterprise as much exposure aspossible to our members, guests and fol-lowers based on your membership type

(Silver or Gold) and your ongoing level ofparticipation within our group. The moreyou participate, the more benet youbusiness will receive. All we ask is that youparticipate with our group as much as pos-sible and consider offering our membersreasonable discounts for your products andservices.

Find out today if your business qualieand if you can benet from associatingwith Atlantas most progressive real estateinvestors. Call or email me today to re-

ceive a free report, 20 Ways to Get YourBusiness Involved with Atlanta REIA.

Comment on this article online athttp://atlantareia.com/?p=19312

Atlanta REIA WelcomesWGC Commercial LendingBy Jeff Nix,

Director of Business Membership
http://atlantareia.com/http://atlantareia.com/http://subject2.atlantareia.com/


3/32This offer expires soon.RSVP Now an Save!

Register Online at http://subject2.atlantareia.com

GoldMembers

$149*

SilverMembers

$199*

Non-Members

$299*

Early Registration Special*Register Now & Save!

Making a Fortune BuyingHouses with No Money

and No Credit

*PLEASE NOTE: Workshop prices will increase to $199/person or Gold Members, $249/person or Silver Members and $349/person or Non-

Members ater early registration expires. You may bring a spouse or adult child or 1/2 of tuition cost. Non-Members can join Atlanta REIA as

a Silver or Gold Member prior to registering or this event and save big time. You can join Atlanta REIA at http://membership.atlantareia.com.

Don DeRosa presents

March 23 & 24, 2013 rom 8AM - 5PMat the Crowne Plaza Ravinia, 4355 Ashord Dunwoody Road, Atlanta, GA

Lan ho to buy houss so...4 You dont need credit

4 You dont have to sign personaally on a note4 You never have to qualiy or a mortgage

4 You dont have to have any money

Bgnn o xpncd al stat nstos can nd

mmdat succss usng my smpl omula. Th a sx

asy stps to ollo hn buyng Subjct to.

1. Locatng Slls

2. Pscnng Slls

3. Constuctng Ofs4. Psntng Ofs

5. Fndng th Mony

6. Sllng Houss

Onc you lan to ollo ths stps, you can do ths o and

o agan o an aag pot o o $20,000 p popty.

A Few OF THe TOPiCS we wiLL COver:How to ocus on what matters most in the beginning

Creating a business plan that ts your budget

How to track your progress

Learn the ve ways to prot in real estate

Top ve advertising techniques that work every time

Find the easiest ways to attract motivated sellers

Twenty questions you should always ask a potential seller

Diferentiating between a need to sell and someone who wants to se

How to prepare paperwork as i you were an attorney

Learn the top ve negotiating tactics to get sellers to say yes

Find all the private money you need without putting loans in your na Land Trust how to use them efectively

Avoiding the due on sale clause

How to pick the right kind o hazardous insurance

Exit strategies that will not only make you lots o money today, but m

you wealthy long term

And much, much more. . . including answering your questions!
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Do you want to play the real estate investing game but dont know where

to start? Do you have little or no cash or credit? Want to avoid risk, repairs,

tenants and toilets? Want to buy houses with no money?

Wholesaling is a great strategy or making quick cash, low risk, without the use o your credit, income, o

money. Wholesaling real estate is among the most popular investment strategies because anyone can dit you dont need a real estate license or a lot o money to start. And once you start, with a little eor

its nearly impossible to keep the money rom pouring into your bank account.

I you want to learn how to wholesale houses and get paid within 30 days ater you put a hous

under contract, you should consider attending our 3rd Annual Wholesaling 101 Workshop with Russ Hiner o

March 30th, 2013 rom 9AM to 5PM (Keller Williams Oce, 315 W. Ponce de Leon Ave, Suite 100, Decatur, GA). This class has solout very quickly in the past since we only hold it once a year, so be sure to reserve your seat beore they are all gone.

At the workshop, Russ will teach you the wholesale strategies you need to succeed and take you step-by-step through the entirprocess o how to wholesale real estate. All applicable orms and agreements with lled out examples are included.

Register or this training session i you want to learn:

H How to nd the best wholesale real estate dealsso you can get them closed quickly.

H How to determine deals rom no deal. How notto get stuck!!!

H How to create a property inormation sheetto get the largest prot or every fip andassignment you do.

H The critical questions to qualiy potential buyersand sellers that make all the dierence.

HWhat to include in the contracts and agreementsto make sure the deal works every time

H How to answer the phone when it r ings and askthe right questions.

H How to structure the deals correctly rom startto nish to generate quick cash without risk

H The tips and costly pitalls to avoid whenWholesale houses, real estate wholesaling anddoing assignments

HHow and where to nd thousands o buyerswithout depending on local connections orwholesaling.

HUse wholesaling to create cash to pay o thosecredit card bills, vacation, or buy investment

property.

H All this and much, much more!

This offer expires soon. RSVP Now an Save!

Register Online at http://wholesaling101.atlantareia.com

GoldMembers

$29.95*

SilverMembers

$44.95*

Non-Members$59.95*

Early Registration Special*Register Now & Save!

Wholesaling 101 Workshop

Keller Williams Oce, 315 W. Ponce de Leon Ave, Suite 100, Decatur, GA

The best part about wholesaling properties is that you dont get bogged down with tenants, toilets, or holding costs. Its all abou

nding a motivated seller, putting their house under contract and then selling the house to a motivated buyer or instant prot anmoving on to your next big deal. Register now and come learn how to get started wholesaling real estate so you can make all you

nancial dreams come true.

PLEASE NOTE: Workshop prices will increase to $39.95/person or Gold Members, $59.95/person or Silver Members and $79.95/person or Non-Me

ter early registration expires. Non-Members who join Atlanta REIA between now and March 22, 2013 can attend the workshop or FREE. When j

Atlanta REIA, please indicate that you want to attend the workshop at no charge. You can join Atlanta REIA at http://membership.atlantareia.com.
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www.Facebook.com/AtlantaREIAKeep up to date with our latest opportunities by joining us on Faceboo

LEGAL DISCLAIMER: Atlanta REIA, LLC promotes practical knowledge of real estateinvestment though education, discussion and networking. The information, views andopinions expressed in the publication do not necessarily reect the views, policies andopinions of Atlanta REIA, LLC or any of its members and sponsors, nor does mentionof certain trade names, products, services, individuals or organizations imply endorsementby Atlanta REIA, LLC or its members or sponsors. The information presented in thispublication is made available for informational purposes only and is not to be construed

as nancial or legal advice which should only be obtained through a competent attorney,accountant or other qualied professional advisor. Atlanta REIA, LLC does not pre-qualify,evaluate, endorse, guarantee or warranty any particular deal, service, company, or person.Atlanta REIA, LLC recommends you perform your own due diligence and seek appropriatelegal, accounting, or other professional advice before making any investment. AtlantaREIA, LLC disclaims any and all liability for any actions or inactions taken by readers ofthis informational material or as a result of communications from or to its ofcers, directors,employees, contractors, partners, members, sponsors and afliates.

2700 Braselton Hwy, Suite 10-1Dacula GA 30019

P: 678-701-7160 F: 770-216-1E: [email protected]: http://AtlantaREIA.com

Atlanta REIAs mission is to help insure our members real estate success by providing afordable, quality realestate investing education; requent, un real estate networking opportunities; and ongoing community outreac

programs to help build, renovate and repair homes or needy Atlanta amilies while improving our local communit

Dustin GrinExecutive DirectorP: 678-701-7160F: 770-216-1560E: [email protected]

Christine GrinAssistant DirectorP: 678-701-7160F: 770-216-1560E: [email protected]

Je NixDirector o Business MembershipP: 678-776-8861E: [email protected]

Gordon CattsDirector o Programs, Leader o Movers & Sh akers,Atlanta REIA South & Mountain REIAP: 404-454-3567E: [email protected]

Alan McDonaldDirector o AVS, Leader o the Beginning InvestorsGroup & Cashfow GroupP: 770-369-0446E: [email protected]

Joe ThompsonLeader o Haves & Wants Meeting and SpeedMarketing SessionP: 770-403-3227E: [email protected]

Karen BershadDirector o Membership & Leader o theSmall Business GroupP: 770-356-1234E: [email protected]

Leslie MathisLeader o Atlanta REIA WestP: 678-895-1460E: [email protected]

Reginald JacksonLeader o Atlanta REIA SouthP: 404-427-8797E: [email protected]

Russ HinerLeader o Creative Deal Structuring Group andMastermind GroupP: 404-660-4289E: [email protected]

Aaron McGinnisLeader o the Gwinnett County GroupP: 404-788-3625E: [email protected]

Steve BrownLeader o Cash Cows Commercial GroupP: 770-378-6235E: [email protected]

Don DeRosaLeader o Mobile Real Estate Rockstars GrouP: 678-410-7352E: [email protected]

Rock ShukoorLeader o I Love Marketing GroupP: 678-938-4776E: [email protected]

Michael VazquezLeader o Spanish Investors Networking GroP: 678-951-9222E: [email protected]

Bob MasseyLeader o Short Sale & Foreclosure GroupP: 706-816-9820E: bob@oundationpublishingllc

Mark GaleyPresident o Fuller Center o AtlantaP: 404-867-3258E: [email protected]

Aislee JacksonDirector o Savannah REIAP: 912-695-0665E: [email protected]

mailto:[email protected]:[email protected]


6/32

Main Monthly Meeting

MEETING AGENDA*3:00 pm Meeting Beore the

Meeting

5:00 pm Vendor & Event Setup

5:30 pm Vendor Trade Show &Networking

6:15 pm Announcements,Wholesaling 101 + Haves

& Wants

7:15 pm Networking Break

7:30 pm The New Subject-To withDon DeRosa

9:30 pm Late Nite Networking at

the Tilted Kilt Perimeter*Please Note: Meeting agenda is subject to change.

The New Subject-To Strategies ThatWork in Todays Real Estate Market

With Don DeRosaDon DeRosa is a part time real estate trainer and mentor and ull-time real estate investor who

actively buys, sells and holds properties each month or huge prots and long term cash fow.

Today Don is working uriously at buying properties Subject To using the existing nancing on

the sellers home instead o having to go to a bank or a hard money lender or unding. This allows

Don to buy multiple properties ast, without coming up with all the purchase unds on the ront

end. This is the perect strategy in todays market where easy unding is not readily available or

investors to buy pretty houses.

Join us on March 4th at the Atlanta REIA Main Monthly Meeting and Don will share with you,

many o the subject-to strategies, tools and techniques he uses every day to create winning deals

or himsel as well as his buyers and sellers.

Don will walk you through real world, actual deals, step-by-step to demonstrate how to apply

these strategies, tools and techniques. In act, you can bring your deals, and hell show you exactly

how to evaluate the lead, determine your exit strategy, structure the deal, negotiate with the seller

and get the paperwork done almost instantly and without any o the hard work you normally do

to get your deals done.

By the end o the presentation, youll know

How to recognize a Subject To opportunity and buy with little or no money! How to evaluate any lead and decide whether this is a winner or you and how much

money youll make beore you make your oer

How to combine buying strategies and exit strategies that work right now, in 2013

How to structure a deal in less than 10 minutes, so that you make a minimum o $20,000

on it, choosing rom multiple purchase and exist strategies

How to determine the sellers hot buttons are so you can crat a deal the seller cant

reuse

How to use Dons proprietary tools to negotiate or you, so you never let your emotions

talk you into making a bad deal!

And is this is not enough, Don will be back with us on March 23rd & 24th or a two day boot

camp called Making a Fortune Buying Houses with No Money and No Credit to reallydrive these points home and give you all the subject-to details you need to succeed in real

estate investing. Once you are armed with Dons training and the tools, you will be able to make

this your best year ever!


March 4th, 2013

lid Until:

1/2015

MemberNo.

1234

YourName

GoldBusinessMem

ber

Crowne Plaza Ravinia Hotel

4355 Ashord Dunwoody

Atlanta, GA

Atlanta REIA Members can attend for FREE!Non-Members & Guests Can RSVP Online at

http://RSVP.AtlantaREIA.com for $15 or Pay $20 at the Door.

Bringyourbcards&fye

DonDeRosa




To Deed...Or NOT To Deed?THAT Is the Question (When

Buying Real Estate)

Welcome backagain! If youvebeen keeping up with mylast 2 articles, youll remem-

ber that weve been discussing one of thebest strategies for doing deals in 2013 &

beyond - Wholesaling Pretty Houses!

This type of deal is most advantageous foryou, the investor, to do when youve comeacross a house thats overleveraged or hasvery little to no equity. Rather than walkaway from the deal because you believetheres no money to be made, you simplyget an agreement from the seller to nda qualied tenant buyer to occupy theproperty on a rent-to-own basis (aka leasepurchase) & have the tenant-buyer make

the mortgage payments until such time astheyre able to buy the house outright witha new loan and theres enough equity inthe house to justify them doing so. Youwould collect your money from the ten-ant buyer as an assignment fee for gettingthem in to this house buying opportunitythat youve negotiated. Make sense?

Naturally, you would then be completelyOUT of the deal from that point on. Whywould you want to stay in? Theres nomore money to be made, so its best that

you collect your money (usually $5k+)and get out quickly.

So lets take a moment to look at sometypes of deals where you WOULD wantto stay in & why.

These are some of the situations whereyou would either want to Get the Deed orat least get control of the property by leaseoptioning or optioning the property fromthe seller...

Situation: Seller has a lot of equity inthe property & theyre willing to givea bunch of it up to you in exchange forpeace of mind, debt relief, or a fast trans-action: These are the best deals, becausetheres a lot of exibility.

Solution 1: You could take over theirdebt (subject-to) & give them back a

2nd mortgage for the amount over theirloan that youve agreed to pay (Pro Tip:Go for getting zero payments & 0% in-terest w/ 5-year balloon, if possible).Solution 2: If the seller needssome cash now, you could givethem some cash now & the rest lat-er on when your buyer cashes out.Solution 3: If the seller HAS to cash outof his loan or must sell it outright asap,but theres still a LOT of equity, you canOPTION the deal for as low a price as

you can negotiate, then market the prop-erty to nd a cash buyer for as much prof-it as you can get!

Situation: Seller has little to no equity inthe deal, but their house payment is super-low, and you know you can get a muchhigher amount from a tenant buyer forrent. Solution: Should be obvious - youeither get the deed from the seller or get alease option from them. Then, you simplymarket the property to nd a decent ten-ant buyer who has enough money down

to make you happy and can easily makethe monthly payments, and you get tokeep the spread in between as cash ow!

When you think about it, it all comesdown to common sense (which Ivelearned is not so common these days). Solets summarize, shall we?:

To Deed (Stay in the deal): If theresmoney to be made in the long run be-cause youre able to get a big chunk of

equity, then Get the Deed or get a leasepurchase or option agreement withthe seller.

Not to Deed (Get out o the deal): Itheres no equity to be gained now or lat-er AND/OR no monthly cash ow, thentheres NO real reason to stay in the dealSo you would simply assign the deal to

your tenant buyer, collect your fee, andget out with a smile on your face!

And now you know the answer to realestates eternal question - To Deed... orNOT to Deed!

Until Next Time,

Tony Pearl


The Best Deals To Do in Real Estate

in 2013 & Beyond!

Part 3By Tony Pearl

pearls of WisdoM

Tony Pearl202-556-0670

[email protected]

www.TonyPearl.com

www.Facebook.com/TonyPearl

www.Twitter.com/TheTonyPearl

www.Youtube.com/TonyPearlTony Pearl is an entrepreneur,copywriter, proud ather, mentor,marketing consultant andtalented teacher who residesin the Washington, DC area. He

has traveled to over 26 countries, speaks 4languages, and continues to travel extensively.He has been a proessional Ballroom and Latindance instructor, competitor, and exhibitor orover 19 years. As a Real Estate Investor, Tonyhas bought and sold over Ten Million dollarsworth o real estate, and has been educated byand associates with the best.
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fast track to self-directed ira investing

FDIC InsuredAll un-invested cash in your self directedIRA is FDIC insured.

As a note, FDIC insurance only covers cashbalances, not once you make a purchaseof a non-traditional asset. All creditcard transactions are safe -- AmericanIRA is certied by Security Metrics.All accounting is processed through a

top-rated trust accounting system. Wemaintain professional insurance coverage,including crime shield policy and errorsand omissions policy.

Asset Vesting with Your SelDirected IRAAll assets are vested in the clients nameat the time of purchase American IRA,LLC for the Benet of Clients Name IRA.

Investing with Your Sel

Directed IRAInvesting within a self directed IRA iscompletely within the investors control.Is it safe? Yes, to the extent that theinvestor controls it. Heres somethingthats overlooked many times whenwere talking about safety between thesecurities industry, and lets say in thiscase were talking about the real estateindustry. Each investment has its owncharacteristics as to safety.

In the real estate investment arena,

take a look at this example - $100,000investment in 2000 inside a self directedIRA in a single-family home. In 2012,the value doesnt matter. The investorsnot selling the property. It may havegone up and it may have gone down.

Heres an absolute certainty. It had 12years worth of rental income so far andits still free and clear, versus investingin securities, which are absolutely out ofyour control, out of the investors control

completely or anybody elses control forthat matter.

With $100,000 invested in 2000 inWashington Mutual Bank, the 2012value is zero. Washington Mutual Bankwas the biggest bank in the countrywhen it failed in the early 2000s. Thereis no guarantee in the securities industryany more than there is in the self directed

industry, but at least in the self directedindustry you have a way of controllingyour risk by investing in what you knowand understand, and you can do yourown due diligence.

Types o Investment Accountswithin a Sel Directed IRAHere are the types of investmentaccounts that you can utilize. Its notjust an IRA.

The Traditional IRA, which isthe one youd be familiar with,which allows for you to make a taxdeductible contribution.

The ROTH on the far right is theone that you hear a lot about, whichis the account that is absolutely taxfree when the prots come out atthe end. However, you do not geta deduction when you make thecontribution.

A Spousal IRA can be either atraditional or a ROTH. The waythat works is that if youre under50, youre only allowed to putaway $5,000 a year. If you havea nonworking spouse, theyrealso eligible for an IRA, either atraditional or a ROTH, and they toocan put away the same $5,000.

Another type of account is an

Are Self DirectedIRAs Safe?Jim Hitt, CEO of American IRA, LLC

continued on page 25
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www.YouTube.com/AtlantaREIA

Keep up to date with our latest videos

by subscribing to our YouTube Channel

Bill Cook727-420-4810

[email protected]

www.REIOutpost.com

Bill Cook is a ull-time real estate investor, speakerand author. He specializes in single-amilyhomes and mobile home parks. Bill believes

that real estate investing, especiallythe act o buying and holding rentalproperty, is the surest way to nancialindependence and wealth. Bill and hiswie Kim run North Georgia REIA where

they teach others how to successully invest inreal estate.

Why Real Estate Investors

Need Constant TrainingBy Bill Cook

real World real estate investing

Kim and I are teaching a finan-cial calculator course later thismonth (February 23, 2013).

Yesterday, an investor called to askwhether he really needed to take thecourse. I explained that a contrac-tors most important tool is a hammer,a NASCAR drivers most importanttool is a racecar, and a real estate inves-tors most important tool is afinancial

calculator.

After a bit of discussion, the investorsaid hed pass on the course because itwould be a waste of time. Out of curi-osity, I asked how many real estate in-vesting seminars he attended each year.His answer wasnt surprising: NONE!

Heres the funny thing: Even thoughI teach a nancial calculator course,want to guess where Kim and I are this

weekend? Were in Vegas attendingGary JohnstonsMoney Not Math semi-nar its a three-day intensive nancialcalculator course.

I already can make a nancial calcu-lator sing and dance. For years, Ivetaught folks how to use them. So whydo I waste my time taking nancialcalculator classes? Seriously, I wantyouto answer this question!

Lets look at the bigger picture. Kim

and I know a lot of real estate investorsaround the country. After getting a bitof training in the beginning, many quit

taking classes after the rst year or two.The #1 excuse they give is: I donthave the time. The result is that mostjustbump along the bottom, never comingclose to reaching their fullpotential asinvestors and wealth builders.

On the other hand, Kim and I knowa small group of real estate investingrock stars. These folks are knocking it

out of the park year after year. Whatstheir secret? They, of course, meet withsellers on a regular basis this is the al-pha and omega of successful real estateinvesting. But in addition, they con-stantly attend seminars taught by thebest real estate investing teachers.

Think of it this way: To get a basiceducation a high school diploma howmany hours did you spend learning?Lets see: 7 hours a day x 5 days a week

x 20 days a month x 9 months a yearx 12 years = 75,600 hours (and thisDOESNT include homework and extracurricular activities).

Heres the thing: Much of what youwere taught in school is near worthlessin the real world, and the things thatyou really needed to learn about likehow to build wealth and become nanciallyfree were NEVER discussed. Whendid government educators decide thatwealth building was a taboo subject?

OK, off the soapbox and back to thetopic. You spent 75,600 hours getting

a basic education. How many hours didYOU spend LAST YEARlearning howto become FINANCIALLY FREE?Sadly, most Americans the so-called99%ers spent more time standing inline waiting to buy lottery tickets thanthey spent learning how tobuild wealth

Each year, Kim and I attend ten totwelve seminars. In addition, we get

together with other real estate investorsthirty to forty times a year to discusscreative deal structuring and nancingWere constantly learning new and bet-terways to construct win-win deals.

To reach your full potential, you mustbe constantly learning and learningfrom folks who are already nanciallyfree!

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Throughout the late 1990s andearly 2000s, we experienced anunprecedented housing boom.

Easy credit ooded the marketplace andhome ownership surged to unheard oflevels. Along with inating an unsus-tainable bubble, the housing boom cre-ated a rich climate for mortgage fraud.

The bust that followed changed the nature

of the crime, but it has also provided con-tinued opportunities for mortgage fraud.Fortunately for homeowners, there is anew wave of investigative agencies emerg-ing that are trying to gure out just howwidespread and insidious the mortgagefraud epidemic is. Investigators hope theincreased awareness will help to educatethe general public about the threat thatthese crimes present.

The scary fact is that fraud continues at as-

tounding levels. The allure of mortgagefraud is clear - it can generate amazingprots with a relatively low risk of discov-ery. After all, there is a byzantine mess oflaws and regulations that govern the -nance industry and keep all but the mostardent investigators from guring out ex-actly what fraudsters are doing and howthey can be prosecuted.

Mortgage fraud schemes are particularlyresilient due to a lack of understanding ofthe mortgage process among the public.

There is risk coming from nearly every an-gle of a real estate transaction. Commonperpetrators include mortgage brokers,appraisers, builders, underwriters, lenders,accountants, real estate agents, attorneys,investors, trust account representatives,and title companies.

The common trait between all of thesepeople is that they have a high level of ac-cess to the nancial documents, systems,software, notary stamps, and professionallicensure information necessary to com-

mit mortgage fraud. They can adapt tochanges in legislation and mortgage lend-ing regulations. They are moving targetsthat keep investigators on their toes.

Forensic Audits have exposed a wide arrayof suspicious activities by nancial insti-tutions. Thanks to an increase in mediacoverage of nancial institutions, their ac-tivities are becoming more public. We are

now getting a clearer picture of how manyinvolve loan origination schemes, and howmany are settlement-related schemes.

Loan origination fraud is divided into twocategories: fraud for property and fraud forprot. Fraud for property usually involvesa single loan secured as a result of misrep-resentations by the applicant or lender.Fraud for prot is much more complicat-ed. It often involves multiple loans andelaborate schemes designed to illegallyprot from real estate sales. Participantsare usually paid for their roles in the fraud.

In many cases, loan origination schemesinclude false documents, property ipswith phantom rehabilitation, ctitiousinvestors, fabricated trusts, reassignmentof loan documents, allonge endorsementsand promissory notes.

Illegal ipping is another popular form ofmortgage fraud. This involves purchasinga property in foreclosure at a large discount

from the original note balance. But whywould a Lender sell the original notefor less than face value? The key to thisscheme is that the Lender sold the noteby entering into an undisclosed investmentcontract. This is a blatant TILA violation.

So what happens after the property is fore-closed? Once a nal judgment is awardedto the Plaintiff, the fraud is perpetratedwhen the Plaintiff sells the property or al-lows it to be purchased by accepting a lowbid by a liquidation company.

Many frauds involve the transfer of prop-erty without the homeowners knowledgeor consent; intentional failure to recordclosing documents; transferring or record-ing of deeds without the homeownersknowledge; and ling of fraudulent fore-closures to deprive the homeowner of hisor her property.

The most common perpetrators of this type

of fraud are real estate agents, attorneys, ap-praisers, loan ofcers, builders, developersstraw buyer investors, and title companies.

In next months article, I will explain themethods investigators use to nd the fraudin real estate deals. All of this fraud createsa huge opportunity for real estate inves-tors. Not only can we use this informationto help underwater homeowners get outfrom under their homes but we can thenpick up houses at incredibly low prices.

If you would like more information onhow you can get involved in helping un-derwater homeowners while doing someawesome deals, give my ofce a call at706-485-0162.


How Banks AreCommitting Fraud,

Part 1By Bob Massey

Bob Massey

[email protected]

www.REWealthCoach.com

www.Facebook.com/BobMasseyOicial

Bob Massey is a recoveringcorporate executive who isnow living the dream runninghis own real successul estateinvesting business and

teaching others how to do the same. Inthe process he has become the nationsleading educator on the oreclosureinvesting the oreclosure process.

AttendBobsSubgroupMeetingonApril1stat3:00PM




We meet at the Total Wine & More located at 124 Perimeter Center W

in Atlanta at 3:00pm beore our Atlanta REIA Main Meeting.

PERIMETER

A subject-to transaction is a littledifferent. When you buy a house thisway, youll take over payments on theoriginal mortgage. Youll bring thehouse up to date on the mortgage andback taxes and then continue to makemortgage payments, subject to theexisting nancing. The seller gives

you a warranty deed, which conveysownership to you. That means you getthe tax benefits and the profits, butyou also get the headaches and costs.

There is one headache you dont get,though: liability for the loan. Yourname isnt on the mortgage. Of course,if you dont make the payments, BuddyBanker is going to exercise the defaultclause in the mortgage. In other words,hes going to say, Youve defaulted,so were going to foreclose and grab

that house right out from under you.(Obviously, if you cant afford thepayments, you shouldnt be buyingthat property.)

But what about that due on saleclause youve have heard about? Mostmortgages and security deeds nowhave this clause, which says that if theborrower our homeowner sells thehouse, the bank is allowed to call theloan. In other words, Buddy Bankercan tell the seller hes got to pay theentire amount of the loan right now!

Luckily, in almost all cases, the bankcould care less who owns the houseas long as theyre getting paid. Afterall, Mr. Banker is swimming inforeclosed houses. Hed rather havethe money! And thats why subject-to transactions work.

Maybe youre an experienced investor,and youd like a refresher course. Orperhaps youre just getting started.Whatever your situation, Id like toinvite you to my two-day, boot camp

called An Introduction to RealEstate Investing Making a FortuneBuying Houses with No Money andNo Credit on March 23rd & 24th inAtlanta, GA. This two-day boot campwill cover all the basics of subject-toinvesting and is great for every skilllevel. Among the topics well cover:

Getting started in your business, findingsellers, negotiation, constructing andpresenting offers, staying organizedand managing the paperwork flow,finding private lenders, exit strategiesand much more!

Dont let spring pass you by. Yourfortune awaits! To register for my bootcamp or get more information, seehttp://subject2.atlantareia.com.

Comment on this article online at

http://atlantareia.com/?p=19402

continued from page 1

Don [email protected]

www.MobileRealEstateRockstar.com/Atlanta- REIA

www.Facebook.com/Don.DeRosa

www.Twitter.com/DonDeRosa

Don DeRosa was recognizedas one o the nations top 21real estate investors in theNew York Times bestsellerThe Millionaire Real Estate

Investor. Don, who is a ull-time investor,trainer, and mentor, is the rst to oer hiscomplete investing system on a mobileplatorm. Don teaches investors how toMake More and Work Less by being moreecient, productive and competitive,leveraging mobile technology and appson the iPad, iPhone, Android and othermobile devices.

Join Don at Atlanta REIA on March 4thand at the Subject To Boot Camp on

March 23rd & 24th!
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12/32

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Business By the Book

The More I Give, the More I Get!Is That Really True?By Erven Kimble

Have you ever asked yourselfthe question, how muchshould I give to my church

or synagogue? This has always beena touchy subject, with many differ-ent views. Of course, the answer isalways personal and depends on the

persons relation with God; as wellas their involvement with the activi-ties of their local church or religiousorganization. The responses andpersonal opinions of many success-ful business people are as varied asthe individuals themselves.

However, the Bible has much to say aboutthis subject. The reality of the matter is thesame with all of our material possessions.God allows us to control, manage, and en-joy our earthly belongings for a nite peri

-od of time. After that, another person willget them and be given the opportunity todo the same. You see, every material or vis-ible asset that we say I own ___; willeither be consumed, traded, given away,taken away, or left behind for someone elsewhen we die. Consequently, since these as-sets are temporarily under our control, it isvitally important to consider to whom andto what cause we contribute them.

If God favors a business person to have

a good education, a successful business,nancial security, a comfortable home,and material wealth; then there is some

accountability and some responsibilitiesthat accompany those benets. If a personchooses to only accumulate material pro-cessions just for selsh and personal gainwithout investing in Gods Kingdom orsupporting Gods agenda through gen-erous and benevolent giving, they defeat

Gods divine plan to show compassionupon the less fortunate and to supportthe mission of His church. God wants usto show mercy and kindness to others asa demonstration of our gratitude for thatwhich He has entrusted to us. The more aperson shows helpfulness and benevolence,the more God allows that person to accu-mulate and manage wealth.

There is another bib-lical principle that

speaks to a personsemotional attach-ment to possessions

that causes them to either be generous orto cling to their material assets. Jesus ad-monished his followers;

Dont store treasures for yourselves hereon earth where moths and rust will de-stroy them and thieves can break in andsteal them. But store your treasures inheaven where they cannot be destroyed bymoths or rust and where thieves cannot

break in and steal them. Your heart willbe where your treasure is. (Matthew6:19-21)(NCV)

The true meaning here is not that you willgive to the causes that you are most fondof. On the contrary, the true meaning hereis that whatever you invest your moneyinto is where your attention and your af-fections will end up. For example, haveyou noticed that after you purchased some

property, or bought a certain stock, or in-vested in a store front your interest and af-fections changes. Now all of a sudden, youare more focused on what happens to thathouse, that company, or that building thatyou recently invested in.

Your time and your fondness are now inthe same place your assets. You are nolonger just a casual observer. You are re-ally concerned about what happens to thatcompany in which you just purchased the

stock. You are emotionally engaged. Inthe case where you purchased propertythat building or land now deserves and de-mands your attention and care.

Think about this; if you give to a foreignmission group to help children in Afri-ca with AIDS, or to a local church, or acharter school, or to the homeless, yourthoughts, your interest, your compassionwill become more in line with Gods plan.You see, God wants to demonstrate Hislove toward those less fortunate in the

world. Now that you are engaged, yourheart migrates to those things that are im-portant to God!

Your heart will

be where your

treasure is.

The generous soul will be made rich, And he who waters will also be watered himself.

(Proverbs 11:25-26)

continued on page 2
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If you are sending out a good amountof offers for yourself or for clients,you know that it feels as if though

the selling agent has Please send yourhighest and best as an auto reply.Once you think about it you will real-ize that offering on MLS properties hasbecome somewhat of an auction. Theworse part about this is that you do notknow where your offer stands in com-parison as you do when you are actuallyparticipating at an auction. Who knows

if there are even other offers on the tableother than yours.

For this reason, auctions have becomemore attractive for many investors. Auc-tions favor investor because in order to bidon properties you must have cash on handor nancing in place. Plenty of the proper-ties at auctions are foreclosed properties inneed of major renovations which traditionalnancing will usually not nance. There-fore, this eliminates the over paying owner

occupants that auctions attract. This leavesthe cash buying owner occupants but theyusually do not buy homes cash passed 80K.If you have ever prepared for an auction,

you know that it takes lots of time and manpower to properly prepare for one. Youmust inspect and have a title search donefor each property you plan on bidding on.

Now that you have calculated the max offeryou know where to stop bidding but youget an opportunity to bid lower until yourmax is reached. At an auction the biddingusually starts lower than asking price andsome of your bids may be lower than whatyou would have ever submitted as an offer

if it were listed. Something you learn is howfar off you were from the winning bid. Thiscan assist you in ne tuning your numbers,if needed, or identifying a new hot areathat you previously did not know about orhad interest in. You may be able to do thiswith listings once they close but at an auc-tion you can talk directly to the buyer anddiscover their reasoning behind their offer ifthey win the bid. On MLS listings you maybe able to track down the buyer or wait un-til the tax records are updated but it may

be more of a headache. An additional bonusto attending an auction is the possibility towork with fellow investors to prevent bid-ding against each other and trading proper-

ties in order to prevent from over payingBy attending local auctions, you will beginto notice that plenty of the same people areattending the same auctions. These are thepeople you want to identify and begin es-tablishing a relationship with.

The capacity in which you can work withthese individuals will be reviewed in depthin the following article. Be assured thatthe circumstances in which you work withthese auction goers will be a win, win situ-

ation as always.


froM contract to closing

AuctionsBy Michael Vazquez

Michael Vazquez678-951-9222

[email protected]

Michael Vazquez has beenoering properties to realestate investors signiicantly

below market value since2006 in both Texas and Georgia.Michael is always looking to or moreinvestors to work with.

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We should start with deningwhat a pretty house really is.Its not the price that makes

the denition. The house could be high-priced, but most people in the prettyhouse business work in a range from$70-$200,000. If youre in a high-pricedmarket such as San Francisco where a$200,000 house is rare, your range will

be higher.

The point is, pretty houses start at thebottom end and go up. Its not just ex-pensive houses. My denition of a prettyhouse is any house requiring less than$5,000 in work to get it in a good, sale-able condition. An ugly house is one thatneeds a rehab or a lot of repairs.

Id want you to work both sides of thebusiness and become a transaction engi-

neer who can recognize a deal when yousee it, whether its pretty or ugly. Dontfall into the trap of trying to get so spe-cialized that you turn your back on lots ofother prots. Theres gold in both the uglyand the pretty house business. Besides

You Cant Find Pretties WithoutFinding Uglies And Vice Versa!

Most people start with ugly houses be-cause theyre easy to nd and under-stand. They either wholesale or rehab

and retail. Thats OK, but its only astart. Pretty houses are easy in, easy out.Usually its get the deed and lease op-tion to a tenant buyer. That takes a fewdays, eliminates contractors and reducesholding costs. Plus, it produces a fewthousand dollars in front-end prot. Aperson could get used to this part of thebusiness and easily make the decision toignore the uglies.

In my opinion, thats not a smart move.

I like a little of both. Im about 50/50.Last month my IRA received $82,000from two ugly house deals, and thatwas only my half! Id hate to lose allthat money because I had blinders on.So how do you nd pretty houses? Well,there are a number of ways as discussedin my boot camps. Well focus on threegood ones here.

Method Number One: Signs

Signs never fail to get calls-usually beforeyou get home. Im referring to stick signsyou place on the side of the road. Theycan be put up with a 1 x 2 stake with apoint. You can buy them at Home Depotin bundles, or with a wire rack.

The good news is youll get calls. Thebad news is, some might be from the city

asking you to remove one or two becausesomeone has complained about them. Ifa call from the city will give you a heartattack, this business isnt for you! Mostcities have ordinances against signs, butsome dont. Youll have to check intothat, but the bottom line is, all cities havesigns and a lot of students elect to taketheir chances knowing the most they cando is call and ask you to remove them.

Ive heard news of some who were sub-jected to a ne as repeat offenders, and

every once in a while Ill hear of a citythat gets nasty. I received a letter froma city ofce in Oregon asking me to ad-vise my students they have ordinancesagainst these signs. So there, youve beenadvised! Ill bet this same city has ordi-nances against spitting on the sidewalk,sex before marriage and jaywalking.

Many students put signs out on Fridayafternoon and pick them up on Sundaynight to avoid the aggravation from the

city. This may sound foolish until youlook at the numbers. The sign cost about$3 each so if you put out 50, youve got$150 invested. Pick up the remaining 40on Sunday night and the cost was $30for the ten signs that come up missingand I promise, they will.

If you get 10-15 calls over the week-

end and buy 1 house (as you should)with a $20,000 prot, its a no-brainerAll of the sudden, its worth the risk ofcity heat. In some areas, they city couldcare less and your signs have a long lifeDont be scared off by my warning hereDo your own due diligence and makethe best decision for you.

Most signs are on berboard, around1824 inches. I like black letters on yel-low, but have used other colors success-

fully. Be careful when you make up thesign, you dont want to put too muchdetail on it. Remember, people are mov-ing when they see it. Make the phonenumber large and dont forget yourwebsite address if you have one set up.


Three Good Ways To Find Pretty

House Deals,Part 1 of 3By Ron LeGrand

Ron LeGrand

800-567-6128www.RonLeGrand.com

www.Facebook.com/GlobalPublishing

Ron LeGrand is the worlds leadingexpert in residential quick turn realestate and a prominent commercialproperty developer. Ron hasbought and sold over 2,000 single

amily homes over the past 30 years, andcurrently owns commercial developmentsin nine states ranging rom retail, oce,warehouse, residential subdivisions andresorts.

the Millionaire Maker
http://facebook.com/don.derosahttp://facebook.com/don.derosa




Last month I mentioned that therehas been a turn in the market.A recent Creative Loang article

conrmed the information that I gaveyouthat the market is looking differ-ent than it has in a long while. Manypeople are afraid of another bubble. Andin the last few articles, Ive asked youto plan, to have a strategy, to do yourresearch. And maybe youve made thatplan. Maybe youve done that research.

But here is the nature of our business:just when you think you have it guredout, it changes. So we have to ask our-selves anew: How can I continue to makemoney? How can I get in on the currentmarket and live well? The answer is thatyou need to know what is ahead.

But if youve not encountered this kindof change, then you cant make an in-formed guess. One opportunity for suc-

cess is to become David. You can go italone which is very risky. Or you canwork smart: get a mentor. Work withsomeone like me who has survived bat-tles with Goliath before.

I know that slaying Goliath is possible.

First, let me introduce you to some ofthe Goliaths:

1. In a June 2012 meeting, WarrenBuffet said that he was buying as

many houses as he could getandwe know that he can get a lot! Weare now competing with WarrenBuffet-like entities.

2. Companies like Colony America,Waypoint homes, Colony Ameri-can Homes, Blackstone Group,LLC, Silver Bay Reality, RichportProperties, Sylvan Road Capitalwho recently spent $15 million to

$30 million at the steps buyingproperties without ever going in-side them.

These are entities with whom I cannotcompete. I suspect that many of you arein the same situation. We used to makeour livings at the court house steps, butnow were left scratching our heads.

Stop scratching and become informed:

Goliath has come to town. Ive decidedto become David, and Id love for youto join me.

Now that weve identied Goliath, wehave to understand what he is doingto the market. These powerhouses arebuying good properties and paying overasking price by $4-10K. This leaves thetrash for us! Or does it? Is it possiblethat we can still nd a way to stay inthe game? Yes!

Knowledge Can Slay Goliath

Knowledge can overcome fear. So letme give you one of the many lessonsthat I offer my clients. As Ive said, Ihave been through many types of mar-kets, so I can predict, based on thepast and on current evidence, that youshould not fear the bubble.

If you can still buy a house for less thanit takes to build it, the market has room

for growth. This means no bubble.

If the mortgage payment is less thanit cost to rent, then there is room forprices to rise. This means no bubble.

But isnt it still a it a sellers market?Nothere are still plenty of housesthat are upside down. This means no bub-ble. It is a sellers market below $400,000.

There are plenty of phantom house inthe market that will be absorbed in2013-2014. This means no bubble.

So what can you do?

Situation 1: I have No money and Nocredit.

Here are possible plans:

Plan 1: Join Goliath.

Plan 2: Feed Goliath.

Plan 3: Partner with someone who hacredit or cash.

Plan 4: Buy two guns and a pit buland work a war zone neighborhood.

Plan 5: Move to a different state or citywhere you might be more successful.

Plan 6: Move up in price point and ser-vice the second house market.

Situation 2: I have LOTS of moneyand I have Fantastic credit.

Find a David who, in this case, is a men-tor who has slayed this giant beforeand let him train you in lease optionand creative deal structures. I happento be just such a mentor. Based on myexperience, I could help you:

Change your marketing strategy.

Buy before the properties get to thecourt house steps.

Buy apartment buildings. (Doingthis is very smart because Goliathwill do this after he has gobbled upall of the single family houses. Beathim to it!)

hoW to Be a real estate investor

Are You David orAre You Goliath?

By Russ Hiner

Join Russ attheCreativeDealStructuringGroup on March6th

and theWholesaling101 WorkshoponMarch 30th!




Buy, x, and sell homes that needrepairs in the $150K and above.

Partner with a professional investorand reduce your risk.

You could go it alone, but it will be

more difcult, and you have less chanceof being successful.

I want you to stay here, in your city,and be successful, which is why I wantto work with you. I am a real estatecoach and a mentor, and I have theexperience to guide you through thesechanges. Please contact me.

Id also love for you to join me and othersuccessful investors at my Creative DealStructuring Subgroup. We meet at theWhite Hall Grill on the 1st Wednes-day of every month at 6:30 PM.

I am looking forward to meeting you

and helping you on your way to a suc-cessful 2013!


Russ Hiner404-660-4289

[email protected]

www.RHiner.com

www.Facebook.com/1RHiner

Russ has been investing in realestate in Atlanta Georgia since 1981.His company currently controlsapartment buildings and single-amily properties in Georgia and

other states. His ocus is on raising privatecapital through Hedge Equity, LLC.

Russ invests everyday. His knowledge andexperience is current in the market. He iscapitalizing on the needs, wants, and desireso the customer. He has a deep level oexperience in building relationships withvendors, investors, tenants, sellers, andqualied buyers. He has the knowledgeto negotiate contracts, manage rental

properties, and make his co-investors wealthy.He enjoys taking properties which are virtuallydestroyed, renovating them, and creating abetter community.

Keep up to date with our latest

opportunities by joining us on Twitter atwww.Twitter.com/AtlantaREIA

Join our Mobile RealEstate Investor VIP List

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to 404-996-1099*Standard text message rates apply

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17/32

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PRAdO

Join us at the

Haves & Wants MeetingEvery Thursday at 1:30pm

@ 5 Seasons Brewing located at5600 Roswell Rd in Sandy Springs at the Prado.

Understanding Lender Options Upon Real

Estate Loan Default, Part 1 of 2By Attorney Jon David W. Huffman

Recently, I was asked to describethe options and procedures thatlenders may take when a bor-

rower defaults on their real estate loan.Understanding this process is vital toreal estate professionals whether they arelenders, borrowers, agents or investorsattempting to buy or manage propertyduring the default process.

When a borrower defaults on his loan,

most often by failing to make themonthly payments, the lender has sev-eral options. Although not exhaustivenor mutually exclusive, these optionsinclude foreclosure, filing suit, self-help repossession or requesting thatthe court appoint a receiver to managethe property.

The two most popular options differ intheir order: lenders can forecloserst orle a lawsuitrst. Therefore, the lender

gets to choose its remedy: (1) forecloserst and then sue, or (2) sue rst andthen foreclose. The order is importantand it is signicant to remember thatthe second step in either option is at thelenders discretion. This article only ad-dresses the rst and most popular op-tion. Next month, the second optionwill be discussed.

Foreclose Firstand Then Sue

The rst and most popular option by

lenders is what I have entitled the fore-close-conrm-sue process. The name

describes the exact steps a lender takes.

For example, Becky borrows $100,000to buy her house. Afterwards, the mar-ket declines leaving her house valuedat $60,000. Becky is unable to makeher payments. So, the bank begins theforeclosure process. In order to do this,the bank sends Becky all the requirednotices and advertises in the newspaperfor four consecutive weeks. On the rst

Tuesday of the month after the adver-tisement has run, Beckys house is soldon the courthouse steps for $60,000 itsmarket value. Most real estate profes-sionals understand this process. How-ever, many may not understand whatcan happen next. In other words, whathappens to the $40,000 deciency?

If the lender desires, it can pursue the$40,000 deciency. In order to do so,the lender must follow a two step pro-cess: conrm and sue. First, the lendermust apply to the court to conrm theforeclosure sale. This conrmation hear-ing must be requested within 30 days ofthe foreclosure sale. The purpose of thisjudicial hearing is to determine the fairmarket value of the property and boththe lender and borrower are allowed topresent evidence. Once the court hasdetermined the fair market value, it is-sues an order of conrmation. This thenallows the lender to, secondly, sue Beckyfor the $40,000 deciency.

Because of this double judicial procedureand the likelihood that many judgmentsof this nature are uncollectable, lendersrarely pursue a deciency action againsresidential borrowers. Commercial borrowers are another story. In todaymarket, commercial lenders are pursu-ing deciency actions with vigor.

This article only addresses the most pop-ular option: foreclose rst. Next month

I will address the second option: suingrst and then foreclosing. The secondoption is becoming increasingly popularin commercial loan defaults; the rst ialmost universally the choice of residen-tial lenders.

Disclaimer: The information contained inthis article is for informational purposes onlyand is not legal advice or a substitute for legacounsel. It does not constitute advertising orsolicitation. The information in this articlmay or may not reect the most current legaldevelopments; accordingly, this article is noguaranteed to be complete, and should not bconsidered an indication of future results.


real estate legal report

Jon David Human

404-373-4008 x [email protected]

www.PooleLawGroup.com

www.LinkedIn.com/in/JonDavidHufman

Jon David Human is a litigationattorney specializing in real estatedisputes, business disputes andcommercial collections. With

more than a decade o experience managingsmall businesses beore attending EmoryLaw School, he brings a business ownersperspective to the practice o law.

the profit newsletter for atlanta reia - march 2013

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