Monthly Archives: January 2017
As a qualified note finder, one of the top questions in the note business I get from customers is this…
What happens at the closing of my real estate note sale?
The funny part is that in my position, I have never dealt with the closing of a real estate note deal. My main job as a qualified note finder is to connect sellers with buyers. So, once the connection is made, I am out of the loop.
At this point, I started asking some questions, and doing some research. I couldn’t find one good article on how the closing is done for the transfer of a real estate note from one party to another. So, I asked some of the buyers, and this is what I found out.
This information should put your mind at ease, because it is a pretty simple process. There is not much work involved in the closing of a note. The hardest part is waiting for your check. Unfortunately, the closing does take a little bit of time.
Let’s break down the sale of a real estate note from beginning to end, so you can see clearly what is involved in a real estate note transfer of ownership. This will give you a good idea of what to expect, especially if you are thinking about selling your note.
First of all, you need a price quote. Qualified note finders give free quotes. I suggest you locate a finder when selling your real estate note. A qualified note finder has a wealth of information concerning notes, and understands the current market. Plus, a finder will save you valuable time and effort by finding you the right buyer who has the highest quote.
Next, you need to agree to the price quote. After your finder tracks down the buyer with the best quote, you have to make a decision. Do you take the lump sum of money now or do continue to deal with the headache of collecting that small monthly payment.
Once you decide to take the money and run, a contract is drawn up for you to sign that locks in the price quote. It is important to sign and return this contract as soon as possible, so the buyer can’t lower the price on you. The more prestigious buyers give a bit of time to decide without giving you any hassle. It is stated on the contract how much time you have to return it. I just wouldn’t mess around, when it comes to your money.
With the contract, you will receive a checklist of all necessary documents and information you will need to collect. The big ones are a copy of the secured instrument (mortgage, trust deed, land contract, etc.), a copy of the real estate note attached to the instrument, proof of fire insurance on the property, and copy of the payment record. Depending on the buyer there will be few more things you need, but those are main pieces of information and documentation. You send all the necessary documents and information you need to the buyer and the closing begins.
Now that the hard part is over, we can focus on how you get your check. The closing of the real estate note deal is pretty simple really. First, if hasn’t been done already, the credit of the payer on the property is checked. If the payer happens to have bad credit the buyer can default of the contract. It is my understanding that by federal law you can check the credit of the payer twice a year, and it is probably a good idea to check it before you get this far, so you are not wasting your time. Unless you know they have good credit, you should check it. If you would like the buyer to check the payer’s credit, the buyers I work with will do it for you for free.
Now, if the payer’s credit is up to par, then an appraisal is done on the property. After the appraisal is complete, and the property value meets the buyer’s standards, title of ownership is transferred. Finally, you get your check, and walk away from that small monthly payment with a nice lump sum of money.
We work with buyers that pay all closing costs and fees.
Joint Venture termed for a venture or a project achieved jointly or combined. A project which has been achieved by the collaboration of two or more parties. In real estate joint venture means that a project is developed by two parties jointly. This generally happen where one party would have his land and the other party would be interested to develop a project on that land.
Some time the owner of the land could not develop it because of many reasons such as he doesn’t have the expertise or he doesn’t have the fund and likewise for the other party who want to develop might not have a land in the prime location where he can build up a nice project.
So, if these two parties join together on a mutual understanding they sign an agreement which is termed as joint venture agreement. This agreement comprises legal understand like will there be any advance or good-will money be paid by developer to land owner? Advance is the amount which a developer needs to pay to land owner which would be refunded by the land owner after completion of the project. If any problem arises while constructing, because of which they couldnt complete the project, then that advance Amount will not be paid back.
Good-will money is the amount which a developer need to pay to land owner for developing the project and this is not refundable. This would remain with the land owner even after completion of project.
Now when the project is completed, the property will be divided between the land owner and builder, the ratio is worked out between 60-40 or 50-50 which mean that builder will keep 60% and owner will keep 40% or both will keep 50%. This division done is basis of the built up area. Built up area dependents on the site area and the road width where the site is situated, for a 30ft road width one can maximum have build up area as 1.6 times the site area, following are the regularities for different roads
30ft road 1.6
40ft road 2.0
40ft-60ft road 2.5
60ft to 100ft 3
above 100ft more than 3 and generally more than 100ft wont be there for residential purpose
So now lets take this example to even simplify of what we have said above:-
Let take a site which is 20000 sqft and the road width is 40ft road so maximum built-up area should be 40000 sqft. Lets assume the joint venture agreement between owner and builder is fixed as 50-50 ratio and also the owner of the land get 1cr as advance. Generally the property building cost would be Rs. 1000 per sqft, so to build 40000sqft it is 40000*1000 = Rs 40000000. After completely building the apartment, the builder would get to sell his 50% share of the total 40000 sqft which is 20000 sqft. Lets assume the apartment selling rate is worked out to be Rs. 2200 per sqft, then he will earn 20000*2200= Rs. 44000000, so builders total earnings for this apartment will come to Rs 4000000 minus the interest rates for the 1cr advance. Let say construction take 2 yrs to complete, so builder would lose the interest for 1cr for 2 yrs, which would come around 2400000, if he takes an interest rate of 12%. So finally builders total earning for this property would be 40l-24l=16l which is not good for his 2 years of work.
Likewise, lets take the land owners point of view, Let say that the land rate is Rs 2500 per sqft so by selling land owner will get 5cr and by doing joint venture he will earn 4.4cr + the interest on 1cr which would be 4.66cr which is 34l less than what he would have got without doing Joint Venture so its not feasible. So, eventually this deal wont work out for both the land owner and builder.
All the above calculation goes into paper to decide whether to go into joint venture or not. A sample copy of joint venture agreement can be drafted with a help of lawyer.