{"id":1055,"date":"2008-04-14T14:24:13","date_gmt":"2008-04-14T19:24:13","guid":{"rendered":"http:\/\/www.DuncanWierman.com\/content\/how-to-assign-non-assignable-contracts\/"},"modified":"2015-05-07T22:03:45","modified_gmt":"2015-05-08T03:03:45","slug":"how-to-assign-non-assignable-contracts","status":"publish","type":"post","link":"https:\/\/www.duncanwierman.com\/content\/how-to-assign-non-assignable-contracts\/","title":{"rendered":"How to Assign NON Assignable Contracts"},"content":{"rendered":"<p style=\"text-align: justify;\"><span style=\"font-family: Arial;\">I recently had a student ask me about the &#8220;no-assign&#8221; clause. They wanted to put an an offer on an REO property and they were concerned about how do they get around it. For those of you who don&#8217;t know and want to work the fast cash action with REO property strategy, that there is a certain clause that says that you cannot assign the contract. Many times most of the contracts that you will encounter with real estate agent&#8217;s or a broker\u2019s contract all have a non-assignability clause. So this is how you get around them. <!--more--><!--fms--><\/span><\/p>\n<p class=\"MsoNormal\" style=\"text-align: justify;\"><span style=\"font-size: 14px;\">I want you to realize\u00a0<strong><em>just because the contract says its NOT ASSIGNABLE , it does not mean you can\u2019t assign it.\u00a0 <\/em><\/strong><span style=\"font-family: 'Arial','sans-serif'; color: black;\">My friend Bob Massey made a short video explaining how to remove certain clauses that can impact your deal. <\/span><\/span><\/p>\n<p class=\"MsoNormal\" style=\"text-align: center;\"><object width=\"445\" height=\"364\" classid=\"clsid:d27cdb6e-ae6d-11cf-96b8-444553540000\" codebase=\"http:\/\/download.macromedia.com\/pub\/shockwave\/cabs\/flash\/swflash.cab#version=6,0,40,0\"><param name=\"allowFullScreen\" value=\"true\" \/><param name=\"allowscriptaccess\" value=\"always\" \/><param name=\"src\" value=\"http:\/\/www.youtube.com\/v\/qaHqzE-DqOU&amp;hl=en_US&amp;fs=1&amp;rel=0&amp;color1=0x006699&amp;color2=0x54abd6&amp;border=1\" \/><param name=\"allowfullscreen\" value=\"true\" \/><embed width=\"445\" height=\"364\" type=\"application\/x-shockwave-flash\" src=\"http:\/\/www.youtube.com\/v\/qaHqzE-DqOU&amp;hl=en_US&amp;fs=1&amp;rel=0&amp;color1=0x006699&amp;color2=0x54abd6&amp;border=1\" allowFullScreen=\"true\" allowscriptaccess=\"always\" allowfullscreen=\"true\" \/><\/object><\/p>\n<p style=\"margin: 2px 0px 0px; line-height: 18px; padding: 0px 0px 10px; text-align: justify;\"><span style=\"font-family: Arial;\">For those of you who don\u2019t know and want to work the fast cash action with REO property strategy, many times there is a certain clause that says that you cannot assign the contract. Many times most of the contracts that you will encounter with real estate agent\u2019s or a broker\u2019s contract all have a non-assignability clause. So here are a few more ways you get around them.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"font-family: Arial;\">The no assign close has never bothered me and I\u2019m going to share with you my &#8220;secret weapons&#8221;. There are many different ways and methods that you can use to get around it. I have written seven ways to get this contract assigned and closed.<\/span><\/p>\n<p style=\"text-align: justify;\"><strong><span style=\"font-family: Arial;\"><em><br \/>\n<\/em><\/span><\/strong><\/p>\n<h2 style=\"text-align: justify;\"><span style=\"font-family: Arial;\"><strong>First Method &#8211; &#8220;Last minute&#8221; technique<\/strong><\/span><\/h2>\n<p style=\"text-align: justify;\"><span style=\"font-family: Arial;\">One of the things when it comes down to contracts is that the clauses have to be enforced. Just because a contract says you can\u2019t do something <em>doesn\u2019t mean that other party is going to enforce that particular clause within the contract<\/em>. Now, if it has been put in there particularly by a bank, you are not gonna look too smart if you try to assign the property anyway.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"font-family: Arial;\">When the bank &#8220;specifically put it in&#8221;, it tells you are not allowed to assign it and they don\u2019t want to see you assign it. Now, there is one thing that you have to keep in mind, the number one reason they don\u2019t want you to assign their property is because they don\u2019t want their deal falling apart because the wholesaler is picking it up and they\u2019re only going to settle if they find a buyer. That\u2019s the number one reason why they don\u2019t want properties to be assigned.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"font-family: Arial;\">Second reason, the banks don\u2019t want someone going ahead and making quick profits of their deals as they are about the property getting to settlement. You need to understand the mentality of the seller and the number one reason why the assignability clause is in the contract.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"font-family: Arial;\">The banks number one reason why it is in the contract is that they are trying to protect themselves make sure the deal is actually settled. So, to give an understanding of that and once you understand that you know the mentality of the seller then we can begin working this issue.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"font-family: Arial;\">So, YES I have actually assigned non-assignable contracts and did not have anybody say or do anything about it . We were all at the settlement table and it was assigned. Nobody said a word in order for that closing to happen. The other party has to enforced it so, that\u2019s one thing to keep in mind just because it says you can\u2019t doesn\u2019t mean that you can\u2019t. Secondly, in most cases states, they say that it only non-assignable unless you have written mutual consent by both parties.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"font-family: Arial;\">Let me explain. You\u2019ve got a buyer and a seller who come together, and the buyer approaches the seller and says &#8220;I have just assigned my contract. I need an addendum to the contract that says you are ok with me assigning it&#8221;. You can bet the seller is going to go all out to add in the addendum that allows you to move forward with your assignment. You do have the ability to approach the seller and ask them to do that.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"font-family: Arial;\">Now, it all depends upon the seller that you are dealing with. A bank who is an experienced seller is not going to look very kindly upon that. They\u2019re not going to like that you are approaching them with an addendum trying to pull yourself off of a contract and putting somebody else in your place. Most of the time if you approach the bank very early in the process they\u2019re going to say no. However, my experiences, have been that if I approach the bank right a <em>day or two before settlement <\/em>( when they know that this thing is going to settlement and that is on the game plan to take it off of their book) is the best time to act. The title companies have already contacted them they are scheduling things, they\u2019re getting them to sign the paperwork. The last thing in the world, the bank wants is that the deal to fall apart at the last minute. If I hit them up with an addendum right there before were supposed to settle they\u2019re much more likely to go ahead and sign that addendum and allow me to do it. So keep that in <em>mind the timing of when you present the addendum to the seller makes a big difference<\/em>.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"font-family: Arial;\">Let me be clear on technique one. Presenting the addendum right before closing in such a way that they are willing to consider it at that time. Typically, just send it over for signature so we can move forward.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"font-family: Arial;\">This plays into the mindset that its already done and it just needs to be signed off. Most of the time it\u2019s my title company who handles that. So they\u2019re not even hearing from me. It&#8217;s the title company that calls and say there is something else that I need to sign with these contracts. We need for you to sign this addendum. So it\u2019s not even coming from me. We\u2019re not asking for permission. We\u2019re saying we need for you to sign and they tend to be very receptive to that. I can only remember one time ever that I have had them say no we\u2019re not signing that.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"font-family: Arial;\">Their choices they can either Yes or No. If they say no, they know its a deal killer because they are on the contract saying that they didn\u2019t want it assigned. The bank does note want to do that because they have so much to lose. They really do want to sell the house. When the title company calls and says the deal will be settling tomorrow, I need to get an addendum over to somebody else whose gonna be settling. The fear of them of my buyer not coming through has been alleviated because the title company says everything is ready. They\u2019re getting the assurance from the title company. It\u2019s not coming from me or a real estate agent. It\u2019s coming from the person doing the settlement who\u2019s assuring them that the deal is going to close.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"font-family: Arial;\">Remember, you can always go back and get that addendum and get it done and that\u2019s the sort of renegotiation of the contract. I want to also mention the situation, where its&#8217;s private seller as opposed to a bank, it\u2019s much easier to get them to sign that now. Sometimes they have questions because they really don\u2019t know what you\u2019re doing. But again when coming from the title company, it\u2019s much simple thing. I don\u2019t the agent prepare the addendum. Uhm, I don\u2019t have the agents present it. I have the title company prepare the addendum and the title company simply calls up the agent who is representing the sellers or there\u2019s no agent involved. But I have a title company do it. They may contact and simply say listen in order for us to settle this, I\u2019ve got this document that I need for you to sign.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"font-family: Arial;\">The title company never puts up an objection. If you have a title company that does object to it, then you are dealing with the wrong title company. You know, you need to deal with an investor-friendly title company. Now, bottom-line is you know the addendum is renegotiating so the title company doesn\u2019t have a problem with that just because it says you can\u2019t do it doesn\u2019t mean you can\u2019t negotiate that. And the addendum is renegotiating.\u00a0 So with the above method there are two points to keep in mind<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"font-family: Arial;\">1. Number one is the seller is looking is to protect themselves and make sure the deal gets to settlement.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"font-family: Arial;\">2 . Have your title company actually do the negotiating for me to get that non-assignability close. The title company comes across as much more credible than my real estate agent or somebody else. So when the title company can assure them they are much more comfortable and much more willing to work with us.<\/span><\/p>\n<h2><strong><span style=\"font-family: Arial;\">TECHNIQUE # 2 &#8211; ADDING AND REMOVING NOMINEES<\/span><\/strong><\/h2>\n<p style=\"text-align: justify;\"><span style=\"font-family: Arial;\">This technique is done frequently and that\u2019s a little more subtle and works 100% of the time,<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"font-family: Arial;\">Here is how it works: Let\u2019s assume that I put in an offer to purchase a property and the contract is between the seller and myself, DC Wierman. And then I decide that I\u2019m going to flip this property to Paul W. One of the things that sellers typically do not have a problem with and this is done frequently is that you can go to the seller and have an addendum and day that we\u2019re adding Paul W to the contract so the purchasers are going to be DCWierman and Paul W. And then shortly before settlement, I submit another addendum that say I\u2019m taking DC Wierman off of the deal and only Paul W is going to be left on the deal. And so through the series of a couple of addendums, we\u2019ve added who my ultimate buyer is going to be and then Paul W goes ahead to pay for my assignment fee.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"font-family: Arial;\">It\u2019s just little steps that you can take and to make these deals happen. This is done frequently with HUD deals because they will not allow you to assign a contract. But you can add a purchaser or you can take purchasers off. HUD doesn\u2019t often have a problem with that. And that\u2019s the way \u2026 deals frequently, adding a purchaser, taking off the original purchaser and leaving only the ultimate buyer in place at the contract.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"font-family: Arial;\">So you are probably going to ask me &#8221; How do you get paid? if its not going to be on the HUD?&#8221;:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"font-family: Arial;\">The answer is that it depends on the hud as far as the buyout is concerned but for the most part I\u2019m always getting paid on settlement. I rarely rarely collect money up front. The only time I collect money up front is when I don\u2019t trust my buyer. It\u2019s very rare that I collect the money up front and the only time is or I should completely say that I have collected the money up front to give the discount for a person who pays for me everything up front so that\u2019s not only the instance, I offer a discount if you pay up front. But in any event, that is another message that will work. <\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"font-family: Arial;\">Basically, adding a buyer and then taking yourself off on a later date. And when you have enough time to pull the settlement off, in the case of hud that takes about a week to get a buyer approved to be added, you send them another addendum. It takes about a week for them to approve that and take the buyer off. So you got to have time to work on the process. Don\u2019t expect to do that in two days that\u2019s not going to happen. You need for the whole cycle to go through to add the person and after that you need to go through the cycle before settlement takes the other one off.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"font-family: Arial;\">The buyout should be on the hud somewhere as a wholesaler. You would just say that the new seller is buying my position now in the contract and you know the title company send them letter stating that and they will put that in. <\/span><\/p>\n<h2 style=\"text-align: justify;\"><strong><span style=\"font-family: Arial;\"><br \/>\nTECHNIQUE # 3 &#8211; CREATE AN ENTITY<\/span><\/strong><\/h2>\n<p style=\"text-align: justify;\"><span style=\"font-family: Arial;\">What I do is I make an offer in the name of an entity (that does not exist yet). If I\u2019m purchasing a property at 123 Main Street. I might make my offer as 123 Maine St LLC. And if my offer gets accepted I\u2019m immediately going to go up out and set up the entity. I\u2019m gonna create the entity shortly after acceptance of my offer.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"font-family: Arial;\">I create and make an offer in a name of an entity and not allowed to assign my contract. But, at this point, I have this entity which owns that contract of purchase. I am allowed to assign or sell my right in that entity to another party. And when I do that, let\u2019s assume that Paul W says Duncan I do really want to buy that house from me can you assign that contract to me. I say Paul I can\u2019t assign the contract to you. But here\u2019s what I can do. I can assign the LLC that I just created. I can assign my ownership interest in that LLC to you. And this is you know, give me ten dollars and the LLC is yours. That is a very simple transaction. Something that\u2019s very easy to do.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"font-family: Arial;\">As far as the sellers are concerned, when they show up at settlement, 123 Main Street LLC is still the purchaser, nothing can change. There\u2019s a different person who is showing at that time in behalf of the LLC but they are still doing the deal with the exact same person, with the exact same entity that they originally went to contract with. So that is the message, that I have used many many many times. It was my method of preference for years. I created many LLCs when I was really high volume wholesaling and I assigned everything that way. Since that time fees have went up for LLCs here and and maintenance fee is going up, I\u2019ve opted to sort of stay away from that. I feel much higher margin deals where I don\u2019t really have to worry about the closing cost as much as I used to when there were smaller margins. By assigning LLC, I wasn\u2019t incurring any additional closing cost.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"font-family: Arial;\">I transfer the LLC to the new investor by with a very simple instrument called a &#8220;substitution member form&#8221; which really looks just like an assignment form in contracts. It has lot of the same verbiage simply says I, Duncan Wierman, assign all my right, title and interest in this LLC to Paul W and there is some other verbiage dealing with LLC and things like that. It\u2019s a very simple form. It\u2019s a simple process. It\u2019s not different at all. And then there\u2019s two things that we do, is we file two more pieces of paper which state 1. The change of address of the LLC to your address and we change the rest of the agent of the LLC from me to you.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"font-family: Arial;\">You don&#8217;t have to go out and hiring an attorney and say please create an LLC and create this big ring bind which is your corporate minutes and having meetings with yourself. You\u2019re not going to do any of that. You\u2019re using a very simple approach. Although legitimate, you\u2019re not leaving out things you shouldn\u2019t be leaving out. Its very quick and easy and a few pieces of paper and that\u2019s it.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"font-family: Arial;\">You can create LLCs online today for a few hundred dollars. Its not very complicated at all.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"font-family: Arial;\">NOTE: I do not obtain the tax identification number. I give that information to my buyer and tell them to get it. So whenever we form an LLC, I simply tell them at this point we don\u2019t have the EIN number. I even provide them with the form and say all you need to do is sign this and fax it off and you\u2019ll get your EIN number. You can even do that online. It was something I always leave for the buyer.<\/span><\/p>\n<h2 style=\"text-align: justify;\"><strong><span style=\"font-family: Arial;\">TECHNIQUE # 4 &#8211; LANDTRUST<\/span><\/strong><\/h2>\n<p style=\"text-align: justify;\"><span style=\"font-family: Arial;\">Based on the above technique, I know that many states it getting expensive to open and llc and also to maintain them, so the other alternative that works similar to an llc is a landtrust. You can create a land trust instead of an LLC and assign your beneficial interest on that land trust to your new purchaser instead of creating an entity. In some states, it\u2019s expensive to create an LLC and it\u2019s expensive to maintain them. Other states it\u2019s very cheap. So just keep that in mind that the land trust is another option if you do not want to spend money on the LLCs. <\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"font-family: Arial;\">W<\/span>e have been using land trust to take title for years. In addition to being superior vehicles for holding title (also known as &#8220;title holding trusts&#8221;) they can be used to acquire real estate with little out of pocket by taking over existing financing, and our focus here, getting around the bank&#8217;s &#8220;no assignment&#8221; clause.<\/p>\n<p>Please give a few moments for the video to load.<\/p>\n<p style=\"text-align: justify;\"><object width=\"524\" height=\"492\" classid=\"clsid:d27cdb6e-ae6d-11cf-96b8-444553540000\" codebase=\"http:\/\/download.macromedia.com\/pub\/shockwave\/cabs\/flash\/swflash.cab#version=6,0,40,0\"><param name=\"quality\" value=\"high\" \/><param name=\"flashvars\" value=\"csPreloader=http:\/\/content.screencast.com\/?parameters=882cc8c0-2d8e-4421-a328-55fc9ae523d6_b6be40c4-3d86-4dce-a7de-4f2b9c944c2c_static_0_application\/x-shockwave-flash_Land Trust Webinar_preload.swf&amp;csConfigFile=http:\/\/content.screencast.com\/?parameters=882cc8c0-2d8e-4421-a328-55fc9ae523d6_b6be40c4-3d86-4dce-a7de-4f2b9c944c2c_dynamic_4_text\/xml_Land Trust Webinar_config.xml\" \/><param name=\"src\" value=\"http:\/\/content.screencast.com\/?parameters=882cc8c0-2d8e-4421-a328-55fc9ae523d6_b6be40c4-3d86-4dce-a7de-4f2b9c944c2c_static_0_application\/x-shockwave-flash_Land Trust Webinar_controller.swf\" \/><embed width=\"524\" height=\"492\" type=\"application\/x-shockwave-flash\" src=\"http:\/\/content.screencast.com\/?parameters=882cc8c0-2d8e-4421-a328-55fc9ae523d6_b6be40c4-3d86-4dce-a7de-4f2b9c944c2c_static_0_application\/x-shockwave-flash_Land Trust Webinar_controller.swf\" quality=\"high\" flashvars=\"csPreloader=http:\/\/content.screencast.com\/?parameters=882cc8c0-2d8e-4421-a328-55fc9ae523d6_b6be40c4-3d86-4dce-a7de-4f2b9c944c2c_static_0_application\/x-shockwave-flash_Land Trust Webinar_preload.swf&amp;csConfigFile=http:\/\/content.screencast.com\/?parameters=882cc8c0-2d8e-4421-a328-55fc9ae523d6_b6be40c4-3d86-4dce-a7de-4f2b9c944c2c_dynamic_4_text\/xml_Land Trust Webinar_config.xml\" \/><\/object><\/p>\n<p>&nbsp;<\/p>\n<p>&nbsp;<\/p>\n<h2><strong><span style=\"font-family: Arial;\">TECHNIQUE # 5 &#8211; SIMULTANEOUS CLOSING<\/span><\/strong><\/h2>\n<p style=\"text-align: justify;\"><span style=\"font-family: Arial;\">As a last resort resort, you can always fall back on and do a simultaneous close. If everything else doesn\u2019t work for me, I default to simultaneous close and I get my deals done. What\u2019s most important is getting the deal done. But that\u2019s always my last resort because it cost more money to do two closes. I try to avoid it but I do them frequently when I can\u2019t get around any other way. For those who aren\u2019t aware of it simultaneous close, back-to-back close, double closing they\u2019re all the same thing. It\u2019s basically when you sign a contract with your purchaser and you have a contract to buy, you are signing another contract to sell with your buyer. So it\u2019s actually two contracts and two closings that take place at exact same time. So when I, when I say simultaneous close, that\u2019s what I\u2019m talking about. A good title company coordinates all of that. You don\u2019t have any issues of getting them done.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"font-family: Arial;\">One thing that many people have been running into an issue is just trying to get simultaneous closes done where title insurance have been telling the title company its not allow to do them without <em>buyer number one <\/em>actually bringing money to the front to the table to get their deals done.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"font-family: Arial;\">One of the things that I had discovered right away is that there are many attorneys who are hard-money lenders . Hard-money lending is just a great, great thing to do but many of these attorneys what they do in those cases where the title companies says that the funds have to be there, the attorney will answer the funds and they might, if they charge anything for it, sometimes they don\u2019t charge for it. They just put the money up to make the settlement happen and so that they can actually get paid on the two settlements. They want the two settlements. If they can\u2019t, if they do want to show it, they might create a note. They might charge a small fee for doing it. And then they just run through the transaction. But if you find the right title company then, you can make the simultaneous closes happen. If you have the title company who you\u2019ve been working with and who\u2019s been doing this for you and all of a sudden just can\u2019t do it anymore make that suggestion to them because a lot of them actually have the funds to be able to do that for you. <\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"font-family: Arial;\">Another option for short-term funding, based on the collateral rather than the creditor, I\u2019d highly recommend a program that&#8217;s basically \u00a0\u201cDough-for-a-Day\u201d (<a href=\"http:\/\/www.QuickTurnMoney.com\" target=\"_blank\">www.QuickTurnMoney.com<\/a>). This is cheap money for quick flips with easy qualifying. They will line up the money to fund the first transaction, the end-buyer funds the second, and you get paid the difference. <\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"font-family: Arial;\">There\u2019s always a way around it. <strong>I think this last tip is worth the whole price of the course !!!<\/strong><\/span><\/p>\n<h3 style=\"text-align: justify;\"><\/h3>\n<h2 style=\"text-align: justify;\"><span style=\"font-family: Arial;\"><strong>TECHNIQUE # 6<\/strong><\/span><\/h2>\n<p style=\"text-align: justify;\"><span style=\"font-family: Arial;\">Adding and addendum to a standard real estate contract that <strong>nulls<\/strong> the basic contract and creates new powerful terms in your favor. This might scare a few Realtors away with so many terms, but its worth a shot .<\/span><\/p>\n<h2 style=\"text-align: justify;\"><span style=\"font-family: Arial;\"><strong>TECHNIQUE # 7 &#8211; JOINT CLOSE AND QUITCLAIM<\/strong> <\/span><\/h2>\n<p style=\"text-align: justify;\"><span style=\"font-family: Arial;\">This method is to simply add the new buyer on your contract and then closing it with both your name and the buyer\u2019s name <strong>and then<em> quit claiming your buyer to your buyer outside closing<\/em>.<\/strong> The only issue with this that it was really my intention to assign it, then its just the extra steps to change the title. So if you want to keep your name off of the title that is not necessarily the way that I would go. But it is the technique that will work. <\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"font-family: Arial;\">I wanted to give you that last technique as another method of closing , even if not my ideal. It just goes to show you that you can get these deals closed. Don&#8217;t just quit and automatically just accept defeat and let things go. Think outside the box !<\/span><\/p>\n<p style=\"text-align: justify; padding-left: 60px;\"><span style=\"font-family: Arial;\">The below named documents should be used for all the above transactions:<\/span><\/p>\n<ol style=\"text-align: justify; padding-left: 60px;\">\n<li><span style=\"font-family: Arial;\">Assignment of Contract<\/span><\/li>\n<li><span style=\"font-family: Arial;\">Instructions to Title Company<\/span><\/li>\n<li><span style=\"font-family: Arial;\">Realtor Addendum<\/span><\/li>\n<li><span style=\"font-family: Arial;\"><span style=\"font-family: Arial;\">Nominee Instructions<\/span><\/span><\/li>\n<\/ol>\n<p>&nbsp;<\/p>\n<h2 style=\"text-align: justify;\"><span style=\"color: #ff0000;\">QUESTIONS FROM MY MENTOR STUDENTS:<\/span><\/h2>\n<p style=\"text-align: justify;\"><strong><span style=\"font-family: Arial;\">QUESTION ONE<\/span><\/strong><\/p>\n<p style=\"text-align: justify;\"><span style=\"font-family: Arial;\">Hey, Duncan, I heard there are all sort of problems with Simultaneous closes. What about the seasoning issue? What about title insurance? Most underwriters, do not insure title in this situation. &#8211; Dave B &#8211; Boulder Co <\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"font-family: Arial;\"><strong>Answer<\/strong> : That is never been my experience wherein under right or wrong insurance title and the experience is no reason for them not to insure it. If there\u2019s something along the line, some restrictions that would be the only reason that I would see them from doing it but to the best of my knowledge, every title insured out there will do it when they\u2019re saying that they won\u2019t do it it\u2019s as if the first part bring funds to the table which is the tip that I gave earlier on how to overcome that. But never have I seen them say that they won\u2019t insure title in a simultaneous close. If the title is clean, there\u2019s no reason to avoid that.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"font-family: Arial;\"><strong><em>Now lets handle the title insurance<\/em><\/strong><\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"font-family: Arial;\">Seasoning issues have nothing to do with the actual closing. Seasoning issues had to deal with the lenders. That\u2019s the lenders prohibition as far as when they\u2019re willing to for instance I\u2019m going back up I want to make sure it\u2019s clear. If I\u2019m selling you a property, (BUYER B), and you\u2019re going to a lender that has a seasoning requirement that says I must own a property for six months before they\u2019ll fund you, then that lender isn\u2019t going to work. <\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"font-family: Arial;\">The way I address that is I don\u2019t allow buyers to go to lenders that won\u2019t do it. I make sure that my buyers are lenders who will fund this deals and I usually recommend the lenders that they have to go to. <strong><em>So the key is making sure you\u2019re using the right team. <\/em><\/strong>If your finding yourself in a situation like that cast where your lenders are not participating or your title company is not participating, you just have the wrong team members and you need to go find new team members. And once you have that in place you won\u2019t run into those issues. <\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"font-family: Arial;\"><strong>QUESTION TWO<\/strong>:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"font-family: Arial;\">Hi Duncan, can you clarify how and when you get paid when you\u2019re using the strategy where you create an LLC and then sell the LLC. In other words, in what point and in what form you\u2019re getting your check? Phil and Carol &#8211; Jacksonville, FL <\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"font-family: Arial;\"><strong>Answer<\/strong> : I\u2019m getting my check at the settlement table and just about every time I do that. Now the way that it takes place is there is a couple things that can happen. One is that my buyer just writes me a check. He\u2019s simply paying me for the purchase of my LLC. That is <em>not something that shows upon the hud one <\/em>because that was not part of the real estate transaction. <\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"font-family: Arial;\">I want to take one step back just so that you know the way you protect yourselves in these cases is that in my substitution membership agreement that I signed with my buyer, the form we use to take over the LLC, <strong><em>it clearly states there what I\u2019m to be paid and when I\u2019m to be paid that I\u2019m to be paid at settlement of the property<\/em><\/strong>. I give that to the title company. Just so that all of you understand the title company cannot allow my buyer to sign the documents on behalf of that LLC without paying me. <\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"font-family: Arial;\">So now the title company, in order for them to make sure that they\u2019re providing clear title and doing everything that they\u2019re supposed to do, they have to make sure I get paid. So there\u2019s two things that happen, either my buyer writes me a check or if my buyer is borrowing the money including my fee, what\u2019s going to show up in the HUD one at the time of settlement is an overage. So if they borrowed $5,000 more that they could pay me, there\u2019s going to be 5,000 coming back to the purchaser at the time of settlement because they borrowed 5,000 more than what they needed. And then what they do at the time of settlement is the title company has them endorse that check over to me. So that\u2019s the way that I\u2019ve always handled it before. They\u2019ll borrow the money, which means they\u2019re getting extra money at settlement, the title company has them endorse the check over to me. And I walk out of there with the check. <\/span><\/p>\n<p style=\"text-align: justify;\"><strong><span style=\"font-family: Arial;\">QUESTION THREE<\/span><\/strong><\/p>\n<p style=\"text-align: justify;\"><span style=\"font-family: Arial;\">Hi Duncan, here in Michigan I recently had a deed restriction lifted to allow a closing to happen. Upon removing this, have you ever encountered a situation to where this was reinstated or in some fashion preventing an immediate future sale?<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"font-family: Arial;\">Duncan: I have never had a deed restriction lifted and I\u2019ve never been involved in a deal where there was a deed restriction that has kept me from moving forward. However, what I\u2019m understanding is that there is a misconception out there that\u2019s just a little lie back.Someone is apparently putting restrictions within the deeds of the properties that they are selling. However, they are not stopping you from selling the property immediately. They are preventing you from selling the property immediately from more than a 20% markup or they\u2019re preventing you from purchasing\u2026 from borrowing more than 120% of the purchase price. <\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"font-family: Arial;\">That is not first hand knowledge so don\u2019t take that to the bank. But that is the only thing that I have seen coming up. Are there such a thing as deed restrictions? Sure there are. There are some things within deeds where a family tries to tie up the property in perpetuity where they\u2019d never wanted anybody to do anything with it. You\u2019ve got this deed restriction that are in there, the family is not allowed to sell the property or they\u2019re not allowed to do certain things with it. I\u2019ve never run into that type of experience myself so I really can\u2019t comment on that. That would be but , I would not be speaking from experience in that case.<\/span><\/p>\n<p style=\"text-align: justify;\"><strong><span style=\"font-family: Arial;\">QUESTION FOUR<\/span><\/strong><\/p>\n<p style=\"text-align: justify;\"><span style=\"font-family: Arial;\">Hi Duncan, I am doing lending money on a simultaneous close, do you have to do anything to protect your check or do you just confirm with the title company to make sure that the funds are there and ready to go on to the backend.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"font-family: Arial;\">Duncan: If it\u2019s a title company that I\u2019m very comfortable with and I know, You don\u2019t have to do anything because you should know they\u2019re going to look out for you. If it\u2019s somebody who you don\u2019t know, DO not turn over your check until you know both of the parties and they are ready to go. So if your intentions are to lend for a few minutes then make it very clear to the lender that you are not releasing this check until you know that both transactions are going through. That\u2019s the way that I handle it.<\/span><\/p>\n<p>&nbsp;<\/p>\n<p>&nbsp;<\/p>\n<p>&nbsp;<\/p>\n<p style=\"text-align: justify;\"><!--\/fms--><\/p>\n","protected":false},"excerpt":{"rendered":"<p>I recently had a student ask me about the &#8220;no-assign&#8221; clause. They wanted to put an an offer on an REO property and they were concerned about how do they get around it. For those of you who don&#8217;t know and want to work the fast cash action with REO property strategy, that there is &hellip; <a href=\"https:\/\/www.duncanwierman.com\/content\/how-to-assign-non-assignable-contracts\/\" class=\"more-link\">Continue reading <span class=\"screen-reader-text\">How to Assign NON Assignable Contracts<\/span> <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":939,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[302,16],"tags":[],"_links":{"self":[{"href":"https:\/\/www.duncanwierman.com\/content\/wp-json\/wp\/v2\/posts\/1055"}],"collection":[{"href":"https:\/\/www.duncanwierman.com\/content\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.duncanwierman.com\/content\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.duncanwierman.com\/content\/wp-json\/wp\/v2\/users\/939"}],"replies":[{"embeddable":true,"href":"https:\/\/www.duncanwierman.com\/content\/wp-json\/wp\/v2\/comments?post=1055"}],"version-history":[{"count":13,"href":"https:\/\/www.duncanwierman.com\/content\/wp-json\/wp\/v2\/posts\/1055\/revisions"}],"predecessor-version":[{"id":6116,"href":"https:\/\/www.duncanwierman.com\/content\/wp-json\/wp\/v2\/posts\/1055\/revisions\/6116"}],"wp:attachment":[{"href":"https:\/\/www.duncanwierman.com\/content\/wp-json\/wp\/v2\/media?parent=1055"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.duncanwierman.com\/content\/wp-json\/wp\/v2\/categories?post=1055"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.duncanwierman.com\/content\/wp-json\/wp\/v2\/tags?post=1055"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}