All Topics / Creative Investing / Any suggestions on this Vendor Finance transaction…

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  • Profile photo of PavSPavS
    Member
    @pavs
    Join Date: 2009
    Post Count: 7

    the situation is like a Mortgage Repossession:

    The property was in litigation since 2009 and it just came of the litigation in october 2012. Because it was in litigation the owner did not have to pay any payments to the bank during the litigation period.

    Now the property is in the possession of the bank but the bank is letting the owner/people stay for certain period upto Jan 2013. The bank has also instructed the people to sell it and they are trying to sell it @$250k since 1.5 yr and hasn't been sold.

    Obviously, Bank wants its money atleast now as it's been sitting on their books since 2009 as Non-Performing Asset. I am thinking the Bank would be flexible to negotiate to get the property of its Books rather than carry it much forward.

    Lot size – 3188sqm

    Just the Land Value – $49k

    The property is worth around $210k (according to RP and they have given a range up to $230k)

    Bank wants $200k to discharge the mortgage.

    I was thinking to Vendor finance the deposit to the coming in buyer and the buyer gets the other part as a loan from their lender.

    What do you think is best to do in this scenario – 

    I should first option the property and then go to the Bank and negotiate?

    Or

    I should get a "Deed of priority"/"power of attorney" and then go to the Bank and negotiate?

    Or

    I should mention in my Option contract with the seller that whatever the Bank charges to discharge the mortgage I will agree that price.

    Any suggestions for this are very much appreciated…

    tx

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Sounds like the bank is selling it. They are not going to want to get involved in any vendor finance arrangement or an option.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of Paul DobsonPaul Dobson
    Participant
    @pauldobson
    Join Date: 2003
    Post Count: 1,196

    Hi Pav

    I couldn't agree more with Terry.  I'm not sure how much vendor finance experience you've got but I'd suggest:

    1. As soon as you hear that a lender has received a writ of possession you move onto the next transaction (unless you want to buy it via mortgagee auction) and

    2. Assumptive Joint Ventures (AJV's) are an advanced strategy, i.e. ensure you have quite a high level of VF experience before you try one and, if you don't have a lot of experience and come across a potential AJV, do it with an experienced vendor financier who has experience with AJV's.

    Cheers, Paul

    Paul Dobson | Vendor Finance Institute
    http://www.vendorfinanceinstitute.com.au
    Email Me | Phone Me

    An alternative way to finance your home.

Viewing 3 posts - 1 through 3 (of 3 total)

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