Your written promise to provide a lender with something of value (money,
property, goods, or serviced) is the basic leverage tool you use for acquiring
property without cash. When you give such a promise, an IOU, as non technical
people call it, you are creating paper, as financial people say. The paper they
are referring to is a promissory note.
Your note may be either secured or unsecured. If it is secured by real
estate, the security instrument will be either a mortgage or a trust deed. But
there are many other ways of securing a note, and you ought to be aware of them,
because they can work financial miracles for you.
Your only limitation is what the other party (the lender or beneficiary who
accepts your note) will agree to. If the security is tangible collateral, you
put it where the lender can take it, wholly or in part, to cover any of the loan
balance you do not pay. But if the lender has more confidence in you, the
security can be intangible, such as a pledge of cash flow generated by the
property you are purchasing, or possibly a promise to paint the owner’s house or
give him Spanish lessons of whatever.
A big advantage of creating your own paper is that you can tailor and
embroider the terms and conditions to suit yourself, subject only to the other
party’s approval. If you convince him that the terms will benefit him too, you
can get one or several of the following:
1. A low interest rate
2. A long term for repayment
3. A fully amortized pay schedule
4. Lump sum payment
5. Payments of interest only
6. Payments of less than interest, with unpaid interest to mount up and
be paid when the note falls due
7. A moratorium (delay) on payments for a period of time
8. No payment during the life of the note, with all interest accruing
9. Performance clauses which link payments to the performance of the
property you are buying – for example, payments equal to 90 percent of the
cash flow or occupancy rate
The above is only a partial list. You can extend it indefinitely, limited
only by your own inventiveness and what a seller will accept.
Here’s an example. Suppose you want to buy Mrs. Vanderbuck’s house, but all
your cash is invested elsewhere. Here asking price is $100,000, which you know
is reasonable. But she wants $20,000 down, which you don’t have.
Her equity in the house is $40,000, since she owes $60,000 on a loan. You ask
her to accept your note, secured by a mortgage on the property, for her entire
equity of $40,000. she admits that she does not need cash, but nevertheless she
refuses your offer. If you do not put up any money, you might be tempted to
default on your note and turn the house back to me in worse condition than you
got it. She points out.
So you figure out a new offer: “I will create a $20,000 note secured by a
mortgage on my own home. Along with it I will give you another r$20,000 note
secured by a second mortgage on your house.” Mrs. Vanderbucks examines your home
and the existing first mortgage on it. She decides you are offering adequate
protection, so she sells on these terms.
Refinancing can conjure up cash for a down payment without any out of pocket
cost to you. For example, suppose you see a house advertised for sale at
$110,000, and you want it. You persuade Mr. MacSure, the owner, to sell for
$100,000. But he asks you to pay $20,000 down, and also to assume one of those
variable rate mortgages, which is on the verge of increasing by another half a
percent. He owes $60,000 on it.
Here is how you get $20,000 cash for him, and still acquire his property
without putting up your own money: you pay off his $60,000 mortgage by
negotiating a new loan of $80,000, from which you hand over the surplus $20,000
to MacSure. You also give him a $20,000 note for the rest of the purchase price.
This note is secured by a second mortgage or trust deed on the property. So
everyone is happy.
Another strategy could be to buy two properties from MacSure, refinance one,
and use the resulting cash for a down payment on the other.
A cosigner’s credit may be better than yours, and may be impressive enough to
persuade an owner to sell for no cash down. Young Mr. And Mrs. Workman wanted to
buy their first property – a duplex in a good part of town – and occupy one of
the units themselves. Their combined income (including the rental income from
one of the two units) would be more than enough to cover mortgage payments, pay
taxes and make payments on a note for the down payment. They provided proof of
all this. But the owner still would not accept their note for the down payment.
Mrs. Workman solved the problem in half an hour, by getting her father, an
established businessman, to cosign their note.
Unless you are lucky enough to have an accommodating, well heeled friend or
relative, you may have to offer inducements to a cosigner, because he realize
that you can default and leave him stuck with your debt. Maybe he will accept
your written promise (which of course is a legal commitment, enforceable in
court) to pay him a certain amount monthly for a specified term. Or maybe you
can offer adequate security such as the pink slip (ownership certificate) for
your car.
An investor may back you by putting up cash for your purchase of property.
This is the elephant and mouse concept described at the Lowry Real Estate
Investors Seminar. An elephant is someone with ample money for investment, but
no expertise in real esate and no time for studying it. He maybe a busy
executive or professional person. If he is smart, he knows that real estate is
about the best investment to be found, and he is receptive to overtures from a
mouse.
A mouse is knowledgeable in real estate and good at home repairs, has time
and energy to expend, but little or no capital. It makes sense for a mouse and
elephant to form a partnership and buy a property, which need fixing up and
prettying up. They agree that the elephant will provide the necessary cash, in
return for half the profits when they sell the property. The elephant’s attorney
and tax adviser can draw up the partnership agreement and other documents in
such a way that the elephant will get the lion’s hare for the tax benefits from
the arrangement.
If their venture works out well, they may embark on larger projects by
forming a limited partnership or syndicate.
Buying a building but not the land is a fairly new concept that is spreading
across the continent form Hawaii, where it first became widely accepted. Some
innovative developers in California and other areas are selling even single
family, owner occupied homes on this basis.
Here is an example of how you might use the idea. Mr. And Mrs. Joe Bleau own
a thirty year old apartment building free and clear. They are tired of the
burdens of ownership, so they are eager to sell out and move to the desert. They
advertise the property for sale at $325,000.
Alex just moved to the mainland from Hawaii, offers $300,000. The Bleaus
accept – on condition that he pays $75,000 down, which he cannot do.
But he finds that the assessors have valued the land at 20 percent of the
property’s total value, which would make it worth $60,000 of the agreed on price
of $300,000. So he proposes that if they will take his note for $240,000 and he
will buy only the improvements (the building, swimming pool, driveways and so
on) for that amount. He said, “You keep title to the land. I will lease the land
from you on a long-term lease, so you will be getting payments on it every
monthly for a long time to come, and your taxes will be much lower. You will
still own a $60,000 piece of land, as well as a note for $240,000 instead of the
$225,000 you asked.”
The Bleaus have never heard of such an arrangement. But they check it with
their business adviser, who assures them that it is perfectly legal, and
probably advantageous to everyone concerned. In view of their estate plans and
their desire to move away, they realize that Alex’s offer is good for them and
their heirs.
Remember these high points:
1. Sellers seldom hint that they might waive a down payment. But they can
be persuaded if they do not need cash, or if they must sell quickly. Feel
them out if you think there is any possibility.
2. You can suggest that the seller refinance the property before selling
it o you.
3. You can offer your personal note in lieu of down payment, and suggest
that he get cash by pledging it as security for a loan.
4. You can offer to pay higher interest rates.
5. You can offer a shorter repayment term.
6. There are many ways of securing your own note, and tailoring its
terms.
7. Refinancing the property you are buying can provide cash for a down
payment.
8. If your note is not acceptable, look for a cosigner or an investor who
will become your inactive partner.
9. A seller may be willing to keep title to the underlying land instead
of taking a down payment.