The Risks of Buying in Emerging Real Estate Markets

Between 2004 and 2007, real estate investors, hungry for break-even or positive cash flow rental properties, purchased income property out of state. California investors bought houses in Florida, Texas, and Oklahoma. Florida investors purchased houses in Louisiana. Texas investors purchased in Las Vegas. Some these investors made millions of dollars because of the appreciation in hot markets.

On the other hand, many beginning investors lost their hard-earned investment capital or only made a meager profit because they failed to do their homework on the out of state area's real estate market and customs.

If you 're thinking about buying investment properties in a different state than you're accustomed to, beware of these five surprises.

Surprise # 1 - 'These (extra) costs are the norm in this state!

Besides extra closing costs like pricey surveys, common in Florida but rare in California, other surprise costs included higher transfer fees and taxes. Property taxes in Florida cost much more for investors in Florida than in California. On the other side of the country, out of state investors were shocked by California's state tax held in escrow: 3.8% of the property's SALE'S price, no matter the actual profit made. In other words, an investor who made a quick profit of $20,000 on a fast flip could have more than the profit held until the next year's income tax filing.

Surprise # 2 - 'You can't lease this property!

New home developers and many Homeowners' Associations (HOA)s prohibit property owners from leasing their properties. Some of these restrictions got passed, without the investor being notified, during the property purchase phase. You must read the fine print to see if any clauses prevent the rental of the property. Home builders, to keep the value of the neighborhood up, added restrictions requiring the purchaser to occupy the home as a primary or secondary residence.

Surprise # 3 - 'This house will only rent for $750 per month, not $1200!

This was one of the top mistakes made by investor. Large real estate investing groups, selling out of state properties to local investors, inflated the rental income. Because so many houses were purchased in a limited area by investors, a rental glut lowered expected income. This created hardships for investors who suddenly had to pay out hundreds of dollars a month instead of reaping promised profits.

Surprise # 4 - 'You can't sell this house, now!

Some investors who couldn't rent the out of state property decided to sell because the values did rise significantly while the house was built or during the purchase time. However, many investors were stunned when they were told they couldn't sell the property within the first year after purchase. Restrictions prohibiting real estate investors from quick-turning their properties is a trend that is growing increasingly popular with some developers.

Surprise # 5 - 'Houses don't appreciate 30% per year here!

Perhaps you've attended or been invited to a high-power investment seminar that promotes out of state real estate investing. Some of these 'investor clubs' really are promoters who receive kick-backs in real estate commissions, property management fees, mortgage loan fees, and even fire insurance premiums. They tell stories of huge appreciation gains, which are probably true. However, not all areas enjoy significant appreciation--year after year.

Don't make the costly mistake of not fully researching the complete market customs and restrictions in the area where you're thinking about investing. If you can't afford to go to check out the area in person, choose another area that you can visit.

Tips for Beginning Real Estate Investors to Avoid Scams - by William Bronchick

For beginners, real estate investing is never a walk in the park. It has a lot of risks. There are numerous companies that sell property investments for novices but the question would strike you with the trust that they impose. This is a beginner’s investment guide for one to realize the things that he or she needs to say “no” to and what should be regarded as false reassurances.

Tip 1 – Scout the area

Before investing in a property, you must first asses the area. Does it have every inch of it being desirable for a family, a couple or an individual to live in? For beginners, you must first try to settle on the ones that’s “safe”. Ignore those that have risks attached to it. Stick to the properties with good reputation. Areas having good reputations will not cover any mortgage therefore looking for an area where figures do stack up is more appropriate. You have to be very careful with individuals and companies who indulge in selling properties that looks ancient or having lots of deserted houses or was known to be an area having illegal activities like drug trafficking and so on. These kinds of properties are fine but if you don’t have any kind of background yet, stick to the safest areas offered.

Tip 2 – Trust no one

Ask yourself this – do I have the money to afford the property of my choice? Commissions come in huge packages. Individuals or companies have ways of creatively getting your attention and dodging you into agreeing with their offer. Some of the truths are hidden lies that often make you think that you can afford a particular property where in fact, it will lead you to bankruptcy. If you think you can’t afford the property, don’t accept the offer. Turn it down. You will have a certain gut feeling about this, rest assured. Don’t be easily swept with seemingly wise words and sweet nothings. Follow your own pace. However, pushing yourself to achieving your goals will lead you in achieving learning and development.

Tip 3 – Ask

Don’t be afraid to pop out a question especially for those who are saying so much. If an agent or a certain individual offers you something, ask the person if he or she has invested in the property that he or she is offering. If they have, then, it proves that the property is and will be a good investment. But if they haven’t invested in anything that they claim, pop another question. Sometimes, what companies and agents offer will speak for themselves. Think, if what they offer are so fantastic, then why haven’t they invested on it? Until they have satisfied your questions, might as well turn down the offer.

Tip 4 - Be on your guard

There are a lot of people who will go into such lengths such as fooling other people for their benefit. You shouldn’t be fooled by what companies claim about property masters or gurus for these may lure you into believing nothing. In real estate investing, you have to always be on your guard to avoid certain decisions that can lead you into a predicament.
Following these simple tips will definitely guide you into having a more profitable and risk-free deal. These tips will give you a head start.

Why Real Estate Investing?

At present, the number of real estate investors continues to rise  continually because many individuals today realized the high earning potential of real estate investing. Real estate properties have very attractive qualities that ensure viable income opportunities. If you want to enjoy the many benefits of real estate investing, start choosing your investments now.

If you have established long term goals, then you should invest on a certain scale over the long term. For instance, you purchase a real estate property. You need to hold it for a few years so that the home equity is built until it becomes a good or excellent deal.  Homeowners benefit a lot from equity because when equity is high, the net worth is also high. Many real estate investors prefer to invest over the long term for this reason.

By purchasing a real estate property, you will also enjoy the tax advantages that come along with it since you now own your investment property. Tax advantages vary depending on the property you purchase. Before engaging in any transaction, you should look into the possible advantages that you can get. Compare various properties and choose the ones that have the highest tax advantages.

Some investors tend to purchase properties and then resell them for a higher price. This type of investment promises high returns. You should consider the time of the purchase and the market condition. Check for the profit margin once you decide to sell the property. There are several factors that you need to consider before you purchase a certain property such as current property sales, upkeep, and renovations.

Can you hold the property for a short period? You should always be prepared because there are times when you can’t easily sold the property you’ve bought. After looking into these factors, you can now determine if a certain property is profitable or not. If the property can be sold quickly, then you will enjoy the benefits that come along with it.

There are real estate investors that become landlords. Some investors purchase properties but they don’t resell them; instead, they lease the property. If the property comes with a mortgage, the investor will need to pay for it but he or she will also receive additional incomes from the rents.

So you see, there are a lot of benefits if you decide to enter the real estate business. To summarize, the benefits are – build equity on the property, tax advantages, high return from reselling properties, and earn additional income by leasing properties.

It doesn’t really matter if you have short term or long term goals. The earning opportunities in real estate investing are really attractive. It’s no wonder why many people are now into the real estate business. If you want to enjoy the same benefits, try to determine if this is the right thing for you. You need to be interested in the purchase of real estate and you need to have adequate capital. To generate capital, you can take advantage of grants provided by governments or you can get capital in other ways.

Mortgage Elimination Scams

You’ve seen the emails:

“Legally eliminate your mortgage!!”

Can this possibly be true? Well, I’ve read the claims and researched the law and here’s what I came up with.

The Claim

The claim is that you can legally eliminate your mortgage based on an accounting loophole that goes something like this…

“If the lender who funded your loan used borrowed money to fund your loan, then the loan is not valid. And, since the loan is not valid, the security (mortgage or deed of trust) is not valid either. All you do is simply march into court and ask a judge to void your mortgage lien, and you don’t have to pay it back.”

Now, without going into the legal issues, a common sense approach would tell you that the entire premise of this argument is patently absurd. Think about it… most lenders use borrowed money to fund loans, that’s the nature of the business.

So, if these “mortgage elimination” promoters are correct, then millions of mortgages would be void. 

The entire economy would collapse. This sounds vaguely familiar to the “tax protestor” scam where people claimed that they didn’t owe income tax because the government did not have the constitutional authority to tax them. More on that later…

The Law

The mortgage elimination promoters cite various court cases in support of their position. At first blush, it would seem there are dozens of court cases in which the judge actually did what they claimed, that is, declare a mortgage void because the lender used borrowed funds for the loan. But, since most laymen are not trained in the law, they take this stuff, hook, line and sinker.

I’ve read the decisions and they all have a common theme: they don’t support the mortgage elimination theory. In fact, most of the cases are only vaguely on point.

The “tax protestor” promoters did the same thing… take a quote from a judge’s decision out of context and cite the case as support for their position. In the end, the tax protestors all lost in court, paid large fines and went away with their tails between their legs. The government went after the promoters of the scam.

Similarly, the government is going after the promoters of the mortgage elimination scam. The Federal Reserve recently issued a warning, a copy of which can be found at the end of this article. The Office of the Comptroller of the Currency issued a similar warning last year.

The FBI recently raided the office of the Dorean Group, a big promoter of the mortgage elimination scheme. 

The Cult of Stupidity

As I write this, undoubtedly a few “followers” of the theory will email me and argue that I don’t understand or that I’m part of the “establishment mentality” that keeps the little guy down. Of course, these are likely the same people who are collecting referral fees from the scammers that are charging thousands of dollars to consumers in exchange for a false promise to eliminate their mortgages.

On a philosophical level, I appreciate discussions about how the dollar really isn’t backed by gold, the government doesn’t have the right to tax Americans and the the like. But I wouldn’t tell a client to actually rely on any of these theories in a court of law. Nor would I charge someone thousands of dollars in exchange for a promise or guarantee that their mortgage could be eliminated without paying it off.

How to Really Eliminate Your Mortgage

There are some legal ways to eliminate your mortgage:

1. Pay it off in full
2. File for chapter 7 bankruptcy (in which case you will not be liable for the mortgage note, but you will also lose the house)
3. Find a REAL legal challenge that a judge is willing to accept as a valid reason to declare the debt void, such as usury, gross violation of lending laws, fraud, incompetency or the like

Avoiding Real Estate Scams by William Bronchick

There's lots of real estate scams out there you have to be aware of.  Don't get caught in one.

1. The Wholesale Scam.

Investors prey on newbies with so-called "wholesale" deals that aren't wholesale at all.  They give unreliable or inaccurate comps to bolster their BS ARVs.  Don't rely on the seller for comps, Bronchick says, "Do your own instead using Trulia.com, Redfin.com and Zillow.com".

2. Lying on Your Loan App.

Unethical mortgage brokers will tell you to lie and say you are living in the property when in fact you have no plans of doing so.  You may get away with it once or twice, but is it worth going to federal prison if you get caught?  Bronchick says, "NO!!".

3. The Bogus Appraisal Scam.

Sometimes the seller and the appraiser are in cahoots on the appraisal.  Don't be fooled - Bronchick says, "Do your own research or your own appraisal".

4. Shoddy Repairs.

Even though you are buying a fixed up property from a contractor or seller who just did a rehab, do an inspection!  Just because it looks good doesn't mean its really done right.  Cosmetics can cover up a lot.

5. Short Sale Scams or Fraud.

I am not one of the people who think that reselling a short sale is fraud, but there's many other ways you can get into trouble.  Giving the lender bogus comps, lying about the seller's hardship or doing an inside deal where you sell back to the seller are all acts of fraud punishable by jail time.  Bronchick says, "Don't do it, it's not worth it."

There's a lot of ways to get rich in America on real estate, but shortcuts will land you into hot water.  Bronchick says, "Be honest, don't break the law".