Considerations When Selling on an Installment Contract

By Mr. Land Trust, RANDY HUGHES

One of the many ways to make money in the real estate business is to buy low and sell higher on an installment contract.

The traditional method of contract selling is known as “Contract for Deed.” It is a risky way of selling property when the buyer does not have cash or conventional financing. The risk involves the buyer defaulting on the contract.

Where’s the Risk?

By law, even though they have defaulted, the buyer still has an “equitable interest” in YOUR property. That interest must be foreclosed upon.

Foreclosure is a time-consuming and expensive legal process that can take months to accomplish while the contract seller makes payments on her underlying loan with no income to offset her payments. This is the WORST part of real estate investing.

One of the many benefits of using a Land Trust to hold title to investment real estate is the ability to sell the Beneficial Interest (which is personal property and not real property in most states) on an installment contract with the capability to “repossess” the Beneficial Interest when default occurs instead of having to “foreclose” the interest. Repossession takes about 30 days, foreclosure can up to a year.

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A Guiding Example

Regardless of which method you use to “sell on a contract,” selling the real property or the Beneficial Interest, you should check your State’s law regarding Contract Sales. For example, in Illinois, there is the Installment Sales Contract Act. It represents an excellent example of why I am always recommending that you seek competent legal counsel. There are certain disclosures required under the Illinois Installment Sales Contract Act.

The Act states that it means a “. . . legal device whereby a seller agrees to sell and the buyer agrees to buy a residential real estate.” Wait!, you say. Didn’t you just write that the Beneficial Interest is personal property? You are correct. I did. It is in most states and that is why I like to set my trusts up in states that consider the Beneficial Interest of a Land Trust personal property. And as documented in the DePaul University Law Review, volume 18, issue 2, article 37, page 878, it is.

Since the Beneficial Interest is not real estate, does the Act apply? The attorney in Illinois with whom I consulted encouraged me to comply with the Act anyway in case a judge rules that the Act does apply. When you go in front of a judge, anything can happen . . . no matter what the law in your State says. Judges “make law” every day in their courtrooms and if you don’t like it, you can appeal.

This Could Be a Good Thing

Even if you view the attorney I consulted as being overly cautious, you might consider fulfilling the requirements under that law. They could make your contract even more defensible if it should be challenged.

Here are highlights of those requirements:

  1. The contract must be in writing;
  2. The Seller must give the Buyer a copy of the contract at least 3-days before closing.
  3. The contract must contain many disclosures, including, but not limited to the following:
  • Purchase price
  • Down payment
  • Interest rate
  • Payment due date
  • Balloon payment due date (if any)
  • Amortization Schedule
  • Statement of who is responsible for repairs.
  • Who pays real estate tax bills
  • Who pays for property insurance
  • A list of building code violations
  • Amount of any unpaid real estate property taxes
  • If there are any liens against the property
  • If the property has been condemned
  • The Seller must record the contract or a memorandum of the contract at the Recorder of Deeds Office in the county where the property is located
  • The Seller must provide the Buyer with an account statement upon request
  • No pre-payment penalties can be charged for payments not due yet
  • If you default, you have the right to pay all fees and charges currently due under the contract to cure the default in 90 days.

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I encourage you to learn more by going to my FREE online training at www.landtrustwebinar.com/411 and text the word “reasons” to 206-203-2005 for my free booklet, Reasons to Use a Land Trust. You can also reach me the old-fashioned way by calling me at 217-355-1281. (I actually answer my own phone, unlike most other businesses in America today!)

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Navigating the New Norm: Multifamily Housing Trends of 2024

By Dr. Chander Mishra

As we progress through 2024, the multifamily real estate sector continues to experience significant transformations, shaping a landscape brimming with both challenges and opportunities.

This detailed analysis delves into the seven pivotal trends that are not only redefining the multifamily market in the current year but are also expected to influence the sector well beyond 2024. Providing a comprehensive guide, this overview caters to investors and industry professionals aiming to navigate these evolving dynamics effectively.

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1. Historic Surge in Multifamily Construction

The year 2024 stands out for its record-breaking pace in multifamily construction, with the completion rates of new units reaching unprecedented levels. This boom is the result of a robust pipeline of projects initiated over the past few years. However, a recent deceleration in new construction starts—prompted by economic shifts, including interest rate adjustments—hints at a potential contraction in the pipeline by 2025. Currently, the market faces heightened competition as a flood of new properties enters the scene.

2. Rental Market Stabilization and Growth

Following a period marked by extreme volatility, the multifamily rental market is poised for stabilization. Predictions indicate a gradual increase in rental rates, fueled by a stable employment landscape, sustained housing demand, and ongoing economic uncertainties. The expected rent growth, while modest, suggests a market moving towards equilibrium, balancing out the rapid fluctuations experienced previously.

3. The Shift Towards Long-term Rentals

A significant trend reshaping the multifamily market is the growing preference for long-term rentals over homeownership. This shift is largely driven by the prohibitive mortgage rates and general unaffordability in the home-buying sector, which has broadened the demographic profile of renters to include those who might traditionally opt to buy. This demographic evolution offers real estate operators a chance to cater to a burgeoning market segment with specialized services and amenities aimed at long-term renters.

4. Impact of Hybrid Work Models

The adoption of hybrid work arrangements is significantly influencing multifamily housing preferences. As more people engage in remote or hybrid work, there’s an elevated demand for living spaces that accommodate home offices. Additionally, there’s a noticeable shift in preference towards multifamily locations further from conventional business districts. This shift provides an opportunity for real estate developers to innovate in property design and amenities, addressing the needs of a workforce that values flexibility and convenience.

5. Advancements in Property Search Technologies

The role of advanced technologies, particularly AI, in enhancing multifamily property searches is expected to expand in 2024. Building on the technological advancements of recent years, AI will increasingly influence how potential renters and buyers explore the property market, offering AI-powered search tools, virtual tours, and personalized recommendations. These technological advancements promise to make the property search process more efficient and tailored to individual preferences.

6. Emphasis on Environmental Sustainability

Environmental sustainability is becoming a critical factor in the multifamily real estate market. A growing segment of consumers is expressing a preference for eco-friendly housing options, including energy-efficient buildings, sustainable construction practices, and features that minimize the carbon footprint of residences. Real estate developers prioritizing sustainability are likely to appeal to environmentally conscious renters, aligning with broader societal shifts towards green living.

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7. Demographic Shifts Influencing Housing

Changes in demographics, such as the aging of certain populations and the emergence of millennial and Gen Z as significant groups of homebuyers and renters, are dictating evolving housing needs and preferences. These demographic trends necessitate a variety of housing solutions, from multi-generational living arrangements to affordable options for younger adults and accessible features for older residents.

Conclusion

The multifamily real estate market in 2024 is characterized by rapid evolution and diverse opportunities. For investors and industry stakeholders, staying informed about these trends is essential for navigating the complexities of the market and leveraging the potential it offers. As the sector continues to adapt and grow, the coming year promises to be a pivotal one for multifamily real estate, driven by innovation, consumer preferences, and economic factors.

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If you are interested in exploring the world of multifamily real estate investing and discovering how you can secure your financial future, we invite you to visit our website and schedule a call with us. Take the first step towards a brighter and more prosperous tomorrow with BlueOcean.

The Broadleaf mixed-use residential development opening at Fitzsimons Village

Located across Colfax from the Anschutz Medical Campus, the new development will include 370 residential apartments and ground-floor retail anchored by Queen City Collective Coffee

Aurora, CO (June 2024) – The development team of Uplands Real Estate Partners, The Max Collaborative, and Wynne Yasmer Real Estate (the same group behind the development of One River North) is pleased to announce the opening of The Broadleaf, a mixed-use residential development located within Fitzsimons Village, across from the Anschutz Medical Campus. The development includes 370 apartments and more than 9,000 square feet of ground-floor retail space lining the boulevard within the master-planned Village. Queen City Collective Coffee has signed on to operate a café space integrated within the residential lobby. Davis Partnership Architects is the architect for the project and JE Dunn is the general contractor. Kairoi Residential has been chosen to be the property manager.

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The Broadleaf marks the second project opening this year for the development team in the greater Denver market. The partnership recently opened the iconic One River North project, a residential high rise in Denver’s River North Arts District (RiNo), which has garnered national attention for its unique architecture with a “canyon” traveling through its facade. Uplands Real Estate Partners and The Max Collaborative were both founded by members of the Ratner family, the founding family of Forest City Realty Trust, which led the transformative redevelopment of Denver’s old Stapleton International Airport. Wynne Yasmer Real Estate is a Denver-based developer whose principals, Brian Wynne and K.C. Yasmer, are both former Forest City executives.

“We’re thrilled to bring a boutique residential building with top-of-market amenities to the professionals who work and study at the Anschutz Medical Campus,” said Josh Hoffman, a principal with Uplands. “The medical campus is home to approximately 25,000 employees and more than 4,000 students, with a total of 55,000 people expected to be working or studying at the campus at full buildout. The Broadleaf will provide residents with a level of quality, design, and amenities not yet offered in proximity to the campus.”

The Broadleaf is located four blocks from the Colfax Light Rail Station, providing future residents with direct access to downtown Denver, Denver International Airport, and the southeast business corridor. The development features a robust amenity package including the only rooftop pool in the area with dramatic views of the mountain range, a state-of-the-art indoor / outdoor fitness center, coworking spaces, a pet spa, bike storage with workshop, a boutique coffee shop, and secure garage parking. A half-acre outdoor courtyard will provide an urban oasis with grills, picnic tables, lounge seating, lush landscaping, and outdoor lawns for yoga and exercise.

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At seven stories, The Broadleaf is the tallest residential building in the submarket. It is the only residential building in the submarket constructed from light-gauge steel, providing superior acoustics and less sound between residences. The meticulously designed residences feature best-in-class finishes and offer one-, two- and three-bedroom apartments ranging in size from 500 square feet to 1,600 square feet.

Media Contact: Paul Suter, Suter Media Relations

720-771-9093 or [email protected]

Top Ten Myths Preventing People from Investing In Real Estate

By Lloyd Segal,
President of LAC-REIA

Myth 1: No Cash

The Myth: “You need money to invest in real estate.”
The Truth: Find a good real estate deal, and the money will find you. Ask any experienced investor and they will tell you that a lack of funds is never an issue; lack of good deals is! If you can negotiate a good price on a house, you will find plenty of partners or lenders willing to put up the money.

Myth 2: No Time

The Myth: “I’ve got a job, a spouse, kids, and little spare time to invest.”
The Truth: Turn off your television and you’ll have all the time you need! People spend an average three hours per day in front of the tube. They spend even more time on weekends. Want to do something fun this Saturday? Load the kids in the mini-van and drive around looking for ugly houses. Make a game out of it giving a dollar to each of your kids that spots an ugly house. Tell them that each ugly house you buy means enough money to take them all to Disneyland.

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Myth 3: Everyone Says This Stuff Doesn’t Work

The Myth: “Those late night infomercials and reality shows don’t work”
The Truth: You can convince yourself that anything won’t work. Henry Ford once said, “Whether you think you can or think you can’t, you are always right.” If you listen to the critics, the naysayers, and other pessimists, you’ll convince yourself it doesn’t work. Most people that criticize money-making ideas need to do so for their own ego. After all, if it were true, what’s their excuse for not being successful? Make a point of not taking financial advice from anyone who makes less than you do.

Myth 4: Too Much Competition

The Myth: “There’s too many people trying to buy houses to find a deal.”
The Truth: There are more than enough deals to make everyone successful. At any given time there are hundreds of distressed properties for sale in your market for each investor looking for them. Besides, a majority of people who say they are investors are just sitting on the sidelines waiting for something to fall in their lap. Don’t be one of them – go out and make deals happen! You will be successful if you spend your time finding deals and not worrying about other people.

Myth 5: It Doesn’t Work in My Market

The Myth: “It doesn’t work in my city.”
The Truth: It works in EVERY market. True, it may work differently in some markets than others, but there are investors making money in every city, every day of the week. You have to learn your market – the rents, the trends, the local customs, the lenders, the title companies, etc. Then, learn the techniques and adapt them to your market. If you are in a hot market, you can buy and sell properties faster and ride inflation. If you are in a down market, you can find lots of bargains. Regardless, in every market, there are people with financial problems that are forced to sell their homes.

Myth 6: The Recession is Coming

The Myth: “Although the market is good right now, I hear that we are heading for another recession.”
The Truth: There are always naysayers predicting market crashes. You need to ignore these pundits. Besides, there are always deals regardless which way the market is heading. If the market changes, change your strategy. For example, if the market falls, sell cheaper or with attractive terms. When Dell wants to move more computers, they drop the price. When GM wants to move cars, they offer no-interest financing. Be creative and do things that make your houses sell or rent faster. If prices are falling, buy way below market and sell just below market. If rental vacancies go up, offer free cable or WiFi. After all, when everyone else is “dooming and glooming,” it only clears out the competition.

Myth 7: Realtors Won’t Cooperate With Me

The Myth: “Real estate agents don’t cooperate with investors.”
The Truth: The right agent can be your best friend and #1 source of business. I have one agent that brought me six deals in the past year. She knows exactly what I want and only calls me when there’s a deal. You need to educate a few agents and let them know exactly what you want. Few agents have repeat customers. In contrast, you have to make them understand that you will be giving them business over and over again.

Myth 8: I Have Bad Credit

The Myth: “I need good credit to buy houses.”
The Truth: Good credit helps, but you don’t need it to make money in real estate. Lease/options, owner-financing, flipping properties, assignments, and other creative techniques will allow you to buy real estate without credit. Besides, you can always use a partner who has good credit. You can also borrow “hard money” without having good credit. In the interim, you can work on fixing your bad credit so you can use it as an asset in the future.

Myth 9: I Might Lose Money

The Myth: “Real estate is risky. I could lose everything.”
The Truth: Real estate is one of the safest investments you can make! The stock market is beyond your control. Savings, CDs, money market funds won’t earn you enough money to make it worthwhile. You have to be willing to take a calculated risk to make money. The more you educate yourself, the less risky real estate becomes. However, don’t think you need to know everything before taking action.

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Myth 10: I Don’t Know What To Do First

The Myth: “I need to learn more before I start.”
The Truth: If you’re reading this, you probably know more than enough to get started in real estate. After all, you’ll never learn everything. Knowledge is an ongoing learning process, not a result. Read books, attend seminars, and take action. Then, learn some more and take a lot more action. If you are really impatient, enlist the help of others.

Henry Ford said, “Why should I clutter my mind with general information when I have men around me who can supply any knowledge I need?” Henry Ford was a smart man because he realized that he didn’t need to know it all if he could consult with others that did. And this was before Google!

Now go out there and start submitting offers. Remember, you won’t catch any fish if you don’t put your hook in the water.

Lloyd Segal

After practicing law for over 30 years (specializing in real estate litigation), Lloyd Segal assumed the leadership of the Los Angeles County Real Estate Investors Association in 2017 from the late Phyllis Rockower. Lloyd is an author, real estate investor, mentor, public speaker, and landlord. He is the also the author of four real estate reference books, including “Stop Foreclosure in California” (Nolo Press), “Stop Foreclosure Now” (American Management Association), “Foreclosure Investing” (Regency Books), and “Flipping Houses” (Regency Books). The Los Angeles County Real Estate Investors Association is the oldest (1996) and largest investor group in California. In his role as President, Lloyd is busy expanding LAC-REIA’s events and programs for members and real estate investors. For more information, visit www.LARealEstateInvestors.com