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Heads up Moguls - Jason Lucchesi here today to keep you out of trouble!
And it all starts with understanding what’s happening in today’s market regarding a little something called the Chain of Title.
I have loads of helpful info, so I want to get right to it, but first…
Important Disclaimer: I am NOT a lawyer, so please consult your attorney on this matter. I’m simply offering helpful tips based on my experiences to help YOU maintain both your reputation and your business. Absolutely seek legal advice from a local, trusted, experienced attorney, but in the meantime, you can take measures to stay in a safe zone.
If you haven’t seen an ad or heard someone recommend assignment contracts, consider yourself lucky. They’re all the rage, but personally – they don’t get my vote.
Real estate investment trends are demonstrating more and more that using assignment contracts – incorrectly – can lead to bigtime legal implications. The problem is too many investors are using assignment contracts without the proper chain of title, and they’re getting into trouble.
Like, big trouble and paying fines unnecessarily.
You may not even be aware perhaps because it’s not prevalent in your state and in your face. But it’s happening, and you need to be sure you’ve covered your butt by becoming a part of the title.
So how can you avoid the legal drama?
Rule of thumb: Always keep your business processes and practices transparent to keep your business reputable, credible and making money. In other words, don’t be shady. Be honest, be ethical and fully disclose information when it’s necessary.
Once you’ve got those practices on autopilot (which should be a no-brainer), understand that real estate commissions are cracking down on wholesalers who are making offers left and right but not closing on them.
Remember this – if you’re putting in an offer, you’re expected to close. This isn’t rocket science, but some wholesalers are greedy, overzealous, trigger happy… whatever you want to call it.
In short, they’re foolish.
If you can’t find a buyer, don’t put in an offer!
If you don’t have a buyer’s list, that’s a problem, people!
You need at least a dozen names on your cash buyer’s list before you can make an offer. Even seasoned investors with hundreds of cash buyers are getting their wrists and their bank accounts slapped, so Big Brother IS watching, and he IS going to raise his eyebrows if you consistently fail to close.
So, review your numbers to be sure you even have a deal. (We’ll probably go over this in detail some other time, but know your finances before you put offers on the table.)
Look, things happen. I get it...
Sometimes you have no choice but to back out of a deal, but more often than not, you should be closing. It’s just good business, and you don’t want to be in the business of bad business. If you raise red flags, you will be reported. That’s the way of the real estate world can be, and I don’t foresee it changing anytime soon.
Close as many transactions as you can. That’s the bottom line.
So how do you become properly recorded on chain of title as the owner of record?
Meet the A to B – B to C transaction where YOU are always “B” in this equation (in case that wasn’t apparent).
This commonly used transaction is a way for you to close with the (current) owner of record - the person you found and created a contract for. Once you’ve secured that person, and you execute the contract, you’re completing the A to B part of the transaction.
Again – I repeat – you need to have your buyer lined up before you get deals under contract.
Once your A to B contract is in play, you can begin the B to C contract process that will allow you to sell the A to B property to your end buyer.
1. Always use an investor-friendly title company and talk to them openly about using an end buyer’s funds to fund your transaction.
This is also known as the “simultaneous close.” Some say it’s illegal, but I assure you it is NOT. Many underwriting companies are well-versed when it comes to simultaneous closings as long as an affidavit is signed by the end buyer allowing you, the investor, to use their money to fund the first transaction.
2. What if you can’t find a title company that’s winning to simultaneous close? Not a problem. A company like Best Transaction Funding can help you get properly recorded as the owner of record on the chain of title. Just submit your information through the website and apply for transactional funding for that day.
The bottom line is this – make good offers that are backed with the bucks to close deals. Have the mindset and take action ensuring that you WILL close every transaction (even though some will fall through). That’s your end goal.
Remember to keep your business transparent, stay out of gray areas and always use investor-friendly title companies.
I don’t have a crystal ball (I wish), but I can tell you this...
I believe assignment fees will soon be considered commission. So if you’re not a licensed sales person (agent) in your state and you’re receiving “commissions,” you’re in big trouble. This is why I don’t recommend assignment contracts unless they’ve been reviewed and given the thumbs up by an attorney.
Have a comment about chain of title? Talk to me below.
Maintain longevity in this business - stay out of trouble by being honest, transparent and ethical.
Find investor-friendly, knowledgeable title companies who will work for you.
Consult an attorney in your state to be sure your assignment contract covers all necessary bases.
Make sure you are documented as owner of record on the chain of title, always!
Is there a topic you'd like to learn more about? Request a Lesson
Jason Lucchesi is the co-founder of real estate and marketing company Global Fortune Solutions, LLC. Jason has been in the real estate industry since 2002, where he began his career as a Loan Officer. His career flourished in the mortgage business when he accepted an Account Executive position with Countrywide in 2004. Within his first six months, he had achieved the #1 Account Executive in the Midwest territory. In January of 2006. During this time, Jason began investing part-time in multi-family rental properties while also becoming involved in wholesaling. By 2006, Jason was transferred to the Indianapolis area to save a struggling branch. He quickly took the branch out of the red into the green while also beginning to purchase distressed residential properties part-time. In 2007, Jason began pursuing his ultimate dream of becoming a full-time real estate investor and began investing in REOs in 2008. Since then, Jason has been involved with many aspects of real estate including short sales, tax sales/deeds purchasing, purchasing homes in distress, wholesaling, and many other avenues. Jason has been married to his wonderful wife Jamie since 2007, and they are proud parents to their sons Brady and Gavin.
Module: Investing Strategies
Expert: Jason Lucchesi
At RealEstateMogul.com, we’re committed to delivering the awesomest, most practical, actionable content to our members … and that a big part of that is getting YOU to tell us what you'd like to learn from us. Since our REI resources are basically endless, we’d love to tailor our upcoming training as much as possible to precisely match what you, our members, really need and want out of us.
Real Estate Mogul LLC
5023 W. 120th Ave, #102
Broomfield, CO 80020
This document describes Real Freedom Inc's Purchase Agreement. When you
complete a purchase from Real Freedom Inc, you agree to the terms of the
Purchase Agreement. Please read this document carefully.
This agreement is a contract. Under the terms of the contract, you receive
certain rights due to you from Real Freedom Inc, and you, in turn, give us
certain rights that affect you. This contract also contains provisions that
delineate and restrict your rights about refunds and warranties and that limit
Real Freedom Inc's liability.
Real Freedom Inc reserves the right to not conduct business with you if you do
not agree to the terms set forth in the Purchase Agreement.
Your agreement with the contents of this Purchase agreement is a material part
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Parties to this Purchase Agreement and Disclaimer
The parties to this agreement are RealEstateMogul.com and Real Freedom, Inc,
hereafter "SELLER," and you, the prospective purchaser, hereafter "BUYER".
Persons or entities who are not participants in this contract but who have an
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THIRD PARTIES." The recipient of the product herein sold, where said product
is ordered by and paid for by someone other than the recipient, is classified
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or right, and include all sales or promotional materials.
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or annually recurring fee. Please see the payment terms on this order page.
Purchasers will be called and offered additional trainings. By purchasing you
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information related to such fraud.
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bank fees, or if he causes a fraudulent dispute claim that results in a
chargeback against the Seller's account, that the Seller is authorized to
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the extent that will make the Seller whole. Buyer may also be liable for
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the information, content, materials, products or services included on or made
available through RealFreedomInc.com is free of viruses, worms, or any other
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be construed as a modification or an amendment to this agreement or constitute
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SELLER CONTACT INFORMATION
The Seller of this product is:
Real Freedom, Inc.
PO Box 48617
Tampa, FL 33646
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2022 Real Freedom, Inc.
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Real Estate Mogul LLC
5023 W. 120th Ave, #102
Broomfield, CO 80020
(Please replace “AT” with @ and “DOT” with .)
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© 2022Real Estate Mogul LLC
Real Estate Mogul LLC
5023 W. 120th Ave, #102
Broomfield, CO 80020
FROM PRESTON ELY - MY PERSONAL DISCLAIMER TO YOU
Hi - we do everything in our power to run a good, clean business and help people succeed.
We've been in business for nearly a decade. Our mission is simple: help 1,000,000 people live lives of greater freedom. That's what gives us juice and passion.
Unfortunately, there are people and companies who do bad things and make products that don't work at all or don't work as advertised. That behavior hurts everyone.
The bottom line is there is no such thing as magic. There is no magic unicorn that will appear on your doorstep and start pooping gold bars or giving you free money.
Just because people in this program have made lots of money doesn't mean or imply the same will happen to you. In business, and in life, there are no guarantees.
Any one of the people who we happen to feature in this program have a BIG WHY - they want to make a difference and help themselves, their families, their employees and customers succeed. They want more and they apply themselves, they get outside of their comfort zones, acquire new skills, work like crazy, make mistakes, and fail, BUT THEY DON'T GIVE UP.
They implement. They don't quit. They serve. They didn't blame someone or something else for their mistakes or failures - instead, they do the HARD WORK that it takes to make a difference.
They use our tools, systems, psychology, mindset, training, community and events to succeed.
If you're the type of person that isn't willing to roll up your sleeves, learn, explore, grow and focus on helping other people succeed, our programs aren't for you.
If you're a blamer, whiner, malcontent, or just downright lazy, our programs aren't for you.
But if the content is this program and our videos resonate with you - and you can see the possibility and potential that this can work for you, then WELCOME HOME. You're in the presence of REAL PEOPLE who are helping REAL BUSINESSES succeed, thrive and survive.
It would be both mine and my team's pleasure and honor to serve and support you so you can EARN MORE, LIVE MORE and GIVE MORE.
Preston Ely, CEO
FULL EARNINGS DISCLOSURE:
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The earnings, revenue and profit results that a customer will generally achieve in circumstances similar to those depicted in the endorsements and testimonials on this site depend on many factors and conditions, including but not limited to, work ethic, learning ability, use of the products and services, business experience, daily practices, business opportunities, business connections, market conditions, availability of financing, and local competition, to name a few. Because of impediments due to any one or more of the foregoing and other factors, it is generally expected that no earnings, revenues or profits will be achieved with the use of any products or services advertised on this site in circumstances similar to those referenced in any endorsement or testimonial.
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