Ok, here we go again - I recently was asked to take a look at a particular investing strategy that seemed very suspect and apparently had one of my clients in the “really interested” column. The investing technique I am speaking of is preying on bad credit buyers for unethical profit. This is a win-win situation for the investor, but a deal gone bad for the bad credit buyer. This is the worst case scenario for any buyer that wants to become a homeowner! Here is how the craftsman’s scenario works:
The “Investor” sets up a meeting with an unsuspecting buyer that may have bad or fairly bad credit due to some circumstance that is forcing him to look to seller financing or in this case using a Deed of Trust as the medium for conveying title. The investor explains that they can put the buyer in any home they chose for a nominal fee of 15% added to the total purchase price, plus a premium rent price for the property they are buying.
A bad credit buyer will see this as a opportunity to get into a house, allot time to repair their credit, and then refinance the property with a better interest rate and terms. The bad credit buyer will sign a contract and be given a certificate guaranteeing the amount they are approved for by the investor. Once the buyer finds a house they want, the investor will purchase the property and transfer it into a trust with the undersigned being the investor and the bad credit buyer. The investor will create a deed of trust giving the buyer almost full ownership, but not all. Leaving a loop in the contract allowing eviction and foreclosure of the buyer if they default on their loan with the investor, causing them to lose all rights to the property.
Here is an example of shady investment practice giving legitimate REI’s a bad name. Not only is the fore mentioned investor doing a disservice to his investor community, but he is using unethical practice to prey on the weak.
In the aftermath of the contractual agreement, the buyer will gain no principal through-out the time they are (renting) purchasing and they will typically need to refinance the property within 1-2 years after they purchase due to the high interest rate the investor will charge, ranging from 7-13%. Not only is the investor getting 15% commission on a full priced home, the buyer is paying retail for the property and the 15% premium they pay does not go toward paying down the loan.
If for example, the property were a $200,000 home and the bad credit buyer paid 15%, or $30,000 and it were to go toward the price of the home, leaving a balance of $170,000 - I could see this being a better scenario. Considering the fact that the buyer had paid a 15% premium and then another 3-5k to refinance the property for FULL PRICE is NOT a deal. Not to mention they will be paying between $200-$400.00 dollars a month extra in rent, just to cover the high interest rate.
After everything is said and done, the buyer is still left with the responsibility of not missing a single “rent” payment for fear of being immediately foreclosed on. Unlike mortgage companies, where they are not in the business of trying to foreclose on their clients, a deed of trust scam artist IS. Once the investor forecloses on your home, they now have 15% equity in the property and control all rights to it.
In very few scenarios this could be beneficial to both a buyer and seller, but from the way this type of investor is using a deed of trust, it is only to put money in the pockets of the investor and will not protect the buyer. A deed of trust is not bad, but like most investment tools, it can be used in the wrong way and sometimes is.