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Dealing With the Downturn

 Dealing with the Down Turn

By Jack Miller

   

I got a call recently from a young person who met me socially over 15 years ago. He was getting ready to enter college at that time. He graduated with a Degree in business, and bumped around a little, then found himself with a Real Estate license selling houses by sifting on new model homes and taking orders.

As the real estate boom took flight, he opened up his own brokerage office, then a Mortgage Brokerage, then a Title Company. He made a bundle as business fell into his lap from all directions. He took the fantastic profits he made from his business, and what he didn't use supporting a lavish lifestyle, he used to speculate in upscale houses.

When the bloom came off the real estate rose, he found himself with 20 heavily mortgaged upscale houses, and three formerly very successful businesses that now couldn't even meet day to day expenses. His negative cash flow from all his houses and his businesses was $900,000 per year. He was trying to borrow his way out of trouble by putting second mortgages on his already highly leveraged properties. It was at this point that he called me.

Ordinarily, 1 wouldn't spend much time sympathizing with an over-leveraged speculator who had flailed to heed two years of warnings in my newsletters and seminars about selling and sifting out these uncertain times; but he had subscribed to my newsletter and that earned him a chance to tell me his story.

Thus far, his plight was no different from that of thousands of other speculators who got caught with diminishing cash flow and increasing expenses; but he was a more interesting case for several reasons. First of all, his businesses, which he had built up in the space of 10 short years, had been grossing in excess of two million dollars per year; out of which he had been drawing a $600,000 salary, most of which he had used to speculate in expensive houses. That alone was astounding. What was even more astounding was that he had run all these businesses and earned all this money without even knowing the basics of real estate, mortgages, or title law. In the boom, he had been able to hire people who knew what was needed. Now, unable to pay their salaries, he had let them go.

When I tried to tell him some of the ways that he might solve his problem, he admitted that he had never spent any time "on the street" buying houses, negotiating deals, using creative financing, etc. He didn't know how to draft a contract, write a Note, structure an Option, or figure out how much to pay for a house.  He'd been too busy making money to spend any of it investing in himself trying to learn the fundamentals. Even now, he didn't know enough to even begin the process of extricating himself from the financial mess he's gotten himself into.

My recommendation to him was to shut down all his losing businesses and to stop the hemorrhaging cash flow, they were causing, as soon as he could. My next suggestion was to sell the 20 upscale houses he was supporting to anyone who would get him off the loan; either by refinancing them, or by assuming the existing 7% loans and getting him released from liability.

When he protested that his houses had a paper equity of about $300,000 each, I told him explain to any buyer, that he was giving the buyer a chance to live in a $750,000 home for $450,000 because he was going to retain an Option to buy it back for $500,000 at any time in the next 5 years (when hopefully the market for in this price range will have returned).

He won't have to wait the full 5 years to cash in his equity, nor will he actually have to come up with $50,000. All he has to do is to find a buyer for the house and either sell him his Option, or have the current occupant paid $50,000 out of the sale proceeds and pocket the remaining sale proceeds after paying off the mortgage.

If he follows my advice, he'll save the $100,000 per year in negative cash flow that is choking him. He'll have protected any equity he has, to the extent it exceeds the $50,000 he'll have to pay the occupant when he sells the house, or buys it back. If the house still can't be sold during the five year Option period, that's proof positive that he had paid too much in the first place, and was well out of the property.

I don't know whether or not he'll heed my advice; but maybe we can all learn a little from his plight; to wit: To learn the basics of real estate, mortgages, and title law before going into any of these business. To be prudent about speculating in pre-construction projects and being stuck with new homes in a price range that nobody is buying. And to be willing to let go of paper equity if it means saving real dollars that will be needed to tide one over until the market returns. I hope this helps someone out there who is confronting a similar situation.

     Preparation and Presentation are Keys to Success
By Jack Miller

When presenting unusual offers, you have to sell the 'sizzle' not the steak. Rather than extol the merits of a particular product or financial proposition in itself, you're best served by presenting a picture of how a person's life can be changed for the better by concluding a transaction the way you've presented it. You've got to plumb the depths to create an emotional response in the other party. You can do this by answering what might well be the 5 most important words in the English language: 'What's in it for me?' Answering this unspoken question in the mind of the seller goes a long way toward having your offer accepted.

When you can solve the most pressing problem or show him the benefit he values most highly, you'll make your deal. The trick is to leave enough profit in the deal to make it all worth your while. Bear in mind that your profit might come in the form of cash, goods, services, use, possession, occupancy, debt relief, access to power, and even a feeling of righteousness. So long as you are willing, able and ready to accept non-cash profits, you'll open a cornucopia of opportunity in any negotiation.

I like to think of negotiation as a piano keyboard. There are 88 keys. Each has its own vibration, and each has the potential for generating harmony or discord depending upon how they are combined. Thus, successful negotiation also involves the combining of many facets including fear, greed, comfort, freedom from angst, economic need, utility, occupancy and possession, present and future values, financial security, tax relief, etc. Usually, the proposal that you make will embody as many factors as possible to trigger a favorable emotional response.

Sometimes, it's not possible for a person to negotiate face-to-face with another. I've found that it is more successful to send a letter to the person with the power to make a decision rather than to negotiate with someone who must pass on an offer, but who can't accept it. That's one reason why I rarely use brokers to buy properties. Rather than to send a legal looking contract through the mail that might intimidate the other party, I like to write a folksy 'Letter of Intent'. In it I lay out what I'd like to do, then I include a portion showing the other party the benefits he'll receive if he says yes, and the disadvantages if he says no. I conclude by saying that this is a firm offer which will be bound with a sum of money to be deposited into escrow within 24 hours of written acceptance.

I sign it as offerer and indicate that the signature of the owner accepting the proposal will constitute a legally binding contract. I try to make things as easy as possible for the other party. While I'm careful about preserving my profit margins, my price and terms usually include my absorbing all the expenses of sale, purchase, or closing so that the seller or buyer is looking at a net dollar figure which won't be further adjusted at closing. This engenders confidence on their part to make the deal and increases my credibility too.

Negotiation is one of the most rewarding skills you can attain anywhere in the World. One day, you're going to do something just right and come home with a $10,000 profit for only a few hours of work. Then, you'll begin to believe in yourself and in your negotiating ability. Profit and the good life will be virtually automatic thereafter. Start doing it today.

Cold-Canvassing is a Valuable Technique for Finding Foreclosures

 by Jack Miller

     Recently a spate of traveling pitch men have been extolling the virtues of the foreclosure market as a way to build an instant fortune. No doubt, many fortunes have been started at the court house steps, but there's many a slip betwixt the cup and the lip. As more and more people home in on this approach, the competition becomes ruinous. But there's still lots of opportunity for those who don't mind a lot more work and a lot less money.

Think with me a moment. Who's the first person to know a payment has not been made and that loss of the property is imminent? The person who skipped his payment! He knows before the lender, the lawyer, the paper, the competition. How do you locate him? Let me count the ways. I've bought more properties by walking or calling from door to door than by any other means! My first step is to identify the ideal investment neighborhoods by driving through attractive areas and checking county or city records to verify that they were originally financed with FHA or VA loans. I prefer tracts of homes which were sold with these loans because they are more or less standardized and the loans are assumable.

On a Friday I might walk several blocks in a chosen neighborhood and place a card in the door which says that I'm interested in buying each house. On Saturday and Sunday, I retrace my steps and try to speak to the owners to see if my solicitation card has met with any interest. If the weather is bad, I use the City Directory or Criss Cross Directory which lists telephone numbers in street number sequence. With these, I can let my finger do the walking as I call each owner in turn. I jot down all the information I can glean about the property and the owner's desires for future reference. Most owners are not in the market, but I engage them in conversation to see if they know of anyone else who might be. I follow up on all leads and keep a record. I try to get back into the street at least once each year. And I advise each person contacted to keep my card and to call me.

Over the years I've color coded my cards. Sometimes years pass between my calls and the owner contacting me. But I've found this door to door canvassing to give me an edge over all those people at the courthouse who passively await opportunity. Variations include delivering calendars with your solicitation message at the top. For years I used one which folded out to reveal a place to record telephone numbers. All year long my phone number and message were kept beside the owner's telephone to remind him. A couple of active entrepreneurs in my area fasten metal signs at eye level on telephone poles near highly traveled traffic routes. These signs offer quick cash for house sales. Others regularly offer to buy defaulted notes from small loan companies. You know the kind that advertise on TV to consolidate debts or to finance home improvements. These notes can be bought at deep discounts because the small lender doesn't want to foreclose and have to make payments on the underlying 1st loans. Once purchased at discount, the owners can be contacted to determine the reason for non-payment. Often the solution requires the purchase of their house. Or the payments on the notes can be restructured and be brought current through the process of negotiation. In any event, it can be a very lucrative enterprise.

Here again, a little arithmatic might illustrate my point. Suppose you were able to buy a $3500 note with a $125 payment at 18% which had been in default for 6 months. The loan company might sell it to you for as little at $350. They might ASSIGN it to you, or they might SATISFY it if they were willing to completely release the original borrower. In other cases, they might assign you the note but refrain from releasing the LIEN on the borrower. Now you'd go see the borrower and explain that you were going to foreclose if the payments weren't caught up. In lieu of foreclosure, you might buy the property under terms and at a price which would be acceptable to both parties. Or you might agree to just restructure the note in such a way that the face amount would offset lower payments. If the property were worth considerably more than the combined amounts of both loans, you could arrange a new first mortgage which would provide funds to pay off both loans and make the total payments within reach of the occupant.

All of these approaches are profitable. If you're able to buy the house at distress prices that's one way to proceed. But if you could restructure the loan so payment could be brought current, it would have a value in the discount market. You might be able to sell it by guaranteeing payments for as much as 75% of face value PLUS ACCRUED INTEREST. Remember, your purchase price included all back interest. By personally endorsing the note you add value to it beyond its ordinary market value. Here's what your note could earn: $3500 plus 18% for 6 months' back interest when you bought it would be $3827.05 and 75% of that would be $2870.29. If you paid $350 for it you'd be making a profit of over $2500.

Of course, if you could either sell the property or get the owner to refinance it to pay off the note, you'd be getting 100% of face value and a profit of about $3475. on an investment of $350. You can see how this return on your investment dwarfs those normally associated with precious metals, securities or other forms of real estate. And it shouldn't be too difficult to attract investor dollars from those who can see you earning these huge profits on small investments. There's a way to work with investors too in buying defaulted paper. In the above illustration, suppose instead of selling the note or refinancing the property, you agreed to allow the debtor to REPLACE the note with one carrying the same interest, but with a face value of $5000 and payments of only $75 per month. It might have a balloon payment due in 3 years. That 18% interest would be attractive in today's market especially if you guaranteed it to an investor. Suppose you offered him a ½ interest in it for $2000 cash. Over the next 36 months you'd each receive $37.50 or $1350. Since the $75 payment represents "interest only" there would still be $5000 due at the end of 3 years. Each of you would get $2500. Your investor would be receiving a total of $3850 for his $2000 investment. You'd be receiving a total of $5850 for your $350 investment. Not bad.