Managing Mortgage Arrears and Default

 

Managing Mortgage Arrears and Default

 

One of the situations that no homeowner or real estate investor with a mortgage ever wants to find them self in, is unable to meet their mortgage payment obligation. And while most borrowers will do everything to avoid this, sometimes life just happens. 

 

Mortgage arrears and mortgage default aren’t the same thing. But mortgage arrears if not managed properly can lead to mortgage default and eventually mortgage foreclosure or power of sale. Mortgage arrears occur when the contractual payment agreement as shown in the Standard Charge Terms or Deed of Trust are not met by the borrower. The Standard Charge Terms or Deed of Trust will clearly indicate the amount of the monthly payment along with the frequency. That frequency can be weekly, bi-weekly, semi-monthly, or monthly on a specific day or date. Failure to make the payment on the contractual payment day or date will put the mortgage into arrears and can in most cases incur penalties and fees.

It is very important when a homeowner with a mortgage finds themselves in a situation of mortgage arrears or payment difficulty to communicate with their lender. Ignoring the situation doesn’t make it go away and silence will usually not allow the lender to help you work towards a solution. And there are solutions to dealing with payment difficulties which may cause arrears on a mortgage. These could be:

1.  Skipped or deferred payments to allow the borrower to catch up on any short term cash flow issues.

2.   Renegotiating the mortgage term or product to either extend the term, or amortization, reduce the rate or a combination of all three to reduce the payments and improve cash flow and mortgage affordability.

3.  Make interest only payments, which will reduce the monthly payment and increase cashflow providing relief to the borrower.

4.  Refinance to consolidate other debt if any and free up much needed cash to meet mortgage obligations.

5.     Working diligently on a household budget to reduce random spending.

6.   Selling the home and downsizing or moving to a less expensive neighbourhood. This is sometimes one of the most difficult decisions for home owners to make.

7.   If the property is a rental or investment property, examine the ability to increase rents to a level that the market dictates. This is very necessary for investors who have had long term tenants that may be paying below market rents.

    8.  And for home owners with a mortgage over the age of 55, consideration of mortgage     products such as a reverse mortgage may provide the option of staying in your home                with out all the financial stress of unaffordable or increasing mortgage payments. 

 

Once the borrower has exhausted all options and is unable to pay up the arrears and put the mortgage back into good standing, the lender could at that point start default proceedings. This will usually mean sending the file to their legal counsel to protect their interest in the property and starting the process which can include foreclosure or power of sale. This process, while it can be remedied, usually gets very expensive and stressful for the borrower. It is advisable at this point that the homeowner retains legal counsel to communicate with the lender’s solicitors on their behalf along with retaining the services of an experienced mortgage professional to explore workable solutions.

Now while mortgage arrears are perhaps the most common occurrence to trigger a mortgage default, there are a few other situations that many homeowners or real estate investors may not be aware of that can also cause a mortgage lender to commence default proceedings. These include but are not limited to:

1.  Property tax arrears. Yes, nonpayment of property taxes on the subject property is a breach of the mortgage contract and gives the lender the right to start default proceedings.

2.   Nonpayment of condominium fees. This is very similar to nonpayment of property taxes. And exposes the real estate to liens which could reduce the lender’s equity stake in the real estate. As such the lender could start default proceedings.

3.  Nonpayment of property and/or home insurance. This is one that lenders take very seriously. Why? Any damage to the property be it through fire, flooding or any other natural disaster or an accident will usually leave the homeowner/borrower unable to provide a solution from their own resources and exposes to lender to significant monetary loss and possibly a prolonged litigation with the borrower.

4.  Extensive home renovations without advising the lender or receiving their permission. Many may question this. But if the homeowner or real estate investor starts doing extensive renovations on a property and then runs out of money to properly complete them, this could negatively impact the value of property and affect the lender’s interest in the real estate.

If ever in doubt of what constitutes mortgage arrear or mortgage default, reference your mortgage approval or commitment or take a very close look at the Standard Charge Terms or Deed of Trust. The answer is usually I one of those documents. And remember, don’t ignore the situation or try to fix it yourself. Seek the counsel of a competent and experienced real estate lawyer and mortgage professional and have them work on a remedy that is agreeable and satisfactory to both you and the lender.

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Can you make money flipping houses?

 

Can you make money flipping houses?

Many people can and do make money flipping homes. However, many well-meaning flippers have bought real estate only to be blindsided by the daunting task they found in actually preparing the house for sale. Do not expect to find easy money without any challenging work, but if you are willing to do what needs to be done, you can get a handsome return.

A house flip can also be risky. If you find out that your property requires far more work than you anticipated, you will be on the hook to fix it. Another thing that could happen is changes in markets affecting your ability to make a profit.

This happened to some this past year when the price of lumber spiked far above its usual rate. For people expecting to do work on their home, they were faced with a choice to either pay extra or hold off and pay property carrying costs for longer. You could also buy just before a significant drop in home values, meaning you will struggle to sell for a profitable amount.

It is also worth noting that house flipping is a very short-term investment compared to other real estate purchases. In the Toronto real estate market, home values are remarkably high and rising. Simply owning Toronto real estate is a way to make major gains in equity or collect a handsome cash flow through rentals. If you have the cash to flip a house, it may just be a better investment to buy and maintain an investment property instead of selling off your property as soon as possible. This is a longer-term investment strategy that builds equity, while a flipped house will pay out usable cash much quicker.

Two types of house flipping

There are two major types of house flipping – retailing and wholesaling.

Retailing is what most people think of when they hear about house flipping. A real estate investor buys a house that needs repair and fixes it up to sell for profit. This method can make you a lot of money, but you also need a lot of knowledge to optimize your return. The profit in flipping comes from selling at a price higher than your sale price plus your renovation costs. After applicable taxes, any amount above that figure is profit.

The other form of flipping is wholesaling, which though being easier offers lower returns. Wholesaling is agreeing to buy a property at one price, then quickly offering it to another investor for a higher price. This can be a risky maneuver as you are not adding any real value to the property and are reliant on finding a buyer higher in a short amount of time.

As a wholesaler, you will be dealing with distressed homes and selling to the people who do the actual repairs and renovations. Therefore, you make a small profit, and they still get to profit after they renovate and sell. In this article, we will primarily cover retailing.

How do I start flipping homes in any real estate market?

Determine your budget

Before looking for any property it is best to determine how much you can spend on your flip project. Remember, this does not begin and end with the house's price.

Firstly, there will always be additional fees upon closing, particularly with flipping where you may need an extra thorough home inspection. Then you also need to consider the price of repairs. Often, quoted prices on repairs and labour costs can come in far higher than expected when the project hits a snag. You need to account for unforeseen expenditures in your budget and have some extra money to deal with them.

Alternatively, you can spend as much money as you need on repairs and then simply add whatever you spent on to the final sale price once you put the home on the market, but you still need to make sure you do not overspend, or the value of the house will be too high to attract buyers.

Do not forget about selling costs

Finally, there are also selling costs to consider. Usually, this does not factor too much into a homebuyers purchase as they plan to hold their property for many years. However, as a flipper, you have to keep in mind these additional fees when you are working out your budget.

Financing your flip

In general, it is best to finance your flip property with your own cash rather than taking out a mortgage loan. This gives you better options when it comes time to sell and can make the purchase process easier.

Research the market where you want to buy

It is crucial that you look beyond the walls of the home you plan to improve and learn about the surrounding areas.

Firstly, you need to know the average price in the area, so you know not only if you are getting a good deal on your property, but also how much you can eventually ask for when you are finished repairing the home.

You also need to consider what types of homes people are looking for in the area. If you buy a property in a regular suburb and renovate it to be a luxury vacation home, you will not find a lot of interested buyers.

You should also learn about the direction of the market. When home values are on an upward trend, you can hope to make a nice return on your purchase. However, if you buy and then prices suddenly fall, you may struggle to make a profit or even risk losing money.

There is no worse scenario for a flipper than having to sell and lose money even after all of the money spent on renovations. You can never know exactly how things will go, but doing your research is the best way to protect yourself from a fluctuating market.

Find a real estate agent or broker familiar with the area

Once you have a budget and an area you are interested in, your next step should be to contact an agent or broker in the area who can help you find the right property for you. Not only do real estate agents have the most up-to-date and in-depth knowledge of the area, but they also may be able to provide you with exclusive deals and access to properties that otherwise you would not be able to find.

Agents will also be experienced in recognizing potential issues and opportunities when it comes time to view properties. And it is helpful to begin forging a relationship with a realtor as they can help you later on when it comes time to sell your property.

Purchase the property and begin investing in repairs

With everything above completed, you should be ready to pull the trigger on a flip property. Once you have found a property you want to put an offer on, strongly consider having a home inspector and contractor visit before closing to give you an idea of what sort of repairs will be needed to get the house to the market.

Inspectors can also help point out any significant issues with the property that might make you change your mind on the purchase. You will have to pay for these inspections, but they will be worth it eventually.

It is also worth considering if this is your first-ever flip to go for a property with minor improvements needed. The profit will not be as high, but you will learn much better skills to help you succeed later, rather than burning out on your first property.

Once you have possession of the property, you can really start getting to work. That contractor from before may be the best person to now come in and begin working on your renovations.

You also have the possibility of doing some of the work yourself. Things like painting or basic flooring are easy enough for anyone to do, but when it comes time to do something like install windows or fix plumbing, it is highly advisable to hire a professional.

Poorly done work is not going to help you sell your home, and in the case of something like electrical work, it can be extremely dangerous to work on yourself.

Besides strictly necessary renovations, there are some quality of life features that are optional for a house but will add a lot of appeal for buyers. Do some research or consult a professional on interior design and see what simple changes you can make to attract more discerning buyers willing to pay bigger bucks. There is no need to fully gut the house and do everything from scratch, in fact, repairing or improving existing features can save you lots of time and money, particularly in expensive areas like bathrooms and kitchens.

Remember, not all improvements will cost exactly as much as they add to the value of the home. Some features may be expensive but add little to the final sale price. You should always prioritize those upgrades that offer the greatest return on investment in the end.

That does not mean however that you should be cheap with your repairs. Some less serious flippers have made a bad name for the practice and flip houses are now notorious for poorly thought out and executed repairs. Always ask yourself: would you be okay with this level of workmanship if you were planning on living in this house?

Stage, sell, and repeat

Just because you are selling a flipped investment property, does not mean you should ignore the importance of staging. Potential buyers do not want to just see the house, they want to be able to imagine themselves in it. Professional staging can make all the difference in getting them excited about your property.

Work with your realtor to stage your home properly and add any final changes to make it look as good as it can be. Remember, a little money spent here can go a long way. If you pulled it off properly, you should have no problem selling your property, and hopefully making some profit. Now it is time to flip the next!

Is flipping right for me?

Besides just having the capital to buy and repair homes, flipping takes a certain kind of person. The most ideal candidate has attention to detail to make their flip the highest quality possible. You will also need some leadership and management skills to oversee all the work being done by your team of contractors and workers.

Finally, you need to be willing to work fast to get your house on the market and maximize profit. You also need to be willing to accept some risk on your investment, as even the easiest flips can come with unforeseen surprises.

If you sound like the kind of person that can do well at flipping and have the cash to make it work, try it!