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New Policies Take Aim At Boosting Affordable Housing, Investors Could Benefit w/Dennis Shea

New Policies Take Aim At Boosting Affordable Housing, Investors Could Benefit w/Dennis Shea

America is in an affordable housing crisis. With home prices rising dramatically over the past four years and rents following right along, tens of millions of Americans are spending a significant chunk of their income just to put a roof over their heads. This means less money in Americans’ pockets for education, nutritious foods, investments, or an emergency fund. But, new government policies could help lessen the budgeting blow Americans are feeling from unaffordable housing costs, and investors may be able to help while turning a profit.

Dennis Shea, Executive Director of the J. Ronald Terwilliger Center for Housing Policy at the Bipartisan Policy Center, has been fighting for affordable housing long before the recent ramp-up in housing costs. Today, we ask Dennis what caused our unaffordable housing market, why it got even worse after the pandemic, the impacts high home prices have on the economy, and the potential solutions every investor should know about.

We even ask the uncomfortable question: Are investors to blame for the state of housing prices? But worry not—Dennis shares numerous ways investors can actually help low-income households and their communities while turning a profit with affordable housing development. If you’re looking to invest while building an even better housing market, this is the episode for you!

Click here to listen on Apple Podcasts.

Listen to the Podcast Here

Read the Transcript Here

Dave:

For many Americans, whether you’re an investor or a potential home buyer, the prices of housing seems astronomical. We are in housing shortage. Interest rates remain higher than most people thought they were going to be leaving many Americans feeling hopeless. Today we are going to dig into what is happening on the policy level in regards to affordable housing.

Hey everyone, and welcome to On The Market. I’m your host, Dave Meyer. Today we’re going to be speaking to Dennis Shea, who is the director of the j Ronald tur Center for Housing Policy at the Bipartisan Policy Center. That is quite a title, woo. And today with Dennis, we’re going to get into what is going on with affordable housing, how we got in this situation, what current public policy is, how that is evolving, and make sure to stick around to the end of the show because I’m going to talk to Dennis about how investors like you and me fit into the affordable housing puzzle. All right, let’s bring on Dennis. Dennis Shea, welcome to On the Market. Thanks for being here.

Dennis:

Great to be with you Dave.

Dave:

Before we jump into your specific work about affordable housing, can you explain to us what the Bipartisan Policy center is and what its mission is?

Dennis:

Sure. Thanks Dave. The BPC Bipartisan Policy Center was created about 16 years ago by four former Senate majority leaders, Bob Doll. I used to work for him many, many moons ago. George Mitchell, Tom Dashell, and Howard Baker. And the mission is to be a place where people with strongly held political views can come together in a respectful manner and discuss and debate and try to develop policy solutions on a bipartisan basis that can move the country forward. And we have a number of different programs including economic policy and energy and democracy and health. And I run the housing program here at BPC.

Dave:

Thanks for that background, Dennis. Appreciate it. And it sounds like a really interesting role that you have there. Let’s dive into the housing issues here. So first and foremost, how did you get involved with housing and specifically affordable housing?

Dennis:

Well, I was the assistant secretary for policy development and research at the US Department of Housing and Urban Development, HUD back in the administration of George W. Bush. So around 2007, 2008. It was a tough time, obviously for the housing industry. I also got to know over the years Ron er. Now Ron is the former CEO of Trammell Crow Residential. He has been responsible for building hundreds of thousands of apartments throughout the country during his career at Trammell Crow. I have done work with Ron over the years prior to being back here at BPC and Ron made a donation to the BPC to create a center called the Jay Ronald Olga Center for Housing Policy. And our mission is to identify bipartisan policies that promote housing affordability both on the rental side and on the home ownership side. So again, specifically to your question, it all started with HUD in the George W. Bush administration back in the day, as they say.

Dave:

So of all the different elements of housing that you could be focusing on, why is housing affordability your primary focus?

Dennis:

First of all, we believe that housing is foundational. The home, the house, your house obviously provides shelter, but it also is connected to so many other important things. It’s connected to health, it’s connected to opportunity. If your home is located in a neighborhood close to say transit or employment, that could impact your ability to move upward in society. So housing, we believe housing is so fundamentally important. It’s foundational, but so many Americans today are struggling with housing costs over the past four years. Home prices, for example, have risen by 28%. Now the median value of a home is about $418,000. Rental prices in many communities have over the same period of time have skyrocketed. About 42 million Americans now pay about one third of their income just on housing costs, and that leaves a lot less for other sort of essentials like health and education and nutritious food, for example.

So housing affordability is incredibly important. When I started working with Ron, we worked on a paper together called The Silent Crisis, and we were wondering why aren’t people in Congress or why isn’t the media talking about housing affordability? This was about 10 years ago and now things have really even gotten more severe since that period. And there’s much more written, much more ink spilled about the housing affordability crisis. So it’s no longer a silent crisis. And I have to say I am a creature of Washington DC I guess, and we use the word crisis a lot here in town and it’s one of the most overused words probably in Washington. But I do believe this housing affordability issue is really at crisis levels.

Dave:

And what brought us to this crisis level, Dennis?

Dennis:

Well, we view the housing affordability situation through three lenses. The lack of supply, there’s just a mismatch between the demand for housing and available supply. Second, the need to preserve the existing stock of affordable housing. And third, there are just going to be some people whose incomes don’t meet their housing costs and they need some demand side supports like vouchers. But much of our focus over the past couple of years has been on the supply side. I think there’s broad bipartisan recognition that the root of the housing crisis is this lack of affordable supply. There’ve been various estimates put out. Freddie Mac says we’ve underbuilt housing by about 3.8 million homes of the past 15 or so years. Same with Up for growth and other advocacy organization. The National Association of Realtors put out a paper a couple of years ago, said we had underbuilt housing by 5.5 million homes since the Great Recession.

So it all kind of starts with the Great Recession. 2006, 2007, 2008, the home building industry was decimated. People left the industry workers left industry, and they still have tremendous problems recruiting and identifying skilled workers in the residential construction industry. So that’s part of the problem. Another big piece of the problem is we’ve just have too many restrictive land use and zoning regulations that limit density and limit the types of diversity of housing that can be built in certain communities. So that’s a big contributor of the problem Covid struck. And then we had supply shortages and supply disruptions, and if you looked at the prices of things like timber and steel and copper, they went through the roof and that still reverberates. And then with rising interest rates, rising mortgage rates, now we have a new phenomenon. The lock-in effect, people with mortgage rates that are relatively low, 3%, maybe even lower, just are not going to leave their house and sell their house and go to another home and get a mortgage at 7%. So there’s been a lot of inventory that’s been locked up as a result of the rising interest rates. So all these factors, Dave, in our view, have really contributed to the supply shortage over the past 15 or so years.

Dave:

That’s a great summary and regular listeners of the podcast will probably recognize some of these topics that we talk about frequently as contributing to some of the housing market dynamics. So far. We’ve covered some of the reasons that we lack housing supply and affordable housing in the us and when we come back, Dennis is going to discuss what is being done on the policy side to address it. Stick around. Welcome back to On the market. Dennis, I’m hoping you could help me. I get this question a lot when I talk about this and say we have Underbuilt housing and people say, okay, yeah, if that’s been going on though for the last 15 years or so, why has it gotten so acute? So recently it feels like, yes, this has been a problem developing for a while, but since the pandemic, it seems like it’s really just taken on another level of urgency and crises. So what happened then that has led to this acceleration?

Dennis:

Well, I think what you saw, it’s now becoming, it used to be a really kind of a coastal problem or big city problem. Then with the pandemic, people started, aha, I don’t have to live here and I could move somewhere and work remotely. So then you saw the explosion of demand in places like Nashville, Tennessee and Austin, Texas, and a place that really, because if it’s a very attractive place to live, was Montana a place like Montana for example. I think about 50,000 people moved in there during the pandemic years and they didn’t have the housing supply to accommodate it that. So housing affordability became a major issue in the state of Montana. And Governor Gen Forte, who’s a Republican governor, put together a task force, diverse group of people representing all points of view, and they came up with a series of legislative bills to reform the land use and zoning issue. So I think what you’re seeing now, Dave, is that prior to the pandemic housing affordability was a major issue. I mean, if you live like me and DC and I come from New York City, other areas, this has always been a big, housing affordability has been a long time problem. But with the pandemic, you saw it becoming a problem in more and more places throughout the country that Boise, Idaho, for example, that people were not used to. So I think that’s part of the problem.

Dave:

Thank you for explaining that. I just want to add two things and correct me if you disagree here, Dennis. Two things that I want to highlight. One is that you said that earlier that there’s a mismatch. So oftentimes there could be cities that are losing people and losing demand, and there might be in your particular market, sufficient housing or even in excess housing. But you see with these changing migration patterns like using Boise or Bozeman as examples, people just started moving there in droves and overwhelmed the housing supply in those particular areas. But I also want to call out that household formation and housing demand is not always a zero sum game. And demographic trends and some of the things that happened during the pandemic as well have led to just more overall demand, whether it’s people not wanting to live with a roommate anymore or millennials reaching this quote, peak home buying age, that all these things sort of converged. It seems to sort of make this simmering problem into a rapid boil.

Dennis:

That’s a great point, Dave. I mean, you have to look at the demand side and household formations, which is really critical. And you’re right. I mean people, millennials, twenties, thirties, they were breaking up with roommates, maybe getting out of their parents’ house finally and saying, okay, I got to step up out on my own. And that put a lot of demand, particularly in the rental rental side. There’s a tremendous uptick in demand, which now the market’s responding in many communities and building, building in response to the demand.

Dave:

Great. Well, I want to move in a minute, Dennis, to talk about some of the potential solutions and remaining challenges to improving the situation. But just want to extrapolate for a second. Obviously the people who are rent burdened or can’t afford to buy a home right now are individually impacted, and that is probably a very challenging situation. But I’m curious if you can help us extrapolate this out and understand how the challenges with housing affordability are impacting the American economy and society as a whole.

Dennis:

Yeah, we did a paper, you could get on our website, bipartisan policy.org, showing that the lack of access to affordable housing strongly impacts in a negative way, labor mobility. People are unable to move to the areas of the country where the jobs are because housing is so costly and it is a real drag on overall GDP growth and the person who, we have a paper that kind of summarizes that work on our website, but Edward Glazer, I would highly recommend people, your viewers checking his work out. He’s the chairman of the economics department at Harvard University. He has written extensively about the impact of lack of access to affordable housing, how that negatively impacts the ability of workers to move to where the jobs are, and then that impacts economic growth. And anecdotally, I’ve gone to places around the country gone universities, it was at a university, I won’t say where, and they said that they’re having trouble attracting professors, new young professors because they couldn’t afford the cost of housing in that particular community. So it has broader macroeconomic implications, and that’s what we try to make that point at the BPC because that’s an argument that really both parties should get.

Dave:

Got it. Okay. Thank you for explaining that. Let’s move on to some of the existing solutions and potential solutions out there. So there has been a longstanding tax credit called the Low Income Housing Tax Credit that was created I think 35 years ago. Something like 30, 35

Dennis:

Years ago. Yeah, 1986. 1986. You did the math. That’s what, 37 years ago?

Dave:

It’s 37 because 36. So that was easy for me what year, older than I am, but So tell us, Dennis, what is the L-I-H-T-C and what was it created to help solve?

Dennis:

Okay. It’s a tax credit created in 1986, bipartisan George Mitchell and Democrat and Jack Danforth, the Republican from Missouri were the sort of the authors of this idea. It provides a reduction in tax liability to private investors and developers who put money into rental housing that is income restricted, meaning that it’s available to households at a certain lower income level and also rent restricted. And the program start off a little slow, but since 1986, it’s been responsible for financing about 3.7 million affordable rental homes. Wow. So it’s a way of harnessing, attracting, encouraging private sector funding into affordable rental housing. And it has been successful and it is our most successful affordable rental production program in the United States. And I know at BPC in terms of solutions, we support expanding the Litech or the low income housing tax credit. There’s legislation, the Affordable Housing Credit Improvement Act pending in Congress that has like 218 or more sponsors, evenly divided between both parties. I mean, it’s enormously supported by both parties. There is now something going on. Remember the tax relief for American Families and Workers Act, the tax package child tax credits and the business expensing, which passed the house earlier this year, which is now stalled in the United States Senate that has provisions in it that would strengthen the Litech and would lead to an estimated 200,000 new affordable units over the next two years. So we are advocating for that very, very strongly.

Dave:

Okay, great. Yeah. So let’s actually dig into it a little bit. So just to summarize, it’s basically a tax incentive for real estate developers to create affordable housing that has some provisions on it about what it could be rented for. Is that right?

Dennis:

Yeah, it has to be the people who avail themselves of the project who live in the project have to, or the development have to have incomes generally below 60% of area and median income and the rents are also restricted, but the subsidy that’s provided makes the math work for developers.

Dave:

And is it just ubiquitous? Can anyone apply for this? Is there a limitation to it? It sounds pretty successful. So what’s holding it back?

Dennis:

Yeah, there’s authority tax allocation authority delivered to all 50 states, and I believe Puerto Rico and the Virgin Islands on an annual basis. It’s based on a percentage of per capita for each state. It’s a certain amount of tax credits that they can utilize. And then these tax credits are states develop something called qualified allocation plans where they put out the, this is okay, developer private, you want to compete for the tax credits, you meet the, we set some goals in our qualified allocation plan. This is the state. And then developers apply competitively to get access to the credits. Of course, it costs the federal government money, so that’s why it’s not unlimited program, but the credits are allocated on a per capita basis to the respective states. And then developers compete for the credits through state agencies.

Dave:

Okay, got it. I wish we have some co-hosts on the show who are developers, and I know two of them, James and Kathy, have tried to build affordable housing with mixed success. And so I’m just curious, is this easy for developers to do or is this sort of an extra hurdle? Is it cost intensive for them to try and apply for these funds?

Dennis:

I think people who have been doing it for a while have find it relatively straightforward, but if you’re doing it for the first time, it’s probably a bit more complicated and potentially a bit more mystifying. But the program’s been around for 36, 37 years, just one year older than you, I think Dave. But yeah, it’s got a rhythm that people in the community really understand how it works.

Dave:

We do have to take one more quick break to hear a word from our sponsors, but stick around because we have more from Dennis when we come back. Welcome back to the show. Now, you also mentioned before the A-H-C-I-A you in Washington. You guys love your acronyms.

Dennis:

I know, I

Dave:

Know. But it’s the Affordable Housing Credit Improvement Act. Can you tell us a little bit more about what that would offer?

Dennis:

That would essentially increase the allocations to the states by about 50% and make other adjustments in the program that would make it more accessible and extend the utilization of the credit. So it’s basically a 50% bump up in allocation in spending for the program.

Dave:

Okay. So just similar program, just expanding it, doing, there’s a few

Dennis:

Other important changes, but that’s essentially it.

Dave:

And would this 50% increase meet the need for affordable housing or how far would it get us?

Dennis:

It’s estimated that over 10 years it would create 2 million new affordable rental homes. Wow. Additional. So it would be significant, but there’s no one answer to this problem. And it’s not just going to be a federal government solution. Local cities states need to take action. Many are taking action. But if the A-C-H-I-A passed in Congress, that would be significant about 2 million homes over the next 10 years. It’s also something called the Neighborhood Homes Investment Act, which is a similar program modeled after the litech low-income housing tax credit, which would incentivize private investment in starter homes for sale in distressed communities. And that would be an estimated 500,000 new homes over the next 10 years. So if we combine both, that’s 2.5 million over 10. That’s not going to solve the problem. But these are important actions that could be taken to help close the gap.

Dave:

Absolutely. But are there any other policies or ideas that either you’re working on or you’ve heard of that you think could additionally help close the gap?

Dennis:

Yes, there are programs out there. One thing that the federal government could do would be to incentivize local communities to reform their zoning and land use policies to allow greater density and more diversity in housing types. So that is something that we have supported at the BPC sort of incentive approaches.

Dave:

And Dennis, I’m just going to, let me just interject here just to make sure everyone understands a lot. Municipalities have very rigid and specific zoning codes, which means that, for example, you might be in a neighborhood or a city where you can only build single family homes. And even if developers want to build multifamily, which is more efficient and more cost-effective to build, or the community really needs it, sometimes they can’t do that because they have these restrictive zoning. And so I think what, Dennis, just correct me if I’m wrong, but I think what you’re saying is perhaps cities can be incentivized to change those zoning to allow for higher density, meaning rather than having a single family home on every plot, maybe you have a duplex, triplex quadplex so we can get more houses into the same amount of space.

Dennis:

Exactly. And there are other things like parking minimums, which can be reduced potentially, and permitting reform where if you follow certain requirements, you get the permit as of right, as opposed to having to go through other sorts of processes which add cost to building. So yes, that’s a great summary, Dave, on the zoning. So we have an advisory committee at the Tooler Center, and to our members are Henry Cires, who’s the former secretary of HUD in the Clinton administration. And Steve Stivers, who is the former Republican ranking member of the housing subcommittee, he’s now the CEO of the Ohio Chamber of Commerce. They recently wrote an op-ed for Newsweek saying, let’s use some of the appropriated, but unobligated covid relief funds to support the production of affordable housing in good locations. And let’s waive at the federal level, waive a lot of regulations and at the local level, communities who want access to these funds have to make reforms. So that was an idea that there’s about, we estimated tens of billions of dollars in appropriated but un obligated covid relief funds. And if 10% of that were used to help affordable housing help produce more housing in good locations, that would be a worthwhile use. But that’s something that they’ve advocated. Now,

Dave:

Dennis, I want to ask you one more question. This show is primarily, our audience is primarily real estate investors, real estate agents, people who work in the investing industry. And over the last few years, I’ve at least commonly heard that investors are at least partially to blame for the affordable housing issues in this country. So I’m curious, your honest opinion, do you think that’s true or just more broadly, what role do investors play in the affordable housing issue?

Dennis:

I personally don’t ascribe to that view. I know others have concerns about the acquisition of housing by institutional investors or private firms. I don’t personally have that view. I mean, we need more, my view is we need more private investment in housing in the United States. It cannot be the government exclusively building homes, financing homes. So I don’t share that point of view. And you look at some of the statistics I’ve seen, there are other things that are causing the housing affordability problem. Generally a lack of supply building being the primary culprit.

Dave:

Got it. Okay. And so if your belief is that investors in private investment can help alleviate the affordable housing issue, is there anywhere our audience could learn more about what they could do to help build affordable housing if they’re so interested?

Dennis:

I would recommend you come to our website, bipartisan policy.org, bipartisan policy.org. We have a lot of good material and content on our website that’s fortunately digestible. We don’t overwhelm you with 20, 30 page papers. We give you good lists. So for example, this may not apply to private investors, but we have like 10 actions that cities could take to increase housing supply. And it lists 10 things, five actions that states can take that would increase housing supply. We have primers on the low income housing tax credit that take this ostensibly complicated program and explain it quite succinctly, and I think in a way that’s easily accessible to people.

Dave:

All right. Well, Dennis, thank you so much for joining us and educating us on this really important issue. We appreciate your time,

Dennis:

Dave, great to be with you. Thank you.

Dave:

Another big thanks to Dennis for joining us, and thank you all for listening. This is a really important topic, at least I think that affordable housing is an issue that investors should be thinking about. Obviously, as Dennis noted that this impacts our entire economy, not just in the housing sector, but does impact jobs, local communities. And of course, it impacts the individuals who are increasingly rent burdened or having trouble affording their own home. I just want to remind people that most of the data, most of the policy suggests that there isn’t mutual benefit here by creating more affordable housing. It’s not going to negatively impact real estate investors or those in our industry. So if you are interested in learning more about this, definitely check out the show notes and Dennis’s work. And I also encourage you to see your local government is doing what your local municipality is doing. And if there’s any ways, if you’re so interested to get involved in creating affordable housing in your own community. Thank you all so much for listening. I hope you enjoyed this episode for On The Market for BiggerPockets. I’m Dave Meyer, and I’ll see you guys soon. On the Market was created by me, Dave Meyer and Kaylin Bennett. The show is produced by Kaylin Bennett, with editing by Exodus Media. Copywriting is by Calico content, and we want to extend a big thank you to everyone at BiggerPockets for making this show possible.

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https://youtube.com/watch?v=BwQUOdv5FsI

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In This Episode We Cover:

  • Why America is experiencing such a shortage of affordable housing units in 2024
  • The “root of the housing crisis” that MUST be solved for our housing market to stabilize
  • Why housing became even more unaffordable after the pandemic
  • One potential solution that could be a massive win-win for real estate investors and tenants
  • The affordable housing tax credit that could see a fifty-percent boost is passed
  • What investors can do to help build affordable housing WHILE turning a profit
  • And So Much More!

Links from the Show

Connect with Dennis:

Interested in learning more about today’s sponsors or becoming a BiggerPockets partner yourself? Email [email protected].

Note By BiggerPockets: These are opinions written by the author and do not necessarily represent the opinions of BiggerPockets.

New Policies Take Aim At Boosting Affordable Housing, Investors Could Benefit w/Dennis Shea

What Happens If Interest Rates Stay High?

Mortgage rates were supposed to be going down by now, but what happened? Even in late 2023, many housing market experts predicted that we’d be seeing high to mid six percent mortgage rates at this point and hovering around the high five percent rate mark by the end of the year, but the Fed isn’t showing any sign of lowering rates soon. Some experts even believe rates could go UP again this year as the job market stays hot and the economy sees unprecedented strength. This begs the question: What IF mortgage rates remain high?

It’s a reality many of us don’t want to see, but 2024 could end with minor, if any, rate cuts, keeping monthly mortgage payments high and affordability low. So, what should an investor do in this situation? Sit on the sidelines? Invest in a different asset class? Pray to Jerome Powell? While that last option may be worthwhile, top real estate investors are saying that NOW is the time to buy BEFORE rates fall. What do we mean?

We’ve got the entire expert investor panel here to give their take on what investors should do IF rates don’t fall. From house flipping to long-term buy and hold rentals, our nationwide panel of investors shares exactly what they’re doing to make money even with high interest rates. Plus, we’ll give our predictions on when rates could fall, what will happen to housing inventory, what young people should do NOW to get their first house, and why investors need to “reset” if they want to thrive in this high rate housing market.

Click here to listen on Apple Podcasts.

Listen to the Podcast Here

Read the Transcript Here

Dave:

At the beginning of the year, there was a lot of optimism that we would see mortgage rates decline over the course of the year. So far that hasn’t happened. So the question we’re going to dive into today is what happens if interest rates stay high? What does this mean for housing inventory first time home buyers? Investors Today we’re going to be digging into it all. What’s up everyone? I’m your host Dave Meyer, and today I have Kathy, Henry and James with me to discuss where we think the market will go if interest rates stay elevated for longer. Now I know we were all feeling optimistic and it hasn’t really happened the way most people were expecting. Henry, have you lost hope? Are you still confident that you can navigate this situation?

Henry:

No, I feel like we can definitely navigate the current climate. I am optimistic at some point rates will come down, but I’m more optimistic in my ability to find opportunities in any market and there have definitely been great opportunities to buy great deals. Right now,

Dave:

Speaking of any climate, Kathy, can you just fill in our audience a little bit about what the climate actually is and where mortgage rates are right now?

Kathy:

Well, it’s not a climate that a lot of us were expecting or at this time the job market has just been so strong. It has shocked so many economists and wage growth has been strong. It’s slowing down a little bit now, but just this last week’s jobs report was it beat expectations again, and what that generally means is the economy’s doing well and when the economy’s doing well, interest rates tend to stay high and inflation is still high. So this is unexpected. This means that a lot of fed presidents have been saying we’re not going to cut rates anytime soon. Maybe not even this year. And a few of them have even said, Hey, we might be raising rates. So there’s a lot of uncertainty. However, I do have an opinion on where that might go in the next few months.

Dave:

I like that. Okay, well we’re going to ask you that in a minute, but first James, I need to ask you, are you just sick of this whole conversation or are you ready to dive in and talk about the fed a little bit more?

James:

I’m sick of the hype around the conversation. Kind of similar to Henry rates are what they are. Go find the deal that makes sense with the rates and I think sometimes when you overthink a deal and this is what’s happening, people are overthinking things, there’s all this fear, you stay on the sidelines and you miss out on good opportunities and that’s what’s happened the last 12 months. People have missed some really good deals just narrowing in on this rate and trying to predict it. But as we all know, we predict wrong a lot so.

Dave:

Well that is definitely true

Kathy:

And we’re not alone. Some of the biggest teams with Yeah, they’re wrong too because it’s surprised everybody.

Dave:

Yeah, it has been very surprising. But I have this run of show that we use to ask questions. It’s sort of our outline for the show and the number one question is making you guys predict where rates are going to go. So even though you just said that you’re wrong, I’m going to ask you, Kathy, do you think that, let me just ask a more general question rather than something specific, but the idea at the beginning of the year was that rates were going to trend down. A lot of people were saying they were going to get into the high fives. I’m happy to say I never actually expected that, but the idea that they would trend down made a lot of sense to me. Do you still think that general concept holds true even though the first quarter of the year hasn’t seen that actually start to happen?

Kathy:

Yeah, I can say with all certainty rates are going to come down someday. We just dunno where that day

Dave:

Is. Our predictions are just going to get more and more general. They just take all specificity out of them and we might be right.

Kathy:

Well, what the Fed is really looking at is jobs, and one thing that I follow housing wire a lot and Logan, Moe basically pointed out that if there had been no covid, the number of jobs that they would have today would be between 157 and 159 million. So right now we’re 158 million. So a lot of this massive job growth is just really jobs coming back from a crazy pandemic, but it looks, it’s skewed. Everything is different because of a time that we’ve never experienced where suddenly no one was working and then jobs came back. So if we’re at 158 million today, and we would be right around here if there was no pandemic, I am predicting along with Logan that it’s going to start to slow down and we’re already seeing wage growth slow down so when the Fed has some confirmation that we’re not going to be just on this train ride of the economic train that’s been moving so fast and so speedy and creating inflation, once they see that slowing down, then we’ll get back on that rate cutting plan and mortgages will likely come down too. So that’s my prediction is that they will come down and if it’s not this year, it’ll be next year and no one can predict exactly when that will be. So your plan just needs to have that in mind that yeah, they’re probably going to come down, we don’t know when. So what you buy needs to make sense today and it’s going to make even more sense later when you can refine to something lower.

Dave:

Well that’s a great point and thank you for providing that context, Kathy. I actually saw something recently that said that the Fed is going to be paying less attention to jobs than they had been saying that because even though hiring has been really strong and inflation is still higher than they want it to be, inflation hasn’t reac accelerated and it hasn’t started growing with better jobs reports. It’s sort of just staying at this low threes. They want to get into the twos, but they are seemingly willing to tolerate a stronger than they had anticipated labor market. James, what about you? Do you still expect rates to come down or are you basing your business decisions right now on the fact that rates may stay flat or perhaps even go up?

James:

I still think rates are going to start ticking down towards the end of the year. I am seeing the housing market get really tight right now and that is one thing that I’m also looking at. Obviously there’s tons of factors that go into the Fed’s decision, what is going to happen to interest rates and part of it is housing and the housing costs, which does drive up inflation as well. What I’m seeing in the market right now is people are bidding stuff up, affordability on their pricing is getting really tight and they’re going to need to do something to fix that besides try to figure out where new inventory come from. But as investors, if I think that rates are going to be lower in six to nine months, that’s just upside to me in the deal. I don’t look at any deal today based on we don’t speculate.

If we like the deal on today’s numbers, we will buy and if the rates do go down in nine months, that’s just upside. And what I can feel a little bit more confident is if rates even do tick up a little bit, what we’re seeing is rates are high, inventory is low, and even to my own disbelief, I thought pricing was going to have to come down and is going up. And so I can feel fairly confident in my buys today because I’m seeing properties get bit up 10% over list at rates where they’re at now and we’re pumping past when the rates were at three and a half percent and so maybe it won’t matter as much, but I think the concern about their interest rates that’s going to crash the economy or the housing market really isn’t coming to fruition. If it does go down, it’s going to be from something that we’re not even talking about on the show.

Dave:

That’s a really good point. The things that we know are really pointing in a fairly clear direction about the housing market, it would take what people would call a black swan event to probably alter the course in a dramatic way if you’ve never heard that term back swan event is basically an event that happens sort of outside the normal variables that impact any industry. So this would be something like nine 11 or the Russian invasion of Ukraine or the COVID-19 pandemic where all the forecasting, all the data analysis you want to do, you can’t predict those types of things. And I think just going with traditional data analysis here, I agree with you James, it doesn’t look like rates are going to bring any sort of significant nationwide crash into housing prices. Henry, let’s just, I put James and Kathy on the hook, so I got to ask you as well, do you think rates are going to come down through the end of this year?

Henry:

In all honesty, Dave, I don’t care.

Dave:

Your questions bore me, ask me something else,

Henry:

But here’s why. It’s exactly what James said. So what happens when you have the environment we have now where rates are what people consider higher is yes, I’m going to still buy deals that make me money now and James is right, we’re only underwriting deals maybe 90 days back max like it’s what’s happening today maybe 60 days ago. That’s how we’re evaluating what’s going on and how we should value our properties. So what that really does from an investment standpoint is it might slow down our growth. When I was buying properties at a lower interest rate, they were cash flowing more, they were making me more money so I could afford to do more. Since interest rates are higher, cost of money is higher, those things, the cash flow isn’t as high, which means I can’t buy as many properties so it may slow me down a little bit. You still have to be able to sustain the things that you were buying, but we’re not stopping buying because of those rates. And it’s exactly right. I am going to get icing on the cake when rates come down because weights will come down. It may be five years from now, but that’ll come down eventually

Dave:

All. Well, first of all, I just want to say what James and reiterate sort of what James and Henry said is I strongly, strongly believe that you need to be underrated based on today’s rates because as we’ve seen over the last few years, no one really knows what’s going to happen with rates. And as I’ve said many times of the show, I love putting myself in a situation where I benefit from being wrong. It’s the best of both worlds. If you find a deal where rates stay the same and it works and then you’re wrong about rent growth, you’re wrong about rates going down and you make even more money, that’s a great situation. I love that kind of situation and you can definitely underwrite that way to make sure that your deals work out in such a way. I will just jump in and say and just provide my own thoughts.

I will be a little bit more specific. I do think that rates are going to come down a little bit from where they are. They’re right now as of this recording, which is, what are we at here? We’re on April 8th. We are recording this. They are at around 7% today. I do think by the end of the year we’ll be somewhere between let’s say 6.25 and 6.75 so that they’re going to come down a little bit but not into the fives. And I’ve sort of been believing this for a while because this is a complicated topic and rates just always come down slower than they go up. And I think that that’s number one. Number two, even if the Fed does lower rates, bond yields have climbed a lot over the last couple of weeks and they could stay high even if the fed cuts rates.

So there’s all sorts of things that are suggesting that we are not going to see as much movement in rates as people predicted. And so because no one knows, maybe to sort of flesh out our conversation here, let’s use this as a straw man. Let’s just use this assumption and talk about what might happen throughout this year. If I’m right, I’ll probably be wrong, but I think it’s a reasonable guess that we’re going to be somewhere around six and a half at the end of this year. Now that you’ve heard our predictions about the market or maybe us skirting around making predictions, we are going to talk about the state of the housing market if rates do stay high, stick around. Welcome back to the show. Kathy, what do you see happening with housing inventory because that’s sort of been the big story here this year other than rates is like we’re seeing a little bit of an increase in inventory but not that much. And if rates don’t come down, we may not see the lock in effect breaks. So do you think we’ll see that trend reverse or more of the same? What do you think will happen?

Kathy:

Well over time people do start to get used to the status quo. So maybe people will just start to realize this is where we are, we’re in the sixes and sevens. It’s not that unusual. You got to find property that works for that. And because wages have gone up more and more people will be able to afford even at those higher rates, the more affordable housing will be less affected by these higher rates. Yet you’ve got the high-end market where people just have money and they don’t care about rates. So the super high end, maybe it’s just not as affected. And affordable housing, not so much because when you really look at the difference in payment, it’s not massive. I’m talking about a hundred or $200,000 house. So it seems like the middle class might be more affected the what is the median home price now the 400, so you’re getting into five and sixes in terms of price, you can feel that.

But if I were to guess, I would say we’re going to continue to have this inventory problem for a while. And if you just look at the number of people in the US there’s 330 million people in the US I haven’t checked recently, but there’s a lot of Americans and now I think over 3 million more immigrants just in the last few years. And typically a good housing year of sales is about 4 million houses, three to 5 million houses trading hands, but usually about 4 million. So you don’t need to have that many home sales compared to the amount of household formations to keep housing stabilized. So I think it’s going to continue to be the supply versus demand story. There’s more demand than supply and there’s enough people who can’t afford even at these high rates that housing will stay strong. And we’re seeing that, right guys, you’re still seeing buyers all over the place. Absolutely.

Dave:

Yeah. So James, Kathy mentioned people with money that I would describe Seattle as a wealthy city. There’s a lot of high earners in that area, one of the highest median incomes in the country. Tell us what’s happening in your market. We do see little upticks in new listings, but are they just getting gobbled up? Are they just coming off the market quickly?

James:

They’re gone. I’ve seen the data about uptake in new listings, but the absorption rate is so fast right now. There’s so much pen up demand in our market where you can go out two, three miles and not find one house for sale in areas, especially if it’s a more affordable price point. And then even if you want to talk about even more expensive market, Newport Beach where I am, that market moves and it moves with cash and these homes are appreciating at 5%, 10% and it has became one of the most expensive markets in the whole us. And I saw something come out that said the average price per square foot is now at $2,000 a foot in Newport Beach. Oh my gosh. So I’m really happy that I just bought a house for 1100 a foot. Whoa. Wow. And that’s the biggest thing right now is you have to buy on the now and figure out where the demand is.

And if there is no inventory and there’s high absorption rates, then people are affording it. And it is, to my own surprise, 12 months ago I thought there was going to definitely be a pullback, which there was, but it rebounded back. That pullback was based on fear. It wasn’t based on actual affordability and that fear caused this blip in the market, but we are seeing it race back and it’s really hard to find deal flow. And I think what people have to do is they have to look at the new investment strategy. Everyone goes back to these old rules. The 1% rule, you can do it this way, the house hack, you can do a burr. Those are strategies you can implement, but the math is going to change. How we were buying back in 2008 was a lot different than we were buying in 2015, and how we looked at deals was a lot differently. And now how we’re looking at ’em today has to be different. And it’s about how you cut the deals up and if you get stuck in that old way of underwriting properties, you’re going to make old returns. They’re not going to be that great. And so you have to shift with that market and rates are probably here to stay. Inventory is locked up. I didn’t think it was going to be this locked up at all. I thought there was going to be more inventory coming to market and it is compressed.

Dave:

Henry, are you seeing changes in the type of demand that you’re seeing? Is it the same kind of transaction? Is it mostly at the higher end of the market?

Henry:

Yeah, no, we’re seeing demand really across the board. So the types of properties that go quickly here are your typical first time home buyer property. So your three bed, two bath, 1200 to 2200 square foot home, if it’s done right, it’s gone. We also have a influx of people that are looking to buy that next tier home, the three to five bedroom, three to four bathroom, 2000 to 3000 plus square foot house because of the corporations that are here bringing in the high earners. And so they’re either building those houses or they’re snapping the good ones up off the market. The luxury flips are taking longer the things that are above those price points. But if you’ve got something in a desirable neighborhood nearby one of these employers that’s in that mid tier and it’s done right, gone. If it’s under $250,000, it’s getting looked at and it’s probably getting snapped up.

Dave:

That’s not what I was expecting you to say to be honest. I thought you were going to say luxury things are doing well, sort of what James was alluding to, but that just shows how regional differences do make sense. And it sounds like what’s fueling your market is people who are either coming in or landing some good jobs given the really strong job growth and high wages that are coming to your market. Correct. Kathy, what do you think this all means for the younger generation? Maybe the people who don’t already have enough money to spend $2,000 per square foot, which is all 12 of James’s neighbors and no one else in the whole country or the people who are getting jobs like in Henry’s market. What does this mean for the average young person who just wants to buy their first home?

Kathy:

Oh, that’s been an age old question. It’s never been easy really to buy your first home. Honestly. Again, I go back through the decades, that’s always been an issue. The one time that we had rates so low and it was so easy for anyone to get in the housing market, that’s sort of blew up as we know. So you would just have to educate yourself. That’s the best thing I could say. People are doing it. People are doing it every day. Just an anecdotal example, I was speaking to a babysitter, she’s 24 years old, she’s going to buy her first house, she’s doing it with other people and she makes $24 an hour. So there’s ways and you have to get creative and understand the power of it that let go of all the other things you’re spending your money on the things that you can let go of and put it into assets that are going to inflate over time and are going to make you wealthy over time.

It does take sacrifice. Many of us sacrificed to get to where we are. We shared our house with three or four other families. The first house we bought, we carved it up different rooms and had friends move in and that’s how we made it work. So not everyone is going to get out of college and get a hundred thousand dollars salary and those who are probably in expensive markets where they can’t afford in that market, even with a hundred thousand dollars salary. So again, you just have to get creative and there’s ways, we all know there’s so many different ways to do it. You just have to learn how. I

Dave:

Think an important thing you said is that it’s always been difficult and that is true, especially I hear this term, people always say, oh, we’re becoming a renter nation. The data does not support that idea. Actually you can Google it. I encourage you to, if you just look at the homeowner percentage in the United States back into the sixties, it’s always been between 63, 60 9%. Right now we’re at 66%, so right in the middle there. But obviously that can change. And with the affordability issue here, Henry, I’m curious, do you think there’s going to be harder for people than it has historically to afford a starter home? And does that mean that there’s going to be more demand for rentals or what are some of the implications for this challenged affordability?

Henry:

It’s hard not to think it’s going to be more difficult because we just keep seeing prices climb. We keep seeing rents climb and yes, there are more jobs out there and people are getting more high paying jobs and that’s going to help some of the affordability. But I think there is, there’s going to be a subset of people who continue to be priced out of being able to buy a home. And I think not only is that going to play into that, but you’ve also got the additional cost potentially for some people with having to pay for a realtor out of their own pocket to come and buy some of those homes. And so I think it is going to be challenging and I think you’re going to start to see or hopefully start to see some ways for people to be able to jump on the affordability train.

I think education has to be key here. There’s never been, or there’s not really a lot of formalized education for people in terms of helping them understand where can they go and look for first time home buyer programs that can help them offset some of these costs. In almost every state there’s typically a program, but unless you know someone who knows this information, a lot of people have access to it. So education is key and helping people put together plans and budgets for being able to buy a home. I think a lot of people don’t truly understand how much they need to have set aside and how much they need to be making to to afford it. A lot of people don’t really even start thinking about that until they’re ready to start making offers. And so I just think education and access to resources and programs to help them understand will go a little bit of the way, but there are going to be several people just priced out.

Dave:

Yeah, I unfortunately agree. I wish it was easier for people to afford and there wasn’t this affordability problem, but it does seem like it’s here for at least the foreseeable future and hopefully something will come along to make it a bit easier. We have more on this conversation right after this quick break. Welcome back to On the Market. James, I want to ask you sort of the flip side of this question, which is do you anticipate fewer investors being in the market? Because as you said, you sort of have to change tack, you need to look for different strategies, you need to underwrite deals differently. Do you think the average investor is willing to do that or people are going to bail and put their money somewhere else?

James:

We definitely saw investors bail out a lot in 2023, but I feel like the gold brushes came back because again, the fear has loosened up. We broke our record last month for lending hard money and we were down on volume for a while. We lent nearly two x what we had lent in the last five months per month and there’s this mass surge going on. I think investors will continue to buy. I think they’re going to have to buy differently, and if they want to put in the time and work, then the activity will go on. But have to, again, you got to cut up your deal differently. You got to look at it different. How is it? It’s more about how you look at it right now. If I’m looking at rental property, I’m not looking at my cash flow. I’m looking at my return on equity, what can I create? There’s my true return and I still can’t find anything that’s going to give me a hundred percent return on my money in 12 months with equity. Maybe Bitcoin if you just get lucky, I don’t know.

Dave:

Yeah, why is a hundred percent return the benchmark if you find a hundred percent return, sign me up. But I think the normal benchmark would be 8%, which is the stock market.

James:

Well, and that’s the thing, you can still make those returns in today’s market. If you can flip a house, you can create 20, 25% equity. That’s what you need to be profitable on a flip. And if you’re putting in 50,000 and you create 50,000 in equity, that’s a hundred percent return in value right there. And I think if people switch their mindsets, they’re going to continue to buy. And at the end of the day, investing in real estate, if you think it’s going into high inflation, like Kathy said, it will go up. And so I think investor activity, it goes in surges. The fear has gone away. We’re seeing a surge again, if there’s anything else that happens to the economy which could happen, there’s a lot of weird things ruined in the background, then you’ll see an exodus again. And so that’s what I have really learned is by when people are freaked out because that is when you get the best deals.

Henry:

Yeah, I mean 100%. I agree with you James. I think what this economy is doing is for investors anyway, is it is creating stronger investors because of the economic climate and it’s forcing investors who are staying in the game, who got in when things were so much easier, it’s forcing them to learn how to pivot and it’s forcing them to be fundamentally sound investors. Nowhere have we ever said that this is a business where you’re going to make a whole bunch of money in the first 60 days of you owning a property or the first year of you owning a property, being a landlord anyway. So being a landlord has always been a long-term game. We’ve just been really spoiled over the past three to five years because we’ve had great rates. We’ve had prices going up, we’ve had rents going up and you’ve been able to make great returns.

But now in a more, I don’t want to call it normal market, but a probably more realistic market, the fundamentals are more important. When you’re underwriting a property, you actually have to scroll down to the bottom of the calculator and look at the 30 year cashflow prediction, not just the year one, am I making the money today? But what’s this going to look like in three years, five years, seven years, 10 years? Right? Because it is a long-term play. And can you sustain owning that property until you get the payoff that you want? And if you can’t, then that’s probably not a deal you need to do. These are the things that we have to do now when we’re underwriting our deals that maybe a lot of people didn’t do over the past five years. They’re like, oh, it’s not paying me $7,000 a month cashflow on day one. Get it out of here. I’ll go get another one. Right? It’s just not that game anymore.

Kathy:

I want to say that in some ways I think it’s easier than it’s been because there’s always forces at play. Whatever is happening in the market. And during Covid, there was so much competition because rates were so low. It was, remember you guys, it was like multiple offers on everything. And that’s hard. That’s different skills than today where today now there’s a lot less competition and in some cases none. And you also have certain people in distress under the current situation. So in my opinion, it’s easier today than it was a few years ago just because interest rates were lower than doesn’t mean it was necessarily easier to find the deal.

Dave:

I think we all just need this sort of industry-wide resetting of expectations. The reason I asked you, James, about the a hundred percent return is I was talking to someone over the last week and they were talking about deal cashflow is harder to find. This is harder. I was like, yeah, and it’s still a way better investment than anything else that you can do with your money. And I went to the point of just doing all of this math and analysis and I decided to just take an on-market deal in a market that I invested in the Midwest and just find a random on-market duplex. I just pulled it down, I ran the analysis for it and what it showed, this is buying full, asking price on market deal. And it returned. If you add up the amortization, the value add, the cashflow, which was only like three or 4% and the tax benefits, it still yielded a 12% annualized return.

The stock market offers an 8% annualized return. And if you know anything about compounding, the difference between 8% and 12% is actually enormous. If you invested, sorry, I’m going to go on a rant here. I did this all this week. This is what I spent my weekend doing is if you invested a hundred thousand dollars at 8% stock market after 30 years, you’d have a million dollars pretty good, right? If you invested that a hundred thousand dollars into my on market random deal instead of a million, you’d have $3 million. You would have triple the amount that the stock market return. And that’s my boring, regular on market deal. So I think people just need to start forget. Yeah. Was it easier to find cashflow 10 years ago? Yes. Does that matter? Absolutely not because it’s about where you need to put your resources right now and it’s still the best asset class to put resources in. So there’s my rant. Sorry, I had to say that

Henry:

Soapbox, Dave is my favorite Dave

Dave:

Ever. I understand why people are frustrated. We all wish it was if it was super easy, but it’s still a really good way to build wealth, and I just think we all need to remember that and sort of normalize these types of returns. Still really good. Amen.

Kathy:

Yeah. Let’s just remind everybody that where else can you have somebody else paying down your debt for you? The government subsidizes this investment for you, gives you tax breaks, and if you just let someone else pay off your debt in 30 years, you own the property free and clear. Now, I know 30 years sounds like a long time from now. You can do it faster by taking a lot of the cashflow and paying down the loan faster, but there’s nothing that compares. And then if you decide I want access to this money, you can just refinance that property and take cash out tax-free people. So again, yeah, nothing compares.

Dave:

All right. Well, it sounds like at least the four of us are hoping with the idea that interest rates might stay higher and at least admitting to the fact that we don’t know what’s going to happen, but are still investing anyway. So thank you all for sharing your information and your feelings about what’s going on right now. And thank you all for listening. If you also like soapbox Dave or some of the answers that everyone else gave, we do always appreciate when you get on your soapbox and tell either a friend about this show that you really like this podcast or tell the whole world by writing a review for us either on Apple or Spotify. I’m Dave Meyer for BiggerPockets and on behalf of James, Kathy and Henry, we appreciate each and every one of you and we’ll see you for the next episode of On The Market. On The Market was created by me, Dave Meyer and Kailyn Bennett. The show is produced by Kaylin Bennett, with editing by Exodus Media. Copywriting is by Calico content, and we want to extend a big thank you to everyone at BiggerPockets for making this show possible.

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In This Episode We Cover:

  • Mortgage rate predictions and when interest rates could finally start falling
  • What should investors do IF mortgage rates stay high throughout 2024
  • The “lock-in effect” and whether or not high rates are leading to lower inventory
  • The homes that are flying off the market in many areas (and the ones that are sitting)
  • How young people can creatively get into their first home or investment property
  • Why investors MUST “reset” their expectations if they’re to build wealth in this housing market
  • And So Much More!

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Note By BiggerPockets: These are opinions written by the author and do not necessarily represent the opinions of BiggerPockets.

New Policies Take Aim At Boosting Affordable Housing, Investors Could Benefit w/Dennis Shea

The Hidden Risks of “Subject To” Real Estate w/Eddie Speed

For the past few years, subject to” real estate has been all the rage. Everyone is talking about how they scored a great real estate deal by taking over a seller’s rock-bottom interest rate mortgage payment. You see it all over social media, “I got this house for zero dollars down with a three percent mortgage rate!” And while this may seem too good to be true, the practice of subject to real estate isn’t illegal, but some of its huge risks could ruin an inexperienced real estate investor.

So, who do we have on to talk about subject to? Eddie Speed! Eddie is a creative financing master who’s been in the real estate note investing business for over forty years. Eddie has been around the block more than most and has seen the good and bad sides of subject to real estate. It’s become alarming to Eddie how many inexperienced investors are using this strategy without knowing the risks, putting their wealth and, more importantly, sellers in danger by being far too cavalier about the massive downsides of getting this real estate strategy wrong.

Eddie walks through exactly how subject to works, the one clause that could blow up your entire deal, what will trigger it, the difference between subject to and assumable loans, who should be using subject to, and who DEFINITELY shouldn’t. Even if you’ve done a subject to deal before, you’d better stick around for this one, because you may have gotten it wrong.

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Listen to the Podcast Here

Read the Transcript Here

Dave:

Hey everyone. Welcome to On the Market. I’m your host Dave Meyer, and today with me is Kathy Fettke. Kathy, you’re bringing on one of your old friends today as our guest. Can you tell us about ’em?

Kathy:

Yeah, I’ve known Eddie Speed for years. He is an OG in the note business on his fifth decade of understanding notes, and that includes subject two where there’s been so much confusion about what that is and how to do it and how to do it properly. So I’m thrilled that he’s here today.

Dave:

Yeah, subject two, I feel like has skyrocketed to one of the most commonly talked about and perhaps even the most popular strategies or tactics that you can use in real estate investing. And so what we’re going to do today is talk to Eddie about first and foremost, what it is because not everyone is familiar with that. So we will break down the basics, but then we’re going to talk about some of the risks and rewards of this strategy because you may already know this and we will dig into this when we talk to Eddie, but I think there are a lot of questions about the legality or how to do this strategy legally, and Eddie is the perfect person to discuss that with us today. So it let’s bring on Eddie speed. Eddie, welcome to the show. Thanks for being here.

Eddie:

How you doing, Dave?

Dave:

Great. Very happy to have you. Thank you. Let’s have you start by telling us a little bit about how long you’ve been investing and when did you first learn about creative finance and specifically the subject to strategy.

Eddie:

Well, my original business was I’m a seller finance note buyer, and I started doing that in 1980, so I spent a lot of my career working with real estate investors who frequently created seller financing, and so I’ve worked with, I would say thousands of real estate investors on creative finance strategies including sub two for decades. This is about four and a half decades in for me now.

Dave:

Wow, that’s incredible. We got the right person here to talk about what’s going on in this creative finance environment and some of the risks and rewards of it. So thanks again for joining us. For those of our audience who may not know, can you just explain a little bit about what subject two is in the first place?

Eddie:

So subject two, the thing that most people call it is sub two, which it is just a shortened way of saying you are taking title to a property subject to the existing mortgage. You’re not assuming it. You’re acknowledging that there’s a mortgage, so you’re accepting deed to the title, subject to the underlying mortgage.

Dave:

And so the difference just so everyone’s is that when you assume a mortgage, you’re saying, I am taking over this mortgage. It is now mine. The original mortgagee is done, right? They’re completely off it, but subject two is different in that basically the original borrower stays on the mortgage, but the person who gets the mortgage subject to basically takes over the payments of that mortgage. Is that right?

Eddie:

Yes. They’re not technically legally liable for it. They’re taking it subject to, but they are fully aware that if they don’t pay the mortgage, then they could lose their interest in the property, right? It’s a legal maneuver. It’s not an assumption. There’s no qualification. Let’s be perfectly honest about it. They’re not trying to go wave a flag in front of the lender who probably has a due on sale clause, and so they are trying to take over the existing mortgage because of rates. They’re trying to take over a low interest rate mortgage and take advantage of paying that debt back versus paying cash or go getting a more expensive mortgage.

Kathy:

Eddie, that’s always been my concern and why I haven’t really looked into this that much because of that due on sale clause, but it sounds like banks haven’t been calling it, but they’ve also not had 2% interest rates. So is that a risk?

Eddie:

A hundred percent. I mean, that’s the risk. The risk is you’re taking over a very advantageous loan at a low rate. The risk is you do something and you now trip the due on sale clause and alert the lender, and we can talk about what those likely scenarios are to most likely trigger the loan. And that’s exactly what it is. This is not for amateurs, this is not for beginners. Your first deal probably doesn’t need to be a sub two. So it’s a market condition. Savvy investors do it. They’re usually in a position, Kathy, if something goes wrong that they can write a check and solve the problem and pay off the underlying mortgage. And so that really starts qualifying Who really is a candidate for this strategy?

Kathy:

Oh my gosh, that’s such a good point. Having that backup plan.

Dave:

Andy, I’d like to just talk about some of the basics of subject two for a minute here. Can you just tell us why would a seller agree to this?

Eddie:

Because they need to get out of the trap.

Dave:

What trap is that?

Eddie:

We see it all the time. Somebody’s in the military, they get transferred, their life changing. You got to move. And so we’re now in a market where rates are much higher and affordability is very different and they need to get out of it. And I’ve been around the business, I’ve been around, I’m in three masterminds that I would say safely, probably 80% of the top 500 house buyers in those masterminds. And so I hear these stories a lot and the people just need to be in a situation where they can move on if properly done. They’ve been fully explained, have had fully explained to them exactly what’s happened and what you’re doing right now. Do you think that everybody that’s done a sub two has done a super clear job of doing that? I have some doubts, but I would say that if anybody that has done this that is taking responsibility and doing the right thing, they’ve explained the scenario and they saying This is a risk you’re taking. You need to fully understand the risk, and if this is an acceptable risk, then this might be a strategy to let you get out of the trap. And by the way, you’re not going off the mortgage and you’re not going off the credit report. You still are responsible for the debt.

Dave:

So if the person who assumes the mortgage just stops paying their mortgage, then the original borrower still on the hook, right?

Eddie:

Absolutely. And they didn’t assume it, by the way, remember they did it sub two.

Dave:

Okay. So now that we’re clear on what the subject two strategy is, let’s dig deeper into its potential risks, legality, and why people might consider this strategy in the first place. Eddie’s going to take us through it all right after the break.

Kathy:

Welcome back to On the Market. We’re here with Eddie Speed talking about what investors need to know about subject two. So let’s jump back in.

Dave:

Now, as Kathy said, the due on sale clause here is obviously one of the big risks that we want to talk about. So can you just tell us what the do on sale clause is

Eddie:

Today? They write into the mortgage that it has a due own sale provision, meaning it’s a covenant in the security document, the mortgage or the deed of trust, and it simply says if the transfer of title transfers, then that loan is due. Now there’s a provision in there that also allows for you to transfer the property into a trust under Garn St. Germaine. So there is a provision that says if Kathy Fed Key owns her house individually, she can then transfer that property into her trust. And this is why you commonly are hearing real estate investors are talking about using a trust. Now, to be clear about this, that’s Kathy’s trust, not Eddie’s trust. Kathy can have a trust and transfer the property into her trust. It doesn’t technically give her the provision to transfer it into Eddie’s trust. So it doesn’t really sidestep what that covenant in that security document says. Now, by the way, I’m not an attorney and I don’t play one on tv. I paid for about every high dollar law school in the business and legal fees. So I’m only repeating what the attorneys have explained to me. So there’s a disclaimer on that.

Kathy:

And has this been an issue? I mean, I’m even scared to transfer my own properties into an LLC because of that due on sale clause because it’s considered a different owner and I don’t want to have the loan called and I don’t want to lose my 2% mortgage. And people always say, don’t worry about it. They never call it. Is that changing? Are you seeing anything new?

Eddie:

The provision allows you to put it into a trust. That’s what I would do. You can put it into a trust. It doesn’t necessarily provide for you to put it in A LLC, so put it in a trust. You could have an LLC as the beneficiary for the trust. Yes. So you could figure out how to paper it. So people, if you’re listening to this, you’re going, Eddie, this is like a legal maneuver. This is a legal maneuver to acquire property that really isn’t totally cool with the servicer that you’re doing that. And the answer is that’s exactly what it is. So you’re saying are you a proponent of this? I’m saying to you that it is a common business practice for seasoned real estate investors in this environment that we’re in, that some of them are doing it.

Dave:

Eddie, I know you’re not a lawyer, so I won’t ask you to tell us the specifics of the legality here, but would it be safe to say that subject to properties are legally ambiguous? It’s not clearly legal.

Eddie:

This is what I’ve been told. This is not illegal. It is not illegal to do this. There are some things that can be illegal about it, which we can discuss, but in the spirit of it is not against the law to do this. You are breaking a covenant in the security document, right? That’s different than breaking the law.

Dave:

Okay, I see. So it’s just basically you’re breaching a, you could be, let’s just say in theory you could be breaching a contract

Eddie:

A hundred percent.

Dave:

Okay? And maybe this is a silly question, but if that’s the case, why would an investor want to do this?

Eddie:

They’re trying to take over a low rate loan,

Dave:

Okay, so that’s the incentive.

Eddie:

And if you have the horsepower to go fix the problem, then it may not be that big of an issue. If you don’t have the horsepower to go fix the problem they call the note, then you might be putting yourself and the guy you bought the property from and potentially somebody you may have sold it to on a wrap or a lease option. You might be putting all the parties at risk.

Kathy:

Yeah, so yeah, let’s talk about that. Let’s say that they call the note. And again, my last question, are we seeing this? Are banks calling notes? Because I keep hearing people say, well, of course the banks are going to want to get out of their 2% rates, but is that true? Do they still even hold the note or was it sold? I mean, is that even true?

Eddie:

So the is not a lot of people think they’re out running title. That’s not what they’re doing. They’re not running title trying to go find these things. Something has triggered them doing it and then they’re under a fiduciary responsibility to investigate it. That’s really where I think the rubber meets the road. So the question becomes how does a servicer figure this out? What is the trip switch? There’s a couple of things that can happen, right? The borrower could get just nervous and just call the lender and go like, oh my God, I can’t believe I did this like 60 days later, I just did the dumbest thing that could happen. You ever seen that happen, Eddie? I’ve seen it happen. So they go and rattle themselves. You wouldn’t think they would, but I’ve seen it happen. That can happen. Here’s another thing. This is very common.

Mr and Mrs are getting a divorce. They’re walking away from each other. Let’s just let somebody take over the mortgage. We’re going to walk away and we’re going to live our own life. Okay? Well, the MR is now two years later, she meets a new mister, she’s getting remarried and things are going good, and they’re going to buy a new house, Dave, and they go down to the mortgage company and the mortgage company, ask them Texa loan app. And Mrs never mentions the existing mortgage, not hers anymore. And then all of a sudden they pull a credit report and they go, what about this mortgage you’ve got? And she goes, what? Mortgage? Oh,

Kathy:

Yeah.

Eddie:

Do you see what I’m saying? So what if she hasn’t signed off that she’s fully been disclosed and fully a hundred percent understands it’s on her credit report that she’s liable for it. There could be an issue with the insurance where all of a sudden that triggers somebody to make phone calls and what happens? That could be a scenario. 90% of the time it’s going to be the insurance.

Dave:

Okay, and why is

Kathy:

That? Yeah, I had not heard that before.

Eddie:

Who’s the insured?

Kathy:

Now I’m confused. Well,

Eddie:

Kathy, Kathy’s rich and probably doesn’t have a mortgage, but for us

Kathy:

Other, you’re sweet

Eddie:

That might have a mortgage. We are going to have to send our insurance policy to the lender every year, and it’s going to say, to protect your interest, Mr. Lender, we’ve made sure that we insure the property. And so this is property insurance. This isn’t title insurance. This is property insurance. And the debt page of that insurance insurance is going to say, who is the insured? And if you want to know what likely is going to cause the trip switch, somebody who is not necessarily a decision maker at that servicing shop is responsible for clicking the button and saying, yes, Kathy has insurance, blah blah. Here we go. And she takes it over to her supervisor and she goes, well, Kathy’s no longer the insured. What do I do with this one?

Dave:

The person who purchases subject to needs to get new insurance. And that creates confusion with the servicer. And that could trigger just an investigation internally.

Eddie:

And there are some things that are stated in the marketplace that are solutions for this that I think are well not correct, act. So here’s what we’re going to do, Kathy, I’m going to buy this property sub two from you. We’re going to keep your insurance and I’m going to pay your insurance premium, and then I’m going to go put another policy against it where I’m the insured. Let me ask you a question. What if the house burns down? Who’s going to pay the claim?

Dave:

That’s why we need you, Eddie. We don’t know.

Eddie:

You don’t think those insurance companies are going to have a problem with the fact that we are insuring Kathy, although she has no other interest in the property, you don’t think they’re going to have an issue with that, right? Or you don’t think another insurance company is going to say, oh, wait a minute, you have two insurance policies on this house. That’s a black hole that I don’t even think about. But I know I’ve been told this many times, Kathy, from some people that you and I mutually know, I’ve been told that that’s how you fix it. My guys that give me counsel and legal advice on this say that is definitely not how to fix it.

Kathy:

Well, I think that really does bring back to this is sophisticated and you should be getting your legal advice from an attorney

Eddie:

And one that didn’t get it in a cracker jack box

Kathy:

Would be especially helpful.

Dave:

This is great information and it’s certainly clearing up some of my personal questions about subject to, but who might consider taking on this risk and what actions can investors take to protect themselves if they’re going to pursue it? Eddie gives us his expert insights right after this break.

Dave:

Welcome

Dave:

Back to our conversation with Eddie. Speed. Let’s pick up where we left off. So Eddie, this has gotten popular over the last few years, obviously because the change in interest rates, it is very perhaps more appealing than it ever has been to take over someone else’s mortgage. Given everything you know about this, what is the profile of an investor who should think about this type of strategy?

Eddie:

I think you need to be operating at a level where you are making a very informed decision about the strategy and the process and the documentation and the risk associated with it, and that you are prepared for something not to go right, and that you’re in a position to fix it. Now, there’s another issue here that we haven’t really discussed that’s very important, and that is state statutes relative to borrowers that are delinquent on their mortgage. Because a lot of times the reason people do a sub two is they’re behind on their mortgage. So about 50% of the states have mortgage foreclosure protection laws. That means if you’re delinquent on your mortgage, Kathy, in your state for sure, there’s consumer protection laws that says in the state of California, if you’re delinquent on your mortgage, you’re a protected class, you’re like a minor.

Kathy:

I thought the opposite was true because in California you can foreclose in 28 days or something unless the laws have changed. I dunno. It was very, very quick here. Really? Yeah, it’s shocking. Now there are places like Pennsylvania where I would never hold a note because you can’t foreclose. Florida has been shockingly very difficult considering the color of that state so to speak. But California I always thought was pretty easy. But you’re right Eddie, every state is different.

Eddie:

Alright, so let’s go back in history and let’s talk about why this happened. Kathy, you remember the old short sale days?

Kathy:

I do. You

Eddie:

Remember all these kind of panhandler that would go get somebody to pay them a fee to go arrange a short sale and they were sort of scamming, they really weren’t going to go work and get ’em a short sale. You remember those days?

Kathy:

Yeah. Oh yeah. Wild wildlife.

Eddie:

Well, a lot of states then adopted delinquent mortgage protection laws. So that borrower is a protected class. Now you are in a fiduciary responsibility in dealing with that borrower. So you can imagine, Dave, I’m going to bust out there and go in these states. Now I don’t have a clue whether my state is one of those states You’re not, right? I don’t know what the statutes say. We’re just going to ignore all that. Or we never even knew to ask. Now all of a sudden I find somebody, they’re delinquent on their mortgage and I’m going to write ’em a check, get ’em to deed the property to me and I’m going to buy the property at a discount. Right? Now you go back and say, I wonder if some of those mortgage foreclosure protection laws said that my fiduciaries could do that because now they’re in a fiduciary responsibility in dealing with me.

Oh, that could be an issue. So this is also risen. Its ugly head. These are stories that I’ve heard pretty common where people have gone out and wake up one day and find out, well, apparently this is one of those states, about half of ’em have this law and they’re all different within the state, so you can’t say they’re not all written exactly the same. But basically the concept is this. The borrower who is delinquent, sometimes they say foreclosure has been initiated. Sometimes they just say delinquent. But now you’ve gone out and you’ve realized that person you did business with that then allowed you to do a sub two was a protected class. I hope I’m making you nervous. No,

Speaker 5:

Yeah,

Kathy:

You are. That’s

Speaker 5:

My quiet.

Eddie:

This is why you can’t this, you have to get good advice before you go do this

Kathy:

And not take it so lightly. The pitch has been, and I know people who’ve done sub two that have done well and have become wealthy and I’ve been jealous and why can’t I have the nerve to do this? But the pitch has been this is a no money down way to build a pretty massive portfolio with low rates. I, and of course it’s not always the case, but it’s solving a problem. Like you said, this person is backed in a corner, they’re going to lose the property anyway possibly and lose everything. So again, that’s the pitch. But the reality is there is risk and people need to know about it. And so let’s go back to that of the risk to the seller. Well, we’ve been talking about the risk to the buyer, to the sub two person. Other risks are there because now they’re on title, they’re a fiduciary, so they better have given a fair deal.

Eddie:

Half the states have this, half the states don’t have it, and not every bite does a sub two is delinquent. So this doesn’t mean every person in every state and every scenario has this scenario, but that’s a level of awareness. I’m very intentionally bringing to the conversation because I found out this is not a commonly understood thing. Once again, I’m not an attorney, but Kathy, I’ve had quite a bit of dealings with people that specialize in this. I have been brought in many times to go help evaluate the risk management side, even from the attorney’s perspective, because I’ve seen this so much. I’ve seen so many people that have done it sort of seen what can go wrong. As you said, Kathy, I’ve seen people that have done it really well with it. I’ve seen people that have not done so well with it.

Kathy:

Yeah, I mean, really to me it comes back to ethics. If you are giving a fair deal to this person and you are acting as a fiduciary where you do give them some cash, if there’s equity in the project or if there’s not equity, you’ve just relieved them from this debt and you can prove that. But how could it go wrong even if you’ve kind of done it right in that regard, what if it doesn’t perhaps perform the way you thought and you can’t make those payments or I dunno, what are more risks?

Eddie:

The first thing I would say to you is, Kathy, go up in front of a judge and here you are, a real estate investor that came up with this really clever idea, and then you got these people that you got to essentially sign over your property and take their mortgage. Now something’s gotten messed up. Who’s going to be perceived as the opportunistic person here, right? Who’s going to be perceived as not so reasonable? So now you can see where lawyer in this up becomes pretty important.

Dave:

Yeah. That’s the only real way to protect yourself, right? Yeah. There’s no shortcuts to this. If you’re going to do this, you need to be speaking to an attorney and making sure that everything you’re doing is legal, ethical, all of that.

Eddie:

And this is not something that most real estate lawyers have a high experience in, or I don’t want to say they’re incompetent, but they’re not specialized in this field. So this is not something that just you go in the yellow pages, they still have yellow pages. They don’t have those anymore, right? Kathy? I don’t know if they have those. Yeah, you go look for a lawyer and okay, well this guy, he’s not the guy. And so that’s kind of the areas that we’ve seen. So you can do this where you believe that you have identified the risk and you’ve managed the risk. Identifying there is a risk, right? Kathy, very clearly identifying there’s a risk associated with this, and then there’s a way you can do it where you’ve kind of blindly not even assumed the risk. And that’s somewhat like crossing the highway with a blindfold bone. It just may not work out for you as an industry person. That’s what I want people to get. I don’t want to make this sound like it’s so easy that anybody that can spell real estate can do it. I don’t want to sound like it’s so impossible that I think I haven’t seen people that are successful because I have. Right.

Dave:

All right. Well, Eddie, thank you so much for sharing this information. This is really helpful. You bring a level of expertise on this subject I had not heard before and really appreciate your words of wisdom and caution to real estate investors. If you want to learn more about Eddie, we will link to his website and information in the show notes. As always, thanks again, Eddie.

Eddie:

Thank you very much.

Dave:

On the market was created by me, Dave Meyer and Kaylin Bennett. The show is produced by Kaylin Bennett, with editing by Exodus Media. Copywriting is by Calico content, and we want to extend a big thank you to everyone at BiggerPockets for making this show.

Watch the Episode Here

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Help us reach new listeners on iTunes by leaving us a rating and review! It takes just 30 seconds and instructions can be found here. Thanks! We really appreciate it!

In This Episode We Cover:

  • Subject to explained and whether thisno money downstrategy is worth the risk
  • Subject to real estate vs. assumable mortgages and why these are NOT the same strategy
  • The “due on sale” clause that could ruin your entire deal (and what triggers it)
  • A workaround to the “due on sale” clause that most investors get WRONG
  • Who should be investing in subject to real estate (and why it’s probably NOT you)
  • Often overlooked state laws that could put you in hot water if you’ve done a subject to deal 
  • And So Much More!

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Connect with Eddie

Interested in learning more about today’s sponsors or becoming a BiggerPockets partner yourself? Email [email protected].

Note By BiggerPockets: These are opinions written by the author and do not necessarily represent the opinions of BiggerPockets.

Squatters’ Rights, Rent Caps, and Blackstone Gets Ready to Buy

Squatters’ Rights, Rent Caps, and Blackstone Gets Ready to Buy

Squatters’ rights are quickly being stripped away as more states move to end this widespread illegal occupation of private property. Blackstone predicts real estate prices to “bottom” as they gear up to go on their next homebuying shopping spree. Rent increases get capped for affordable housing, and why doesn’t the American public know about the BILLIONS of dollars in government housing subsidies? It’s another wild week in the housing market, so let’s get you up to speed.

In this Headlines Rumble show, we’re pitting the top housing market headlines against each other as we dive deep into the stories that affect real estate investors the most. First, we talk about DeSantis’ war against the squatters, as Florida becomes one of the first states to take action against squatters illegally occupying private property. Next, we discuss the $7.3 billion in housing subsidies that banks receive but AREN’T flowing into homebuyers’ pockets. So, where is all that money going?

Blackstone predicts real estate will “bottom” soon as they prepare to buy over $1 billion in single-family homes this year. If one of the most data-backed hedge funds in existence is saying now is the time to buy, should you begin searching for your next property? Finally, we’ll discuss the recent rent caps for affordable housing that are stopping landlords from increasing their rents even during times of quickly rising costs.

Click here to listen on Apple Podcasts.

Listen to the Podcast Here

Read the Transcript Here

Dave:

Hey everyone. Welcome to On The Market. You Got me Dave James Dainard and Kathy Fettke here today to do our headlines Rumble show, which means that we’re going to be diving into some of the most important news as we normally do, but we like to make it into a game. And basically the way it works is we start with a couple of headlines, vote which one’s best, talk about it for a couple minutes, and then just like Royal Rumble, if you used to watch WE or WWE F, we’ll have a new headline, enter the Ring and we can decide if we want to switch to talking about that one or keep talking about the headline that we were previously discussing. So I do have an announcement to make before we get into the headlines and we have a winner of our Market Madness bracket. If you didn’t listen a couple of weeks ago, we wanted to get in on the college Basketball Madness and we each picked two markets that had representation in the actual NCA tournament and ranked them in terms of their investability. And then we posed the question to our Instagram audience to vote and the voters have spoken and they are speaking for Tampa, Florida. James, was that you?

James:

That was me.

Dave:

Oh man.

Kathy:

Good pick.

Dave:

I tried to pick some underdogs. The tournament always has these underdogs and I just picked two markets, no one’s ever heard of, and I lost quickly.

James:

I just picked where I wanted to go to college. Who doesn’t want to go to college in Florida? That’s a good time.

Dave:

That does sound fun. Probably too much fun for certain members of the cast who were not mature enough yet to make responsible decisions during their college years.

Kathy:

Yeah, that’d be probably all of us.

Dave:

What were your two markets again? Kathy

Kathy:

Greenville, South Carolina and Oklahoma City. No, I can’t remember what my city

Dave:

Was. Yes. No, that was it. That was it. Those were good. No, you did Cincinnati.

Kathy:

Cincinnati.

Dave:

Yeah. No, we were giving you crap about Cincinnati. Yeah, yeah,

Kathy:

Yeah, that’s right.

Dave:

Alright, well James, congratulations on winning the tournament. We have absolutely no prize for you, but you do get some bragging rights and you can rub it in all of our faces to the next tournament next year.

James:

You know what? NCAA March Madness and the flip off, this is going to be a good six months. Yeah,

Dave:

The flip off if you haven’t heard, we’re also doing a flip off where James and I are flipping a house against Kathy and Henry and let’s just say we’re off to a good start. So we’re feeling pretty confident.

Kathy:

Yeah, I might be a loser on that one too. In second place. I mean I got second place on March Madness with Greenville, South Carolina, so I don’t know. Second place. That’s what I used to get in my ice skating tournaments too. It’s still a trophy. It’s so good.

Dave:

And also second place at a flip. You could still make a great return.

Kathy:

Yeah, it’s true. Just

Dave:

Hopefully slightly. I hope you guys just have one less than what James and I meant.

James:

Second place is First Loser. Kathy,

Kathy:

Thank you. Is that what you teach your kids?

Dave:

Alright, well good that we’re going into a competitive game now because now we all have our competitive juices going. So let’s just jump into our headline Royal Rumble. So Kathy, why don’t you tell us what your first headline is? I will tell what my first headline is and since there’s only three of us here today, James, you’re going to basically get to pick between the two of ours, what you want to talk about. So go ahead Kathy.

Kathy:

Okay. Mine is DeSantis signs bill to increase penalties for squatters and protect homeowners in Florida.

Dave:

Okay, so just so everyone knows, DeSantis is Governor Ron DeSantis of Florida and sounds like he signed a bill to increase penalties for squatters. Mine is delinquency rates on mortgages. So basically foreclosures remain unchanged year over year. James, what do you want to talk about?

James:

You know what, I have squatter problems in all different zip codes of Washington, so I really want to hear what Governor DeSantis is doing and I’m hoping maybe some other states adapt similar policies.

Dave:

I’m not going to lie. I want to talk about the squatter one too. I’m voting for yours, Kathy.

Kathy:

Well, it is interesting that you said that because Georgia just did a similar thing that Squatters Reform Act aims to give property owners more rights to evict those who have illegally taken possession of a home. This has been a big problem in Atlanta as well. I dunno if you guys know, but you probably do that. There’s a talker and undocumented immigrant who’s been kind of encouraging, I believe millions of people on how to squat and how to do it where the owners can’t get out. Unfortunately, New York and California aren’t on board yet. So a New York City couple just got sued by a squatter who took over their $930,000 property and they just can’t believe that the New York laws are supporting the squatters to be able to stay there and that the owners have to actually go to the point of suing. Now in California, the really famous one, I think you guys probably saw a LeBron James neighborhood, had a squatter move into a multimillion dollar mansion and they’ve just been throwing parties and having a good old time. Those people have been removed just recently, but it took a long time. So for some reason the law has really been on the site of squatters and it actually takes the states to come in and change that.

Dave:

So I just want to provide some context here because I was reading these articles last weekend and I was just sort of flabbergasted by the state of these laws and I just wanted to learn where squatters’ rights even came from in the first place. Why does this exist? And it actually goes back to the 18 hundreds and where the government was encouraging people to go west and to go settle the west, but it was super unclear who owned what back then. We might just settle down on this random spot and then 10 years later someone would be like, oh, actually I bought that land. And so squatter’s rights actually existed to protect those people who were going and settling the frontier and so that they couldn’t get displaced after they had created a home or they had created an entire town. But unfortunately, it seems like the laws have not really been updated now and instead of protecting people who it seemed genuinely had a claim on that property, instead we’re now seeing people who are intentionally trying to gain the system and get access to something that’s not theirs.

James:

I had no idea that that came from there. I just thought it was laws being passed rapidly. Being a Pacific Northwest investor, I have dealt with this for years and this has been very expensive on investors. It’s either you have to go through in Evictor or squatters out, which takes anywhere between four and 12 months or even longer in Washington or we write checks.

Dave:

Okay, Dan, that was our buzzer and I, to be honest, forgot that this was three minutes. I was just going giving a history lesson about the 18 hundreds. So we have hit our first headline in the headlines rumble show, but we do have to take a quick break, but stick around because we have more headlines going head to head after this. Welcome back to On the Market. Now we need to decide if we’re going to continue talking about this or move on to our second headline. James, you’re up for the second headline. So what is yours that you’re going to use to challenge the squatter conversation?

James:

Well, squatters are causing issues, but so our construction costs second headline is number one reason homeowners are dropping a bundle on renovations right now is because they really can’t afford to move with the interest rate. So they got to spend some money on their house to make ’em feel good. All

Dave:

Right, Kathy, you want to switch or stick with squatters?

Kathy:

I think we said what needs to be said, and I loved the history lesson. It makes a lot of sense. I could not understand why there were these squatter rights and I could probably talk about it for a long time, but I think we said what’s been said, which is states are starting to realize this and shift it mainly because it’s really become a thing. So yeah, I’m going to go with James.

Dave:

I’ll go with squatters. I got to hear what James has to say about squatters in Seattle. So James, now you’re the dying vote. You want to keep talking about squatters or go with your own headline?

James:

As competitive as I am, typically I want to win, but I want to talk about squatters.

Dave:

Okay, let’s do it. Let’s keep

James:

Going. It’s been a long five of squatter problems.

Kathy:

Oh my gosh. Okay. Yeah, let’s hear it.

James:

With these squatters, what we’ve dealt with is we have to cut checks many, many times during the pandemic, I cut over $75,000 in checks to tenants just to move them out. They refuse to pay and it kind of blows my mind that people can just move into properties just because they’re vacant and then make a claim. Because what happens to the Pacific Northwest is if they show any copy of a lease, doesn’t matter if it’s real or fake, they have rights and we have to go through and prove that they’re not tenants. And it’s very, very damaging to a lot of, not just big investors, but also small mom and pops investors. These are people that bought properties, have saved all their money, they put it into real estate to grow and they’re getting taken advantage of and it’s not fair. So I’m excited to see these laws changing. I think the common sense and the fact that they’re pulling back the 18 hundreds to try to make this stick, it’s just absolutely ludicrous to me. Yeah,

Dave:

I think it’s really important that squatters’ rights are not even meant to be tenant protection. That’s not the same thing. It’s not tenant’s rights. This is people who are illegally occupying a property. And I’m sure there are still some fringe cases where there are legitimate claims or someone’s lived there. There’s some confusion about it, I don’t know. But what we’re talking about here and what’s made the news a lot is people deliberately trying to basically steal a property temporarily, not titled they’re just trying to live in it for free against the landlord’s wishes. And to me, it just seems like what’s happening is a lot of these municipalities that haven’t changed their laws yet are trying to enforce or create affordable housing or tenant protections out of squatters rights when to me, they’re just totally different things. If you want to create tenant protections, that’s a different conversation that should be in place for people who have actually signed a lease, not someone who’s just basically trespassing on your property.

James:

I’ve had people move into my properties and paint the inside of the walls and redecorate a whole house, and we still had to go through that formal eviction process. I remember opening the fridge after we got inside and these squatters are eating better than I do. They have all whole foods, all organic. They had nice chopping knives out and I’m like, you know what? They have redefined what financial freedom is and we’re all chasing the wrong thing.

Kathy:

Oh my gosh. We had a squatter living across from us in Malibu, but it was a house that had been sitting vacant for a long time and we kind of all just became friends. They were just the squatters and we all joked about it. But then of course when the owners came and wanted their property back then they left. They probably didn’t know their rights as a squatter.

Dave:

All right, that’s our timer. And now Kathy, you to enter a new headline, what do you got?

Kathy:

Okay, mine is from housing wire and it’s what is the public actually getting for this 7 billion in housing subsidies.

Dave:

Let’s talk about that. That’s my vote. What do you say, James?

James:

Yeah, I think we’ve beaten the squatters. We got to see how it plays out. I want to know what’s in this funding package.

Dave:

Alright. And just for reference, we are are sourcing some experts to come on the show as a guest to talk about squatters so we can get some more details about these stories. So I think we’re going to hear more about that in the future. Kathy, we just gave Kathy the win. James, she won two headlines already all no second place for Kathy today

Kathy:

Makes up for this steak. I’m going to be buying you guys for losing the flip off. Alright, so this is a housing wire article and I definitely think that we should have bring an expert on this too because this is really interesting. Basically it is again, what is the public getting for the 7.3 billion in housing subsidies? The article goes on to say that a lot of people don’t even know about this, they’re not applying, it’s not being spread out the way it’s supposed to. So anybody listening, please go check out what kind of subsidies there are for homeowners. But what was really frustrating in reading this article and obviously for the author, is that because people aren’t using it or for some reason it’s not being marketed in the way that people even know about it. Are you ready for this? It’s flowing into profits. So it’s basically the money’s going into the private sector, not the public. And that’s frustrating. So I am not an expert on this. I think we should bring one on, but just want to talk about that kind of shocking. Right.

Dave:

Is this for one bank or is this for all subsidies or specific subsidies

Kathy:

Particularly? So this is the congressional budget office published a new report which for the first time in two decades put a dollar amount on the public subsidies that FHL banks receive. Okay. So it’s a federal home loan bank system. It’s made up of 11 regional banks that pass on discounted loans to their membership of banks, credit unions and insurance companies. Got it. So these are basically supposed to go to people who are trying to buy homes and it’s not going there. It’s going mostly to profits.

Dave:

Well that’s infuriating. Yeah.

Kathy:

So let’s get an expert on,

James:

We should get an expert on and break these bills down because I feel like the intent’s always good. We’re trying to make more affordable housing, which I do believe in school teachers, nurses, they can’t live in a lot of areas now on their income. I do feel like that needs to be solved, but the problem is they keep printing money and throwing money at it in the wrong ways. There’s so many different things that they could be doing to help subsidize example like building costs where they could bring down the cost of building, which is going to give you a lower basis and allow people to offer more affordable housing and they keep just kind of funding it and then not really showing the public on how to use it. And we know when money sits, it goes back in the pockets of the capitalists. A lot of times they know how to take advantage of it and the problem is the government’s not properly explaining or allocating, in my opinion, in the right spots.

Kathy:

Yeah, it’s extremely frustrating and it comes back to just really understanding the laws of economics, which really come down to supply and demand. So you can hand people money all day and all that does is kind of aggravate the problem because if you’re not building the supply,

Dave:

Oh my god, it’s so quick. You

Kathy:

Got to build the supply.

Dave:

So we do have some more headlines to enter the ring right after this quick break. Welcome back to the show. Let’s get back into it. Alright, well we can keep talking about it or we could talk about Blackstone because Blackstone says real estate prices are bottoming soon and that could be interesting information for all of us, small to medium size investors. So James, what do you want to talk about?

James:

You know what I love talking about money and Blackstone’s got a lot of it. So I think I want to switch over to Blackstone. I want to see what they’re doing because they’re smarter than I am and I like to follow their trends.

Kathy:

Yeah, me too. Let’s go with Blackstone. All

Dave:

Right, well the headline again is Blackstone’s Gray who is president of Blackstone. John Gray says real estate prices are bottoming. And to me reading between the lines here, it seems like what they’re saying is that they might be stepping into buying a lot more multi or single family assets, excuse me, or actually providing some financing for other companies to also be buying new single family assets. So I’m curious to see how this plays out and honestly, I’m just curious that they haven’t been buying this whole time. It says bottoming out. Most markets in the US are growing right now, so I’m not really sure what they’re waiting for.

Kathy:

Yeah, I mean when I read this article, I was really trying to understand what real estate they were talking about, and so oftentimes the word real estate is used, but oh my goodness, it’s such a massive asset class. Are they talking about office? Well, we know that’s bottomed out. It would be a great time to buy office if that was your thing and if there was demand, which may or may not be, but are they talking about single family? Are they talking about storage multifamily? What is it? And I don’t know about you guys. I couldn’t find that in here.

Dave:

That’s a great question. I probably assumed it was single family because they’ve been sort of vilified in the public sphere for buying single family home. But I think you’re right, it does actually just say generalized pricing, which would be interesting because if they’re calling a bottom to the commercial market, that would be the first major institution I would hear calling the bottom for commercial. Yeah.

James:

Well I think Blackstone is so huge and they have so much money and they invest in so many different types of asset classes. I think where I took away from this article was they feel like real estate’s going to do better across the board. And so no matter what, I think they’re going to be investing in all different types of asset classes if they believe it’s bottoming out. I know Invitation Homes is looking at, which is a section of Blackstone is going to spend over a 1 billion buying houses this year, single family. I also know that they’ve been taking back larger commercial projects as well. And so I think they’re just expanding across the board and as an investor, what that tells me is if the people with the big money they can make big waves are believing in real estate, it’s a good time to buy and lock down property because you don’t want to be jumping in with the rates high as pricing keeps elevating. I don’t want to compete against Blackstone with rates at 7.5% on a single family rental, not good. So if you can buy ’em now and it’s a good overall long-term investment, you could get a massive reward as this funding keeps coming into the single family space.

Kathy:

I was going to say, I can’t help but think that they’re also anticipating these rate cuts coming up by the end of the year and when you see rate cuts, it sort of fuels the economy and money flows into stocks in real estate generally. In that case

Dave:

That’s true. But now I’m curious if they’re even going to cut rates. That was one of the headlines I was going to put in here because PCE was high, but we won’t get into that. That’s a whole nother conversation. Doesn’t

James:

Look likely.

Dave:

All right, well we wrap that one up real nice. So maybe we’ll be moving on to James’s last headline. James, what is it?

James:

Last headline is White House HUD to announce rent increase cap for L-I-H-T-C units, which is affordable housing units.

Dave:

So that stands for the low income housing tax credit just for everyone as a heads up.

James:

Thank you for thoroughly explaining that, Dave.

Dave:

No worries. All right. I want to talk about that. I feel like we talked about Blackstone. Yeah, what about you, Kathy? Let’s do it. All right, James, enlighten us.

James:

So what has recently happened is the Biden administration has set to announce a new cap on how rents can go up in affordable housing units that are subsidized by the federal government. They did not go too much in depth on how much they’re going to be capping it at, but the big thing that I kind of took away from this is we know there’s a housing crisis going on. We know the government’s trying to figure it out, and now they’re kind of attacking the developers and going, well, now you can’t do this. And they want to keep their thumb on it. And what I really think is actually going to happen is it’s going to create a lot less units because as building costs are spiking, they’re doing nothing for the developers to create more supply. And if you’re capping your income potential, that means there’s no purpose in really buying these properties and developing ’em out as an investor would go buy these all day long if I can make a pencil, but if I’m capped out and my costs are rising and not only costs on the building side, but insurance taxes, there’s too many expenses hitting the developer and the property owners for us to be capped on our rent increases.

And so I believe this is a bad move. And again, they need to look at doing it, not just capping, but also how do you incentivize these developers to continue to build because the tax credits aren’t worth it. The math doesn’t work.

Dave:

Yeah, just to clarify, the proposal is to cap rent in these specific buildings. This isn’t like at nationwide rent control or anything, but the specific government subsidized the low income housing tax credit to cap it at 10% per year. So I think in normal years that’s very reasonable. A 10% increase in rent is really high, but obviously in recent years we’ve seen the years where it’s gone up 15% or 20%. And so for me, I feel like if you’re trying to accomplish something here by capping rent increases because these are government dollars going to low income people, why wouldn’t you just tie it to some barometer of inflation so that if insurance doubled in Florida like it did last year, then the people could adjust rents accordingly because their income was severely impacted. Coming up with an arbitrary number like 10% seems a little silly to me and not maybe the best way to achieve the desired outcome.

Kathy:

We have that in California. There’s caps on how much you can raise your rent. I am actually surprisingly for this because 10% is a pretty good amount. I see your point, Dave, that what if inflation was at 15% and if that were the case, we’d have bigger issues. Right, true. But generally we’ve had inflation around 2% and yet your rent could go up 10% and if that wasn’t there, you might have landlords raising it 20%. So I’m, I’m a fan of our law here in California that caps it because the landlord’s still going to do just fine with 10% rent increase.

Dave:

Yeah, that’s a good point.

James:

What they were saying was the amount of homes, this is really going to affect us around 2 million, which is not that much in the grand scheme of things, but for me it’s more the signs of there’s more government control across state and federal. It just keeps creeping its way into real estate and we have to pay attention.

Kathy:

Yeah, regulation is such a sticky thing. I’ve been to countries where there isn’t any regulation or even states like Texas, you can kind of build anything anywhere. So you could build a whole residential housing community next to a dump where there’s not the strict zoning that we have in California and then obviously in California where we’ve got a lot of beauty in nature, there’s regulations to protect that. And if that wasn’t in place, it wouldn’t be there. Developers would build. And so it’s always that fine line of how much is too much regulation and how much is what’s needed. It’s a fine line and that’s why there’s always arguments about it. But I try to say that’s what creates balance. You’ve got the opposing sides and somewhere we end up hopefully where the regulations are supposed to be. Like right now with squatters rights coming back, looping it back, this really wasn’t, it was probably an issue, but thanks to TikTok and a lot of ways that people can get information and education, there’s been a lot of education on how to squat, so this has become an issue and now regulations coming in that’s needed.

So I do believe in the balance that all the opposing sides end up in a balanced place, hopefully.

Dave:

Yeah, that’s a great point. I generally think sometimes they just come up with regulations, they come up with these arbitrary numbers and as long as it’s researched and make sense, I think there is a place for these types of regulations. Alright, well that’s it. We rumbled. Kathy, I’m going to just declare you the winner today. Thank you. Based on, I think I have that authority. Do

Kathy:

I get a steak dinner? Is that how this works? We’ll

Dave:

Get you a side, a side. Potatoes, asparagus,

Kathy:

Something. Yeah.

Dave:

Well, I assume we’re going to one of those fancy steak places where when you order, you just get the steak and then you got to get the stuff,

Kathy:

Then you got to get all the other stuff and dessert. Don’t forget that you

James:

Assumed correctly, Dave. We will definitely be going to that place.

Kathy:

I think we decided on Nobu,

Dave:

Not really steak, but they have Wagyu there so we can eat steak. They

Kathy:

Do. It is

Dave:

Good. Well, I don’t want to assume we’ve won yet. I am feeling good. I feel confident, but I don’t want to start gloating.

James:

I am not assuming we are winning, but I am assuming that I’m going to have the meat sweats in about six months

Dave:

One way or another, whether you’re peg or not, you’re going to have the meat sweats and, sorry. Yeah, we’re just riffing about the flip off. Although Kathy has one today. We actually have a formalized bet on this flip off, so we’re all getting very competitive about it. But in all reality, Kathy and James, thank you for bringing your insights and these headlines to the show. And thank you all for listening. We’ll see you next time On the Market. On The Market was created by me, Dave Meyer and Calin Bennett. The show is produced by Calin Bennett, with editing by Exodus Media. Copywriting is by Calico content and we want to extend a big thank you to everyone at BiggerPockets for making this show possible.

Watch the Episode Here

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In This Episode We Cover:

  • Squatters’ rights explained and why states are finally saying no to squatting
  • The massive homebuying subsidies that no one knows about (but should!)
  • Blackstone’s bet on a “bottoming” housing market and whether or not this means you should buy NOW
  • Affordable housing rent increase caps and why this may lead to even less affordable housing
  • The winning real estate market in our “Market Madness” bracket! 
  • And So Much More!

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Note By BiggerPockets: These are opinions written by the author and do not necessarily represent the opinions of BiggerPockets.

Squatters’ Rights, Rent Caps, and Blackstone Gets Ready to Buy

Agents React to NAR Lawsuit Commission Change

The NAR lawsuit changed the real estate industry overnight. Just like that, buyer’s agents were no longer getting their standard three percent commission, and many investors began imagining what buying and selling homes would be like without realtors. But is this massive NAR settlement as dramatic as the headlines are making it out to be? Is there really an agent exodus on the horizon, or is this just a way for the bad agents to exit the industry quickly? We brought on a panel of top investor-friendly agents to find out.

Joining us are four agents from across the nation: Avery Carl, Craig Curelop, Juliet Lalouel, and Mike Savegnago. All of these agents are affected by the recent NAR lawsuit settlement, but they don’t seem so shaken up. For many of these agents, this lawsuit simply thinned the competition, putting the expert agents back on top while showing the less-than agents the door. Plus, after the recent deals they’ve done, they’re not too concerned about a lack of buyer’s agent fees.

Today, we’re asking each of them their thoughts on the changes to the NAR’s rules, how this will affect buying and selling homes, what this means for real estate agent commissions, and what agents should do NOW to get ahead of the game. Plus, since our agent panel is all investors as well, they give some crucial advice on finding an agent in your area that will help you build your real estate portfolio even bigger.

Click here to listen on Apple Podcasts.

Listen to the Podcast Here

Read the Transcript Here

Dave:

Hi everyone, and welcome to the BiggerPockets Podcast Network. I’m your host today, Dave Meyer. If you’ve been following along the last couple of weeks, both on the BiggerPockets Podcast and our sister podcast on the market podcast, we’ve been covering in depth the NAR National Association of Realtors antitrust lawsuit developments. For those of you who haven’t been following, first and foremost, you can go listen to the episodes we released last week, which was sort of a factual accounting of the lawsuits, what the jury decided, what is in the actual settlement that a R agreed to last week. Today we’re going to be going into what happens from here, and while last week we talked to a reporter this week, we are actually going to bring in four experienced investor friendly agents to hear first and foremost their reaction to this news about the NAR settlement, what they’re doing today to modify their business, what they think might happen in the future, and how investors should be changing their approach to working with real estate agents.

We have a great lineup of guests today. First and foremost is Avery Carl, you might have heard her on the BiggerPockets or on the market podcast before. She’s a massive agent, owns a big brokerage in Florida called the Short-Term Shop. She also wrote a book on short-term rentals for BiggerPockets. We have Craig Lop, who’s an agent out of Denver and the founder of the PHI team. Next we have Juliette Lau, who is an agent working in both Hawaii and Denver. That sounds awesome. And she’s the founder of Heavy Realty. And last but not least, we have Mike Sgo, who is an agent out of Chicago with United Real Estate. And again, all of these are agents who work with investors, have a lot of experience in this industry and are going to share their thoughts and insights about the changes in the agent industry with us. So let’s get into it.

Dave:

Avery,

Dave:

Let’s start with you. In case any of our audience is unfamiliar or didn’t listen to last week’s show where we sort of went into the technicalities of the settlement, can you just fill us in on how commissions had traditionally been split prior to this settlement?

Avery:

So while there hasn’t been a set standard, because there is no standard commission, what has typically happened is when a listing agent goes to take a listing, they’ll say, Hey, Mr. Seller, typically we charge this amount and we will split it with a buyer’s agent. So a separate agent that is not affiliated with the listing agent who brings the buyer. Usually, again, there has been no standard, but it’s usually 50 50. A lot of times I think that the general public is the assumption that it’s always 6%. It’s not. It’s always been negotiable. And I do think that there’s a little bit of a misconception about what has been happening prior to this settlement. So up until now, it was required by the National Association of Realtors for a listing agent to offer some compensation, any compensation to a buyer’s agent. They couldn’t offer $0, but they could offer $1. And I think that a lot of people aren’t understanding that there have been agents offering $1 commissions or $500 commissions to buyer’s agents for decades, but the public has not necessarily known that. So I think that’s more what we’re dealing with here is public perception than what’s actually been going on out there in the real estate agent world up until now.

Dave:

Thank you for explaining that because I do think there is a lot of confusion about how things have worked traditionally, particularly for people who are new to real estate, never bought or sold a home before. And Avery, now that this settlement has been agreed upon, how will this change?

Avery:

I think it’s again, much more a change in public perception then it is a change in how things are done. And I think that now it’s going to just be a much more transparent conversation between buyer’s agents and their buyers at the beginning of the relationship and during the relationship than it has been before. Because up until now, their buyers haven’t really been in the conversation as much about what the commission being offered is. And so I think that there’s going to be a lot more transparency, a lot more conversations happening sooner in the transaction than there have been in the past.

Dave:

Okay, thank you for that background, Avery. Much appreciated. Mike, let’s turn it over to you. Do you have the same understanding of how commission negotiations will change as what Avery just said?

Mike:

Yeah, I think like she said, I mean it’s just going to be more awareness. And I recently have had clients start reaching out to me going, Hey, what does this mean for our transaction? Or what does this mean if I list my house? I think they’re just more aware now that they have options, things are negotiable, but honestly, I haven’t seen any of my clients do this 0% commission for buyers. They’re still like, ah, I think we’ll just do it like we have been doing. But I think that’ll change a little bit.

Dave:

Is there anything that you’re doing in your business proactively, Mike, to facilitate that change or are you sort of just waiting to see what happens

Mike:

On the buyer side in case a listing agent doesn’t have a commission? For me, I am having my client sign on my exclusive contracts that if in the event that a seller doesn’t pay my commissions, I am going to charge my buyer a minimum or a percentage. So yes, on my exclusive contracts, I am proactively putting that in the contract in case a listing agent doesn’t want to pay me.

Dave:

I hadn’t heard that. Is that something you came up with or is this something being adopted?

Mike:

Well, I’m in Chicago and my brokerage started doing that on our contracts and my association, so I think they’re just kind of proactively getting ready for this as well.

Dave:

All right. Well, Juliet, let’s turn it over to you. I’d love to just start by knowing how did you react when you heard about the settlement? Were you surprised?

Juliet:

I was a little surprised, but at the same time, I think I wasn’t sure which direction this was going to take. The entire market, how people were going to react in general was more, my concern was just how consumers, how people that don’t understand what maybe agents do, what their reaction was going to be. It was a little less on maybe how I was going to get paid, what my future was going to look like as an agent, but how just the public was going to handle this and how we were going to have to untie a lot of knots due to media misinformation or just people not understanding the process. So at first it was a little bit of confusion there, but as I have been just really driving into understanding all of this process better, trying to immediately make myself a better agent, whether I’m representing a buyer or a seller, I’m feeling a lot more confident even now, it’s only been a few days and that I’ve just been immersing myself.

And I think that that preparation and understanding of the entire process will give people more confidence moving through this change. Whether it happens or not, I mean, if this passes and goes through, it’s going to have to affect everybody, but if it doesn’t, it’s still going to affect a lot of people that now understand that it was always negotiable and that they don’t have to pay. And so how are we going to prepare for that now? And I think it’s just a matter of having knowledge and the more knowledge you have, the more confidence you have, and so that’s going to be really important.

Dave:

That’s a great perspective, Craig. I’d love to hear your opinion as well. What was your reaction when you heard the news?

Craig:

My first reaction when I ever hear a news article that just blows up is just like, wait three days and then kind of come back to it because I don’t like to fall into all the hype and the craziness that everyone is saying. And so I kind of did that. I waited a couple days and then I just realized it’s more hype than anything else. I think this buyer’s commission was always negotiable. Now the buyers just know that it’s negotiable. And so I think what Mike said and what Juliet said, I a hundred percent agree with is that you now just have to have those conversations upfront with your buyers, actually bring your value. And I think this is a wonderful thing for the industry and makes it harder, but it’s going to eliminate 50% of the competition and all of which are bad agents. And no one on this call is a bad agent, so we should be very happy about this whole settlement.

Dave:

So I want to get back to that idea of some people leaving the industry, but Craig, can you just tell us a little bit about logistically how is this going to work? So you start working with a buyer, what is this conversation going to look like?

Craig:

Yeah, so I think it just emphasizes the importance of the buyer consultation. I think a lot of agents maybe skipped that before, especially the inexperienced ones. And so now there’s going to be a more bigger emphasis that’s at least what we were doing with our agents on how to actually have a conversation with a buyer, sit down with them, run them through the process, explain the value and explain why they would be foolish to go unrepresented or to go with anyone else besides us and our team or whatever. And hopefully they understand that. And then of course, I think sellers are still, if they want to sell their house, they’re still going to offer a buyer’s commission and the agents are going to have to look at it on a deal by deal basis when they put an offer in, Hey, is the seller going to pay for the commission, are they not? And make sure they let the buyer know before they actually write the offer.

Dave:

Avery, did you want to jump in? Yeah,

Avery:

I just wanted to add to that because I recently was a seller where this came up. So we bought last year, we call it a fishing camp for my husband and the kids. And I guess for me, sometimes we live at the beach, so you can’t get me off the beach to go to a fishing camp, but to kind of hang out at, and we decided after six months, I think we bought a little too far away. It’s a little too much work. We kind of want to sell this thing. And when you go to sell land, the land asset class is a lot different from the residential asset class that we’re talking about. And so we interviewed a few agents and we picked the one that we liked the best to sell it. And when we got the contract to list the property, there was a clause in there that said he could choose.

He was not offering a buyer’s agent commission across the board. He was going to choose who would get what. And we were not need to sellers, we were not in a bad financial position. We had a need to fill, which all sellers do. They’re selling for a reason, not necessarily because they’re going to go bankrupt if they don’t sell this property, but our need was, oh, this is too far away, it’s too much, let’s get rid of it. And when we saw that, we said, oh, hey, you know what? We don’t like that. We want anybody’s buyers to anybody in the world who has a real estate license, like bring us your buyers. We want to sell this thing. We don’t want it to sit on the market so that we have to keep paying mortgages on it and just sit there if we can’t get it sold.

So he would not negotiate that with us. He said, if some agent that I’ve never worked with that I don’t know who they are, they’re a residential agent who doesn’t know how to do land, I’m going to pay them less than somebody who I do land with often. And we didn’t like that. We said, I don’t care whose Aunt Susie agent it is, we want their buyer if they’re qualified, we want them to buy this house from us. I mean this property from us. And we ended up not using that agent and going and finding an agent that was offering a decent buyer’s agent commission. He was offering 50 50 to anyone who brought a buyer because we wanted more buyers and we’re happy to pay someone’s agent to bring them to us so we can get this sold. And so I don’t think that all of a sudden all of the sellers in the country are going to say, oh, we’re not paying because you still want, I’m willing to offer other agents a commission to bring me buyers. I do have a need to get this sold even though it’s not necessarily a financial one.

Dave:

That’s a great point, and I feel for that agent because if I were him, I would not want to negotiate with you over an agent contract given your expertise. So we need to take a quick break, but when we come back more from these agents about their take on the NIR settlement and what changes they expect to see in the industry, stick with us.

Welcome back everyone. I’m here with Agent Avery, Juliet, Craig, and Mike talking about the NAR settlement. Let’s jump back in. Juliet, I’m curious, we talked a little bit, and you all seem pretty calm about this, I have to say, you read these things on the internet or social media and everyone seems to be freaking out and all four of you just have this calm demeanor. Juliet, do you think that’s universal across the industry or are people sort of like Craig said, maybe newer agents or less experienced agents, are they concerned about this maybe more than the four of you are?

Juliet:

I would imagine agents with less experience in general. No matter how long you’ve been in the business, if you haven’t been having these types of conversations or really been through these processes, you might be a bit more nervous because you’re not going to be as prepared. And there will be agents who will be more prepared, who understand how to have these conversations with their listing agents and with their sellers. There’s going to be somebody that’s going to be having these conversations already or has been doing them for years. And if you haven’t been doing them, you might be a bit nervous. I think that with what Craig was saying and what a lot of people are saying, there certainly are going to be a huge exit of agents, those people that part-time, the people that don’t want to do the hard work because it is going to be more work.

And some people don’t like that. And some people certainly thought that getting your license was super easy. All you have to do is open doors that is just a walk in the park. And that has never been the case, at least ever. For me, it’s always been extremely difficult one way or another, every transaction is different, and I think that a lot of people are certainly going to be bummed out that they now have to work harder. I’m actually more excited that I have to work harder, be better, be smarter, and some people are certainly not going to feel that way.

Dave:

Do you think that we’re going to see this sort of mass exodus of people, people say half NAR might lose two thirds of their membership. Do you think it could be that dramatic?

Juliet:

Honestly, I think it could be. I mean with just the way that rates are and just maybe there’s other job opportunities now that have been opening up for a lot of people, I think that it could be, I would hope that there would be a small glimmer of that number that actually proves to be wrong, where you have people saying, you know what? I’m not going to be part of that demographic or that percentage. I’m actually going to use this opportunity to make myself better and to do the work. I don’t know how many people think that way. I don’t know how many other people have other options. I myself have given myself no other option except for real estate. So it’s just one direction that I have to go burn the boats type of a thing, so there’s no exit. So it’s just going to have to make me better. And there might be other people that have another opportunity that looks better, is easier, is more convenient that they might go to. So we will see that over time. I’m a little thrilled, as Craig was saying, that if there are more agents, bad agents that leave, that’s going to be wonderful for everybody else that stays and for all of the consumers, sellers and buyers and investors, it’s going to be a benefit to everybody if fat agents leave.

Dave:

That’s a great perspective and love the book Burn the Boats. I was going to mention that after you were talking about giving yourself no other option if anyone wants to read it, great book about just sort of forcing yourself to find success in your chosen path. Highly recommend it. Mike, I think given how measured all of your approaches are here, I’m curious if you see that working with investors is going to insulate you a little bit or sort of change the prospect for investor friendly agents. And maybe it might be a little bit different for people who focus on traditional home buyers. I’ve sort of heard this line of thinking where some people are like, all investors are now going to stop paying a buyer’s agent because they’ve done this before. And if you’re going to do a lot of transactions, maybe it behooves them to learn how to do the transactions and they’re going to do it themselves. I’ve heard that I’m an investor, I have no interest in becoming a real estate agent and I will always use real estate agents, but I hear sort of these contradictory ideas and I’m just curious if you think that investors are working with investors may fare differently as an agent in the future.

Mike:

Yeah, I mostly work with investors and I think you can’t just put ’em all in one bucket as what kind of investors they are. A lot of investors who have full-time jobs and they really don’t know much about construction and distressed properties. So they heavily rely on me, who is also a general contractor back in the day to actually look at a distressed property and go, Hey, foundation’s gone. You don’t want this one And look at another one, go, Hey, it’s just cosmetic 20 grand. You’re going to gain 50 K equity. So I think working with those type of investors, they’re still going to see our value and they’re going to want to work with a buying agent because we’re bringing value and they don’t have time to go look at 30, 40 deals. They just want you to bring them the good deal that makes sense for their situation. So no, I think investors are still going to want to work with buying agents and I mean, I’ve had multiple situations where listing agents were changing leases or updating leases that were under market and I found it during the closing process, stuff like that. And so we always have to keep what they want part of what we’re doing. And I think that’s the importance of buyer agents.

Dave:

Well said. Avery, did you want to jump in?

Avery:

Yes, yes. So what I wanted to clarify is that there’s always going to be those FSBO type people out there that are doing for sale by owners or the type of people who are going direct to listing agents and aren’t using buyer’s agents. You’ve never had to use a buyer’s agent. It’s not like all of a sudden you don’t have to use one. But an example that I want to give is we had a very, very large hedge fund that if I name it, everybody would recognize it, client listing client earlier this year that they bought a couple years ago, and they’re going to sell quite a bit of their portfolio and they went direct to listing agents because they’ve got data that none of us could ever hope to even see. They’ve got unlimited money and unlimited access to data, and they bought several short-term rentals in a few of our markets.

And what happened was there were things that needed to be disclosed about these properties. The septic systems specifically where the listing agent on these was from out of town and did not properly disclose that these five bedroom properties, there’s two of them were on one bedroom. Well, in that market you have to list a property according to the number of bedrooms the septic is rated for, which is one, but they were both listed as five bedroom properties. They bought these properties and when they came to list them with us, we had to unfortunately let them know, Hey guys, you don’t have two five bedrooms. You’ve got two one bedrooms that we now have to list as one bedrooms. You bought them as five bedrooms. And of course I would not say this to them, but any good buyer’ss agent in the market would’ve known like, Hey, we need to check this out.

This needs to be disclosed because now they’re in a bad situation and that a coupled with a few other things, they’re going to be down about a million dollars across this portfolio because of these very data-driven decisions that they didn’t have that qualitative information of a local expert to tell them, Hey, we don’t need to buy this, or maybe we need to look elsewhere. So the people that aren’t using agents are just not going to use agents. Those people have always existed, but the value of using one to help you not make those million dollar mistakes that a Wall Street Fund that has, like I said, access to everything we could never dream of having from making million dollar mistakes.

Juliet:

So I think another thing to think about when investors in the conversation of having investors use buyer’s agents, sometimes investors don’t see things in the eyes of the buyer. They’re going to just be seeing things strictly as numbers they’re going to be seeing. They don’t see what someone is going to want to appreciate in a home, what the neighborhood is really like. They’re just coming it with the numbers and how they’re going to make out afterwards. And having a buyer’s agent that can understand what a consumer actually wants and having those viewpoints is really valuable that sometimes they don’t have. Some of them have that and they’re really, really good. They might not need agents as they’ve saying, but there are going to be some that do want someone’s input and are going to want that expertise that they might not always think about or have. Just having an extra set of eyes is going to be very helpful for them.

Dave:

Craig, I’d like to get your take on this investor thing. Do you think that differentiating yourself as an investor focused and investor friendly agent is going to change the way you navigate this upcoming shift?

Craig:

Yeah, so I think it is great to focus on investors, but I think one thing that I’ve kind of been thinking about even the last couple of years as just the market has changed, not even just with this whole NAR settlement, is that I think it’s silly to just have one kind of customer because then if the investors go away for some reason, your market now you’re totally severed, you don’t have anything else. So we’ve been pivoting as well, getting more into the residential space as well. Of course we’ve still got our investor arm, but we’re doing a lot more with just traditional people buying homes and stuff like that. And so one thing I wanted to add to the previous conversation was there’s a reason why there are people out there that are full-time investors and full-time investors that aren’t agents and full-time agents that aren’t investors. They’re two completely different things. And to think that one person can do the other as well as it’s like saying an electrician could do the same job as a plumber. They both know how to work on houses, but they’re two totally different things. And so I think that you might see some people try to do each, but Avery just brilliantly pointed out, they might catch themselves with some massive losses by not having a trusted professional doing the correct side of the transaction.

Dave:

We have to take one more short break, but we’ll be right back. Stick around. Welcome back to BiggerPockets. Let’s get back into our conversation. So Mike, let’s start with you. I’d like to turn the conversation here a little more towards advice. So Mike, if there’s an agent out there who’s maybe newer or is feeling uncomfortable, uncertain about the upcoming changes in the industry, what advice would you give them? What should people be thinking about and doing right now?

Mike:

I think just transparency is going to be super important upfront and telling your clients or potential clients, Hey, there’s this issue going on right now. Things are kind of pretty negotiable right now. And just kind of being upfront about what the options are, what the benefits of those options are. As we talked about before, yeah, you could not pay a buyer’ss agent, but who’s going to come see your house if you’re not paying ’em? So go over those options, let them decide. And I think protecting yourself too with the contracts that you have with minimums saying, Hey, if someone, the buyer agent or the seller agent doesn’t want to pay us, I have to charge you at least four grand or whatever for my time of driving around and helping you assess these properties, et cetera. So I think just transparency and trying to protect yourself as best as possible.

Dave:

That’s great advice. Avery, same question. How would you counsel an agent right now?

Avery:

So my advice would be just to chill out and wait and see. The real estate industry is incredibly slow moving. Wait to kind of see what happens. And we had a really perfectly timed thing happen yesterday and today just in time to talk about this on the podcast. So we on the buyer’s side had our first buyer who wanted to buy a property, make an offer on a property that was offering 0% to a buyer’s agent. And so our agent let the buyer know, they went to the seller, to the listing agent, said, Hey guys, we want to make an offer. You guys willing to pay a buyer’s agent? They said, just submit the offer. So we put everything in and said, okay, you guys are going to pay the buyer’ss agent X amount. The seller said, I’m not paying a buyer’s agent, period. I’m not paying for that.

We’ll let the buyer pay for that. So we go back to the buyer and we said, Hey, you know what? Seller doesn’t want to pay, so we’re going to have to figure out how do you guys want to move forward with, we can’t work for free, so if you guys want to move forward with this deal without us, you’re welcome to do that, or we can figure out a way for you guys to pay the buyer’s agent fee, whatever that is, we’ll work it out or what do you want to do? And the buyer said, I don’t want to buy this house, but we’ve been working with you guys for a year. Let’s go find something that works where they are offering one. So we said, wow, okay, we’ll go find you another one today. That same seller called back and said, Hey, actually we will pay you submit the offer because we weren’t going to offer at all.

So I think that that kind of illustrates the point of if you just really, really want, there’s going to be those people regardless. The people who are going to go direct to a listing agent who don’t want to use a buyer’s agent. Those people have been out there forever and they do it that way. And then there are also the for sale by owner people who don’t want to pay an agent at all that have been listing that way for decades. So nothing is really changing that much except the conversation that has to be had around it.

Dave:

Well, thank you for sharing that story. That’s super interesting. I was wondering how quickly this was going to start happening, and it sounds like these kinds of things are already happening, but maybe it’s just this temporary turmoil here and it sounds like the seller and their agent sort of figured this out and were able to find something agreeable in just a couple of days.

Juliet:

I just wanted to add something on that, on what to be saying to either new agents or just people that are worried about what’s going to happen next, whether or not this goes through. I think the best thing is to just take this as an opportunity to just improve yourself now, just to be a better buyer’s agent now and really just understand the entire process and start educating people today. Just use it no matter what happens as an opportunity to just become better. Now.

Dave:

That’s such a good point too, because buyers are probably also wondering about what’s happening. And as Mike said, and as you said, Juliet, just being transparent and helping them understand and show that you have nothing to hide and you’re trying to navigate through this situation with them, I’m sure we’ll build a lot of rapport and trust with your clients. Let’s turn to the investor side of things, Craig, if you were an investor who’s trying to figure out how to navigate this situation, is there anything, if you were buying a new house, is there anything you would be doing differently or questions you would be asking your agent? Right now?

Craig:

I think this just really emphasizes the importance of using a good agent because effectively now the buyer, the buyer always paid for it, but now everyone knows that it’s negotiable, so it seems a little bit more seriously that the buyer’s paying for it. And so I think you need to ask just some serious questions about, Hey, agent, do you have any investments yourself? How can you help me? Do you have contractors? Do you have all of the things that you’re looking for to investor friendly agent? You’ve just got to make sure to ask the appropriate questions to make sure that you’re getting the best value for the agent. I don’t think you can use your uncle anymore just because he’s your uncle, and I think that’s going to be really the biggest thing.

Mike:

I was just going to add to that, and I think Craig, it’s important that yeah, you do have a realtor who has the experience of houses that you’re trying to buy. I mean, there’s so many times I’ve run into realtors who are selling houses. They don’t even own a house. I call ’em real estate agent posers. How are you going to sell houses to people when you don’t even have one yourself? And not to try to get on people who are not in a good situation, but if you’re in this profession, and especially if you’re working with investors, you should have an investment portfolio to work with those I do. So I can say, Hey, this is how an Airbnb property works. This is how a short term or long-term rental property, this is how a multi-unit works. I have those properties to share with my clients, and that’s what I think makes me a good agent for those types of clients. And so I think finding those types of realtors is going to be really important for investors moving forward.

Dave:

That’s great advice. And as someone who’s not an agent me but has interviewed dozens and dozens of agent, it is so obvious when you meet with an agent who knows what they’re talking about and has worked with investors before, and ones who really are just trying to sell you on the home buyer dream home kind of thing. And I think the more that you can talk about numbers or talk about your own personal experience, the good and the bad, I personally love that when agents tell me, oh, I had this bad experience, or I used to recommend this contractor, but it didn’t work out because that’s just the business. That’s just how it works. And the more transparent you can be and more you can show that you understand the things that real estate investors are thinking about, the better you’re going to be. Before we go, Avery or Juliette, do either of you have any thoughts or advice that you want to give to investors?

Juliet:

I would say to investors, just keep in mind the value that some of these agents are really bringing to you, and if there’s some that are not bringing value to you, really kind of interview others who can really help you through the process, whether it’s finding off market deals or negotiating really strongly for you, or when it comes to the sell side, really representing you very well and being able to find a great buyer’s agent and compensating that buyer’s agent appropriately. It’s going to be a really good time to just focus on who can serve you best and really just have a better interview process. To what Mike was saying earlier,

Avery:

I agree, just making sure that you’re asking the right questions of every agent and not just going with the first agent that slides into your dms because you went on a Facebook group for the market, you want to buy in and said, I’m looking for an agent. Make sure that you interview everyone and ask the right questions to make sure that they are the best value, the best person to do the job for you.

Craig:

I think the process might slow down a little bit, right? I think before you could hop on BiggerPockets, get an investor from the agent, go see a house that afternoon and put under contract now the buyer’s agents, and just to let all the buyers know is that it’s going to probably be a little bit more like, Hey, there is going to be a buyer’s consultation. They are going to actually show you the value that they provide so that you will then sign an exclusive right to buy and commit to that person before going to see that house. And so I think those days might be past us where you can get into houses in 30 seconds.

Dave:

Well, that sounds like another maybe good side effect silver lining thing here, that if it forces you to really talk, interview your agent and pick the best one that’s probably best for agents and investors over the long run.

Avery:

Yeah, should have been doing that anyway.

Craig:

A hundred percent.

Dave:

Yes. We definitely should have been doing that anyway, but if this is a reminder and we’ll force people to do it, maybe it’s just the kick in the butts some people need. Alright, well, Avery, Mike, Juliet, Craig, thank you all so much for being here. We really appreciate you sharing your insights, your expertise in this somewhat confusing but interesting time in the real estate investing industry. We hope to have you all back sometime soon so we can hear about how things actually play out over the next couple of months.

Avery:

Awesome. Thanks a lot.

Juliet:

Thanks. Thank

Craig:

You. Thanks so much, Dave. Good to see you.

Dave:

Thanks again to the whole crew that was here for sharing their insights and information here. I was genuinely surprised about how calm everyone was because if you go on social media or anywhere really right now, you see these headlines that are like, everything’s going to change. And I have to admit, there have been times where I’ve thought that this is going to be a huge, pretty monumental shift in the whole real estate industry and what we don’t really know what’s going to happen, we’re going to have to see how things played out. I found the conversation that we just had a bit reassuring to hear that real estate agents are still finding ways to add value and to be beneficial to transactions for the people that they work with. And I just generally agree with this sentiment that a lot of them shared, which is that if you’re good at what you do and if you pursue excellence and you add value, that there’s always going to be a place for you.

Even that’s true in the real estate industry. It’s true as an agent. It’s true in almost any industry. So I really appreciated that input from all of our guests here today and hope that it’s true for real estate agents. So I’ll leave you all with that. Always try to find ways to add value, whether you’re an investor, an agent, or anything else. And if you do want to meet an investor friendly agent like we talked about today, you can always do that for free at biggerpockets.com/agent Finder. Just put in a little information about yourself and you’ll get matched with an investor friendly agent who can help you with your next deal. For BiggerPockets, I’m Dave Meyer. Thanks for listening on. The Market was created by me, Dave Meyer and Kaylin Bennett. The show is produced by Kaylin Bennett, with editing by Exodus Media. Copywriting is by Calico content, and we want to extend a big thank you to everyone at BiggerPockets for making this show possible.

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In This Episode We Cover:

  • The NAR lawsuit explained and what it means for real estate agent commissions
  • A “huge exit of agents” and how this could change the real estate industry forever
  • What to do when a seller offers you or your buyer’s agent a zero-percent commission
  • What real estate agents need to start doing NOW to ensure they still get paid
  • The key signs of an investor-friendly agent that any landlord should be looking for
  • Massive downsides of buying or selling without an agent (it will cost you…)
  • And So Much More!

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Note By BiggerPockets: These are opinions written by the author and do not necessarily represent the opinions of BiggerPockets.