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Distressed Home Q&A Recording – December 17, 2021

For your ease, we have provided a transcript of the Q&A Recording.

Hey, this is Evan with Meli, home buyer, brokerage and consultant. We specialize in fixing title issues such as probate, liens, code violations, judgments, things of that nature. We’ll help you fix those issues, whether it be through making an offer on the property, brokering, or consulting.

We provide various services, so if you’re facing any of these issues, you can come to us. We can fix the probate issue and then either broker the house or make you an offer depending upon what your situation is. This is our monthly Q&A for the month of December. We’ll go through various questions that we have received and, let’s go ahead and get started.

1. What can Meli do for me?

Depending upon your situation, we can help you get through title issues or various issues with your house. Whether you’re looking to sell it or just fix the issues, we can be of help as a consultant, or as a broker or home buyer. We specialize in probates, title issues, disputes, judgments, liens, things of that nature. So if you have any of those types of situations, we can definitely help you.

2. What does it mean to sell a house to a cash homebuyer?

Simply put, it just means selling your house to an investor that’s going to pay in full for your property. Instead of selling a property to a retail buyer taking out a mortgage, you’re selling to an investor paying cash. The difference is that your property is going to have to be up to certain standards and conditions for the buyer of that property to be able to get a loan. Retail buyers will be unable to get a loan if the property is in a distressed situation. That’s really what it means, just selling to an investor that’s paying cash for your property, as-is, no contingencies.

Read More: What is a Cash Buyer in Property?

3. How can I sell my distressed house?

The easiest way is going online and looking for investors and homebuyers in your area that are actively buying properties. Then, find reputable companies with valid reviews. That will give you a good idea of the people you want to work with. Getting multiple offers from reputable companies is a good idea. Just because someone makes you an offer doesn’t mean they’re going to close. A lot of people make offers and they never close, and that’s a problem for the seller.

Read More: What Does “Distressed Property” Mean?

4. What’s the best way to sell a house that needs work?

Similar to the last question, the easiest way will be to look online and find the most reputable investors. Then, get offers from them and go with the most reputable offer combined with, hopefully, the highest purchase price. You’ll often find that the highest offer isn’t always a reputable investor. It’s likely someone that is actively trying to get properties under contract to try to resell them and if they close, great. But if they don’t close, they’ll just leave the seller hanging.

Read More: How to Sell a House That Needs Repairs

5. Is it possible to sell a house with a tax lien?

We’ve bought houses like that. It can be a problem. Most people won’t buy properties like that. We will buy properties with tax liens and code violation liens. It just depends on your situation. Tax liens are often paid before closing because they’re not that large, maybe $1,000 or up to $10,000 or $20,000. It’s not huge amounts, so a lot of times those will be paid at closing.

Read More: Can You Sell a House With a Lien on it?

6. How does probate work when you’re selling a house?

It can vary from case to case. Let’s say you had a relative pass away and you inherited the property. You’re going to have to take that property through probate. You can go ahead and get the house under contract. An investor can put it under contract while you’re going through probate, and you can feel very confident that the house is going to sell. Then you can take it through the probate process.

But, there are also companies like Meli; we will actually help you through the probate process. We have attorneys that we use because we do dozens and dozens of probates. And we’ll actually take the house through the probate process with you. We’ll handle all the work with our attorneys and just have you sign various documents that need to be signed. Then, we’ll go under contract with you on the property, and whenever the judge approves the sale of the property, we’ll move forward with the sale.

Some buyers will help you with the probate, some won’t. Some will want you to go ahead and do it, then when you’re through the process, they’ll close. So, it just depends on the buyer.

7. Can you sell a house before probate?

Technically, no, because you don’t own the property yet. In probate, the municipality and a judge determine whether you and other potential heirs are the rightful owners of the house. There can be a lot of disputes with inherited property. Someone may think they own the house, but they don’t, which I’ve seen before. The judge will determine who owns the house, and once they do, you will rightfully be able to sell it.

If you wanted to “sell the property before probate,” you would do what’s called a Quick Claim deed. With this, you technically aren’t really selling the house, you’re selling your interest in it. Technically, you have no interest before the probate, but it can be done and it’s a way to do it. You still have to take it through probate, but you technically can sell it before probate by selling your interest. When the judge says, “You’re the owner of this property,” I’ve already bought your ownership of the property before that point, so I’m the rightful owner. But that’s a different way of doing it. We would only do that in really complicated situations, but it’s not something that we have done very often. Typically, just going through the probate process correctly is the best way to go.

Read More: Selling a House in Probate in Florida

8. Is selling a house with code violations possible?

Of course. We buy houses with code violations and code violation liens. It’s not that difficult to do. You essentially have to do what’s called a Hold Harmless. This essentially says, “I know there’s code violations on this house, but I’m going to close on it anyway.” Then, the title company and the title insurance will say, “We do not insure this item and the buyer is aware that this item is here, and he takes all the risk.” We’ll absolutely do that.

A lot of times similar to the tax liens, you can pay them before closing, but not always. We’ve closed on properties with hundreds of thousands in code violation liens and had to clear those up after the fact and it took six or eight months to fix it. But, that’s part of what we do.

Read More: Can You Sell a House With Code Violations?

9. Can I sell my house to avoid foreclosure?

In theory, yes, assuming that you can sell it for a price that is equal to or more than the foreclosure amount. Let’s say you have a mortgage for $100,000, and the house is worth $200,000. We would come to you and say, “We’ll buy for $200,000.” Then at closing, we would pay off that mortgage and you would walk away with the other hundred. So, it’d be $200,000 minus $100,000 and that would get you out of foreclosure.

But if it’s, let’s say, the exact opposite scenario, where your house is worth $100,000, but you have a loan for $200,000. Then you have what’s called a Short Sale, and the bank would have to approve it. It’s a long process and complicated, but it’s doable. That would take some time to understand what you’re going through to see if we can help you.

Read More: Can You Sell Your House Before Foreclosure?

10. How can I resolve my home’s title issues?

I would recommend talking with an attorney and companies like Meli that have experience in title issues. We can walk you through what’s going on and see how difficult it is to figure out those title issues. In a lot of scenarios, we can fix them. Again, I recommend an attorney and speaking with a consultant of sorts, or a home buyer that’s experienced in title issues. Some homebuyers are, but not all of them are. That’s what we specialize in at Meli, so we could definitely help you with your situation.

Read More: How to Resolve Title Issues on Your Home

Wrapping Up

As always, thank you very much for listening to our Q&A. Our number is 407 305-5008. You can also go to our website, MeliHomes.com and answer a couple of questions. We’ll reach out to you to see if your property or situation’s a good fit and see if we can help.

Just to reiterate, Meli is a homebuyer, brokerage, and consultant in Central Florida. We take care of title issues, probate, liens, code violations, things of that nature. Feel free to give us a call or visit us on our website. Thanks, guys.

This article is meant for informational purposes only and is not intended to be construed as financial, tax, legal, real estate, insurance, or investment advice. Meli encourages you to reach out to an advisor regarding your own situation. Please consult with your advisor when making legal or financial decisions.

Are You Selling Property With a Lien?

Are you selling property with a lien? Property liens can make selling your home challenging but not impossible. Liens are placed on your home if you have outstanding debts. It gives the right for a creditor to take ownership of part of your property until the outstanding amount is repaid. 

Learn about the common types of liens placed on properties, how to discover if a lien has been placed on your home, and how to resolve a lien so you can sell your property.

Common Types of Liens

Home liens can be voluntary or involuntary. For example, if the bank takes out a lien when they advance a borrower a loan for a mortgage. This is a type of voluntary lien. 

However, a creditor (usually a financial institution, government agency, or contractor) can file a lien with the local or state court to receive recompense if the debtor (the homeowner) defaults on their financial obligations. 

There are several common types of liens placed on homes, including:

  • Homeowners Association Lien

If your home is part of an HOA group, and you have failed to pay your dues or broken the terms of your HOA agreement, the HOA can place a lien against your property. 

For example, if your HOA agreement states that you may not remove trees from your property and you cut them down, you can be fined per tree. A lien will be placed on your home until the debt is repaid. 

  • Material Man’s Lien

One of the simplest liens to resolve is a material man’s lien. If a contractor has worked on your home within the last 90 days and has not been paid, they can petition the court to place a lien on the home until they receive the outstanding amount.

  • IRS Lien

The most serious lien is a tax lien from the Internal Revenue Service (IRS). Tax liens can be placed on homes due to unpaid federal taxes. 

  • Department of Revenue Lien

A Department of Revenue lien is another type of tax lien. It can be placed on your home if you have failed to pay your state taxes.

  • General Judgement Lien

A creditor takes out a general judgment lien if a court rules that a debtor has not fulfilled their financial obligations to the creditor. For example, an ex-spouse can take out a general judgment lien on the home to receive payment for outstanding child support.

financial calculator with pieces of paper and a pen on a desk | selling property with a lien

How to Discover if There is a Lien on Your Home

You generally won’t be notified if someone has put a lien on your home. However, you may be sent frequent outstanding payment reminders, Final Warning notices, or a notice that legal action has been taken, which could indicate that a lien may be placed on your home if you don’t fulfill your financial obligations. 

If you suspect you have a lien on your home and plan to sell, you can easily discover what type of lien is in place. Liens are a matter of public record. So you can find out whether you have a lien on your home by checking with the county courthouse and asking the clerk to search for liens on your property. 

You can also contact a title company and pay them to prepare a report on any liens on your home. Your home’s mortgage provider may also be able to discover if there are any liens aside from the voluntary mortgage lien. 

How to Resolve an Outstanding Lien

Once you discover a lien on your property, there are several steps you can take to resolve the lien before selling. Ideally, you will pay off the lien before selling or dispute the lien to have it removed. If these methods do not fulfill the lien requirements, you may have to pay it off using proceeds from the sale of the property.

  • Pay off debts if possible

If you have funds available, pay off the lien or liens before selling. Once the lien is fully paid off, it will be removed from your property’s title deed after a specified period. 

  • Take out a loan or bond

If you lack the funds to pay the lien outright, you can apply for a loan or take out a bond to pay the lienholder. Keep in mind that this option puts you in debt to an additional creditor, and you’ll need to repay the amount at a later date. 

  • Attempt to settle the lien

If you cannot afford to pay the lien in full, you can attempt to negotiate a partial release of the lien, or in the case of how to remove a tax lien, apply for an Offer in Compromise. 

If accepted, the Offer in Compromise allows you to pay back the IRS a lower amount than you owe, effectively removing the lien. The IRS releases liens electronically to the county where the lien was initially filed.

  • Find a buyer

Where you cannot afford to pay off any or part of the lien and negotiations are unsuccessful, you may need to find a buyer for your property. This can be challenging because many buyers and realtors don’t want to deal with the complexities of closing on a property with a lien on the title. 

Working with a company that specializes in buying and selling distressed properties and homes with tax liens can help make the process quick and simple. If you’re selling property with a lien in Orlando, book a consultation with Meli to see how we can help.

  • Dispute the lien

In cases where you do not believe the lien was applied to your property fairly, you can dispute the lien to have it removed. You can do this by recording a Notice of Contest that shortens the lienor’s time frame to foreclose on the lien to 60 days from the time of serving notice. 

If the lienor doesn’t file a suit to enforce the lien within the 60-day period, the lien is automatically extinguished.

  • Use proceeds to pay off the lien

Once you’ve sold your home to an interested buyer, you can use the funds from the sale to pay off creditors or tax authorities with liens on the property. When selling a property with a lien, you’ll need to organize this repayment on time so you can ensure the liens are removed from the title before your closing date. 

two men standing in front of a for sale sign closing a deal on a house | selling property with a lien

Work with Meli to Sell Your Home

Homeowners in Orlando, FL, and surrounding areas with liens on their homes can seek help in selling their distressed property through Meli. Our team specializes in buying, listing, and helping you sell homes with tax liens and any issue complicating a sale. 

We understand that sometimes you need to sell a home fast to pay back creditors or satisfy tax authorities. That’s why we promise to close on your home within 30 days if we decide we’re a good fit for your needs following the initial consultation. 

To schedule a call today, contact us at (407) 305-5008 or fill out our online inquiry form. 

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What is a Probate Sale?

When managing an estate in probate, you need to settle the estate’s debts, taxes, and expenses before you can start dispersing assets to the beneficiaries. This is relatively easy if there is enough cash on hand. But, when there isn’t, you may need to explore a probate sale of real estate to raise the necessary cash.

If you are the executor of a will in probate court and have real estate to sell on behalf of the beneficiaries, you may wonder if you can sell a house before probate is completed. In most cases, the answer is yes. However, you need permission from all the beneficiaries and approval from the probate court before the sale is finalized.

What is a Probate Sale?

If you’re new to selling distressed properties, you might wonder, what is a probate sale, and how does it differ from a traditional deal? 

A probate sale occurs when you sell real estate on behalf of an estate in probate. The home enters probate if the property isn’t deeded to anyone. More specifically, through a living trust, quitclaim deed, or other estate planning documents. If you act as the executor of the will, you can sell the real estate to pay the decedent’s debts, taxes, and expenses, or sell the home and divide the cash between beneficiaries.

overhead image of a neighborhood and different colored roofs of those houses

Options for Probate Sales of Real Estate

Several avenues for completing a probate sale exist, so as the executor of the will, you’ll need to determine which option best suits the situation and all beneficiaries.

  • Hire a Realtor

Here, the sale proceeds through the real estate selling process like it would if you were selling a normal home. 

When dealing with the stress of executing a will, it can be tempting to go with this option. However, in a probate case, it may be one of the more complicated options.

You’ll need to hire a realtor specializing in probate cases since the realtor must follow complex legal statutes. A realtor who isn’t familiar with these statutes may inadvertently endanger a sale by forgetting to file the appropriate paperwork. This ends up costing you money and scaring away potential buyers. 

A probate sale requires the approval of the probate court before you can finalize any sale. This means adding another potential snag to the selling process. Even in the best of circumstances, a home sale can fall through due to unapproved financing, an unfavorable home inspection, an appraisal that doesn’t match the offer, any contingencies on your end, or even a closing date that doesn’t meet the buyer’s needs. Adding waiting on a court to approve a sale to the list is a risky decision. 

Because courts move slowly, waiting for approval by a probate court adds more time to your sale. With most buyers looking to close on a home in 30-45 days, adding 30-45 days for the offer to be heard in probate court makes the house less desirable to potential buyers.

You may also lose money when using a realtor since you will need to pay the agent’s commission. Also, remember that savvy home buyers want turnkey homes. This means they’ll want to negotiate down if the house needs repairs, which many probate sales need. You’re either left paying for the repairs, or the buyer will want a lower sale price to cover those repairs.

  • For Sale By Owner

You can also opt to save yourself the real estate agent’s commission, which is generally 6% of the sale, by selling the home yourself, but that comes with its own set of potential pitfalls. 

In addition to not knowing the ins and outs of probate sales statutes, you lack access to many of the resources a real estate agent would have. For example, real estate agents have access to the Multiple Listings Service (MLS), a database for real estate listings that allows them to share the listing with other realtors. Without access to this database, you won’t get as much traffic to the home you are trying to sell. This means the selling process takes longer, or you are forced to accept a lower offer.

Serving as your own realtor also involves time you may be unable to commit since you are already executing the will itself, which, on average, takes about 570 hours of work. Consider whether you want to dedicate time to market, set up open houses and home tours, negotiate with potential buyers, and complete the necessary paperwork.

man sitting at a desk and writing on a piece of lined paper with a pen
  • Work With a Home Buyer Like Meli

Selling a house in probate the traditional way adds an unnecessary layer of stress that disappears when you work with a home buyer like Meli. We can buy your house outright or help you list and sell quickly. 

Selling to Meli offers a faster turnaround than traditional sales because no financial institution is involved. That means there’s one less opportunity for a potential deal to fall through due to buyer financing. Meli also offers closing within 30 days so you can get paid faster.

Selling to a home buyer like Meli also saves you money on the sale. We can buy the probate property as-is. This means you won’t have to pay for any inspections, repair costs, or risk a lower sale price to a homeowner who wants to save cash to complete the repairs once they take possession. In addition, we will cover your closing costs, and you won’t have to pay a real estate agent’s commission. Our offers are no-obligation, quick, and convenient.

When we don’t make an offer on your distressed property, you can count on our services for listing your home and selling to a non-traditional buyer. We’ll help you find the right solution! 

Changes in property boundaries, easements, and right-of-way issues can cause defects in the title. You should have your property surveyed to check for any title problems so you can manage them before listing. 

Choose Meli for Your Probate Sale

We know the probate process is complicated. We try to make it a little less stressful through no-risk, no-obligation offers for your probate property. Call Meli to request a consultation if you are considering a probate sale in the Orlando area. All you’ll need to provide is a few answers to some questions, and we’ll get the process started for you.

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