ARV: The letters ARV stand for “After Repair Value”. ARV is the market value of a property after all repairs and modifications are completed to its best possible condition.

The goal of calculating the ARV is to decide on an expected price that a home can sell for after a full renovation is completed. Investors often work backward from the ARV in order to decide what a property is worth in its current condition or its “As-Is” Value.

Real estate investors calculate ARV by analyzing the latest real estate sales and market information, then coming up with a realistic conclusion. The purpose of finding the ARV is in order to make the best investment decision possible, whether it’s for fixing and flipping a house or just rehabbing to improve the value of the home.

The specific types of people that can benefit from ARV include:

  • BRRRR Investors
  • Fix and Flippers
  • Real Estate Wholesalers
  • Virtual Wholesalers
  • Home Appraisers
  • Mortgage Lenders
  • Hard Money Lenders
  • Private Money Lenders
  • Real Estate Brokers
  • Real Estate Developers

What is an ARV Loan?: An ARV loan is financing to purchase a property based on the estimated value once the proposed renovations are completed. These loans are used to buy, renovate, and develop distressed properties.

With ARV loans, lenders decide on the loan amount based on a percentage of the after repair value of the property. This percentage is called a loan-to-value ratio (LTV).

What is Maximum Allowable Offer (MAO) The Maximum Allowable Offer (MAO) is a well known calculation real estate investors and real estate entrepreneurs use to determine the price they would like to offer on an investment property.

There are four essential components to the MAO formula:

  1. After Repair Value
  2. Rehab/Repair Costs
  3. Fixed Costs
  4. Profit you desire
Closing statement is a document that records all of the fees and costs associated with a home purchase or sale
 
IRS Publication 537 is a great read for Installment Sales and Taxes:  https://www.irs.gov/publications/p537
 
26 U.S. Code § 453 Installment method: https://www.law.cornell.edu/uscode/text/26/453
 
Alternative mortgage instrument (AMI) is any residential mortgage loan with different terms from a fixed-rate, fully amortizing mortgage.
 

Affidavit as to Debts and Liens: Describes the condition of the property with respect to any outstanding debt and/or liens that are currently placed on the property.

ALTA Settlement Statement: An itemized list of all fees or charges that the buyer and seller will pay during the settlement portion of the transaction.

Amortization Schedule: A complete table of periodic loan payments, showing the amount of principal and interest that make up each payment until the loan is paid off.

Certification for No Information Reporting on the Sale or Exchange of a Principal Residence: This document is required by the IRS in order to determine whether or not a 1099 form will be issued to the signer at year-end for tax filing purposes on the sale of the property. A 1031 Exchange is a transaction in which a taxpayer can defer the consequence of a sale by exchanging one investment property for another.

Closing Disclosure: A detailed document itemizing all closing costs. It outlines important closing information such as the loan amount, interest rate, monthly payment projections, closing costs, cash to close, payoffs and payments, disclosures, loan calculations, etc.

Signature/Name Affidavit: The signer must state any name they may be known by or have shown up on any credit reports or loan documents. The signer affirms that they are the person named on the Note and Security Instrument/Deed and that the signature is their legal signature.

W-9 Request for Taxpayer Identification Number and Certification: This document requests the name, address, and taxpayer identification information of the signer. If there are 2 signers, each signer will have their own version of this document.

Warranty Deed: The seller guarantees that they hold clear title to a particular piece of real estate and has the legal right to sell it to the buyer.

Quick Real Estate Terms:

A “seller carry back,” a “contract sale” or a “note and trust deed” sale are all terms that describe forms of seller financing. Carry-back notes are sometimes useful when facing buyer’s markets or rising interest rates.

Subject to/Subto/Sub2 – Subject to the existing financing

Novation AgreementsTo novate is to replace an old obligation with a new one. In contract law, a novation replaces one of the parties in a two-party agreement with a third party, with the agreement of all three parties. In a novate, the original contract is void. The party that drops out has given up its benefits and obligations. Many investors use this as a fix and flip exit strategy. 

Legal Tip: Protect yourself and your future profits. You may want to file liens at the county recorders office against the property for the renovation cost to cover any PML and your future profit.  So the seller doesn’t go out to get a line of credit or let’s say a foreclosure comes about the lien will help you in the future. (Not good for Reverse Mortgages).

One scenario: You go to the Seller, let’s say his name is Jack, he wants maximum dollar and his house is 500K, but the property is distressed. You can come in and offer a higher price over a traditional wholesaler and offer to renovate the property. It’s your ability to fix and flip without technically buying it yourself. You can come in and do the renovations on the property. You can use Corporate Credit or bring on financial partner to pay for the renovations. Then do Novation to an end buyer.

3 Most Seen Types: Net Listings (Agents Only Term/Structured Properly Legally), Use the term Novation if your not licensed, it’s essentially the same terms as the Net Listings or you can do a Partnership with the Seller with an agreed price and anything over a certain amount you can split with the Seller. Seek any legal advice or consult with an attorney.

Novations vs. Assignments – While a straightforward concept, novations can be difficult to implement because they require agreement of three parties: the transferee, the transferor, and the counterparty. The counterparty, may be unwilling to take the risk of a new party (the transferee) who may not meet the terms of the original contract. Another way a novation is different from an assignment is that the assignor in an assignment remains legally responsible for the terms of the contract.

Typical contract terms that are renegotiated with a novation include: 

  • Move out/move-in date 
  • Deposit amount 
  • Purchase price 
  • Renovation Cost
  • Earnest money amount
  • Names of the purchaser, seller, landlord, etc. 
  • Closing costs 
  • Effective date

WrapsA wrap-around loan is a form of owner-financing where the seller of a property maintains an outstanding first mortgage that is then repaid in part by the new buyer. In a wrap-around mortgage situation, the buyer gets their mortgage from the seller, who wraps it into their existing mortgage on the home.

AITD – All inclusive Trust Deed

PMI – Private Mortgage Insurance

ALTA – American Land Title Association

UCC – Uniform Commercial Code

POF – Proof of Funds

EMD – Earnest Money Deposit

COE – Close of Escrow

APN – Assessors Parcel Number

LBP – Lead-Based Paint

MLS – Multiple Listing Service

HOA – Home Owners Association

LTV – Loan to Value

FMV – Fair Market Value

ROI – Return on Investment/Release of Information

CCR – Conditions, Covenants, and Restrictions

DOS – Due on Sale Clause

PCOA – Post-Closing Occupancy Agreement

RMLO – Residential Mortgage Loan Origination

REO – Real Estate Owned

MF -Multifamily