I Got Dragged to Court Over a House I Bought (Subject To Mistakes To Avoid)

Oh hey, didn't see you there. What's going on? I know why you're here. You're here for Nathan Payne's Wholesaling Story Time, Tales from the Trenches. And boy, do I have a story for you guys today. Look, this story, it's unfortunate I had to go through this, but when I first started, my first subject-to deal, this one is actually a little crazy. This is a contract for deed. If you guys don't know what that is, it's just some legal terms, but it actually landed me in court. I was gonna say jail, but I didn't go to jail. It landed me in court. And look, the reason why I'm telling you guys this story. If you guys don't know what Nathan Payne's Wholesaling Storytime is, it's to tell you guys how I started from going from $0, no knowledge on how to wholesale, to doing over $2 million in fees. And I'm laying out the whole story to you guys. And if you're new to this, the reason why I'm doing this is because I believe 90% of it is— that's a big percentage, but a lot of it is fake. People just put out what is good. They only put out their wins. Okay, I am giving you the real story about wholesaling. Okay, the ups, the downs, the wins, the failures. And I will say that even though this seems like a failure, looking back, this was when I did one of my first deals. It's a win now. Like my 5th deal I did, okay. And the other deals that I had done in the past were all just strictly wholesale deals where you just get it. It was either a vacant property or it was just, you know, easy. It was like, okay, you're going to buy it and then they've moved out or they know they're moving out. But this, this one was not like that. Okay, let's rewind back. This was about 5 years ago. So let's go back to how this story began, everybody. So we're going to call this seller Joe. Okay, Joe Joe, we'll call him Joe. This is what was happening at the time. Me and Corey, my business partner at the time, we were knocking doors, we were cold calling, we're flyering neighborhoods, and we started hitting up the pre-foreclosure list. Okay, if you guys don't know the pre-foreclosure list, these are people who are, you know, about to go and get their homes foreclosed. They're behind on their payments. Notice of default is another way to call it. So this guy was on the notice of default list. We actually called him, he answered, and we went and talked to him a couple of times, went to his house, and he was letting us know that multiple offers were coming in. Every time we went over there, he'd be like, yeah, man, I'm still trying to think about what I'm doing, blah, blah, blah. We met with him multiple times. Okay. It wasn't just like a one and done. It was multiple times to go chat with, and he had a price in mind. He wanted about $145,000 for the property. And that was 5 years ago, it was a smaller house. So that was a good price. I wish you're not really finding that right now in Utah, but anyway, he wanted $145,000, but nobody including us on a wholesale cash offer was able to come to that because the house, 600 square feet, maybe even a little smaller, like it needed a lot of work. It wasn't going to get that. The ARV was probably like $200,000 at that time, maybe a little bit less. But he wanted $145,000 and we're like, man, how can we make this work? Corey, my business partner, he had done lease options in the past and he knew about seller financing, like creative financing. So we said to Joe, we're like, Joe, the only way we can get you $145,000 because the house is not worth that in its current condition, the only way we can do this is if we do it on terms. We can buy the house for that price. We can pay that, but you got to take payments. And he's like, well, if you can get me that money, if you can get me my purchase price, that's fine. And we explained to him, okay, so this is what we're going to do. You're in pre-foreclosure, you're behind maybe $14,000. We're going to catch your payments up and we'll give you about $5,000 so you have enough money to move out. He's like, that's fine. And we said, we're going to do a balloon payment and cash you out in a couple years for the rest of the equity you have. Okay. And there was like maybe $30,000, $40,000 equity he had, but he's like, yeah, as long as I get that higher price, that's fine. So we agreed on that and it was in the dead of the winter. Okay. So, and he was a little older and he had his family in there in the house. So we were like, hey, we're going to give you that price and then we're going to let you, since we don't, you know, you, you don't want to move in the winter and we get it, Christmas time, all that stuff, we're going to give you 4 months to move out. Okay. We're going to give you 4 months to find a place. We're going to give you 4 months to look for something and pack up. It's not a big house, but we're going to give you some time. So he agreed. We signed and we did a contract for deed. So I did not actually go on title on the property, but I did own the property and it was like a contract for deed subject to like hybrid. So anyway, so fast forward 4 months down the line, what do you think happened? Well, this is the first time I've ever let someone stay in a property after I've closed. Okay. And by the way, like the way it was structured, I wasn't on title again. I didn't really even know all this stuff. I was just like, hey, This is what they said. Creative financing is great. Let me just do it this way. So I let him stay in the property. 4 months go and I'm checking in on him like every month. Hey, man, how's the move going? Are you— have you found a new place? Have you moved your stuff? Oh, yeah, man, we're working on it. We got some stuff lined up. So 2 weeks before the 4 weeks is up where I'm taking over the property now because I got to rent it, I've been paying the mortgage and, you know, just floating it since all the costs and all that stuff. And I actually closed on it with my brother, you know, my brother-in-law. We owned it at that time. I go there 2 weeks before and I knock on the door, say, hey, just checking in. In, and I noticed that, uh, not even a box is packed. Nothing is packed. Nothing. They didn't do anything. 4 months down the line, nothing was moved. The family is like, nothing. They didn't even know they were supposed to move. So I'm like, uh, guys, you know, um, we bought the house, we gave you 4 months, it's time for you to move. And they're like, it was like news to them. They're like, what, are you serious? I'm like, uh, yeah. So I'm talking to Joe, and he's like, yeah, man, don't worry, like, I'm moving. And his family, one of his daughters was like, that was mooching off of him, that was living in a park trailer in the back comes up to me while I'm talking to the dad and being like, hey, what's going on? She's like, what are you doing here? Like, we're like, what do you mean we're doing about the house? And she's like, you forced our dad to do this. We're not going anywhere. And I'm like, what are you talking about? You were there. Like, everybody knows what's going on. Like, this isn't news. I've talked to you before. Like, why are you coming at me now? And the whole family like surrounds me, like the daughter, her husband that's living in the trailer in the back. And they just like come around me like— I don't want to say a pack dogs because they weren't, but it just felt like, oh, I'm getting ambushed. And they were starting to get mad. And I was like, look, I'm not trying to deal with this. Like, you guys know what's going on. So I didn't know what to do at that point. They were supposed to move. I own the house. They didn't. So I ended up being like, dude, they're not being reasonable. They're not going to move now. They're saying they won't move. So I reached out to an eviction attorney. I'm like, I guess we got to evict them. I guess that's like the next step, right? Like, we own the house. We gave them money up front. We caught them up and they're not moving. So unfortunate situation to be in for both of us. I didn't want to be in me in that situation. I thought we had agreed on something. So we— I get the eviction attorney, James Dean, classy guy. He's just like, you know, ready to rock and roll. He's been dealing with this for a long time. I explained the situation that we bought it on terms, and it was kind of funky the way the paperwork is done because it didn't look like I owned it like on the paper, but I really did if you dived into the closing docs. But just, it wasn't like that easy to see, and I didn't know how to explain anything that was going on because I was new. I just had done what they told me at like the title company I was using at the time. So James Dean's like, hey, they're fighting this bad boy, they're not moving. They actually got an attorney themselves, like they're trying to fight this. And the seller had gone in and networked with someone that was like, I think the person that got him the loan was like trying to keep him in it. And I was like, whoa, I don't know what's going on. This is nuts. And I'm so scared because I'm like, I just bought a house now. Like, maybe I'll lose it. I have no idea what's going to— what can happen here. And it ended up that they fought it. And when you try to evict someone, they fight it. You got to go to court. So I went to court and I was super nervous. I was like, I didn't know if I would have to stand and testify. I don't know what, what was going to happen. I was shaking the night before. And this, this job has kind of taught me like how to be relaxed and have like nerves. I don't say nerves of steel, but to be a little stronger and not be so worried because I am more prepared now. But anyway, so I go to court with me, Corey, and I think my spouse came with me too. And I was, I was concerned because I thought I had done everything— not thought, I had done everything correct in the sense of like, you know, let them know. But they just decided they didn't want to, to move. So I'm in court, the judge, our case comes, and I'm tripping, I'm tripping out, you know, I'm shaking. The judge is like, so what the heck's going on here? He's just reading the document and he's like, so what's going on? And then the attorney of Joe is like, you know, kind of explains, hey, these guys are trying to steal this dude's property. And it's like, what are you talking about? Like, we agreed on this whole thing. My attorney gets up and explains the situation, and the judge is trying to understand what the heck is going on with the subject-to creative finance contract for deed, whatever you want to call it, paperwork. He's like, he doesn't know. He's like, I don't know what this is. Do you own Property, son. I'm like, yes. He's like, okay. Then the daughter in the middle of the courtroom, she stands up and she's like, this young man lied to us. He forced my dad to sign these documents. And I'm like, what are you talking about? You weren't even a— like, you're making all this up. You were there. Like, you saw that. Like, no one was forced to do anything. But she's out there slandering me in the middle of the courtroom, and everyone's like— and unfortunately, she looked a little, you know, like crazy. She might have been, you know, doing some things that she's not supposed to. So I don't know if that was a good look for her or not to like shout that in the middle of the courtroom. Room, but, uh, she was like, this guy's a liar. I'm like, hey, I don't know why I thought we were friends. Now you're hating on me in front of everybody. That doesn't look good for me or anybody. So anyway, she's hating on me. This is what happens. The judge says, look, you guys can fight this. How much do you think you'll be able to rent this place out for? He says that to me, and I said, I don't know, it's probably like $1,000, $1,100 after we fix it up. And he's like, okay, Joe, your squad, if you want to fight this, it's probably going to take 6, 7 months to fight this, and, and attorney fees, you're gonna have to pay up front like the losses that he might incur, like I might incur through, you know, fighting this. So if it takes like 6, 7 months, you guys are going to have to come up with about $7,000 and you can fight this. So that was like the solution that the judge came up with. And he's like, you got to come up with the money within like 2 days if you're going to do this. And what ended up happening is they were like, screw that. They didn't want to come up with the money. Maybe they didn't have the money and they were probably going to lose any— well, not probably they would lose because we did it above board. Other than the paperwork being kind of funky and no one really understanding how to read those creative finance documents. Right? So what ended up happening is we ended up getting the property back. They left like 3 days later. I got the house and, oh man, it was a sigh of relief. I was like, oh my gosh, that was like the most nerve-wracking thing I've ever been through is going to court over a property that I had purchased on creative financing. So anyway, the showdown in the courtroom was nuts. I was very nervous. I'd never been to court, never thought I'd go to court, but that's what happened. And it was interesting. So anyway, I learned a lot of lessons from that. Lesson number 1, if you are going to buy a property on subject to, creative financing, contract for deed, anything like that, post-possession is not a good idea. Don't do it. If you're going to buy a property like that, you need to make sure they're out of the house before you close. Because if they fight it and you have to evict them, when you go to court, the documents are going to look weird, right? Because either they're on title or you're on title or however you structured it, it's just funky. So that's what happened. Now, if I did it again, I wouldn't, I wouldn't have let him stay in the property after. I would just said, hey, we're going to close on it, but you got to make sure you're out. So make sure again, if you do something like that and you're going to let them, they want to do a post-possession, make sure they're out by the time you close because it can get funky. Okay, don't do that. I've talked to too many people that do subject to and creative financing deals and they're like, yeah, don't do that. Make sure you hold money back and give it to them once they leave, like incentivize them to get out. Be prepared emotionally and mentally and physically, everything for this job. Like you're going to run into some ups and downs. Obviously, if you don't do what I did, you won't have to face that, that problem. But this job, like many other jobs, comes with trials and errors. Tribulations, failures, you got to be mentally prepared. Thankfully, I had a good support system. I was honest in my dealings with my fellow man. I was honest with what I did. So I was— I knew I had not done anything wrong in the sense like lying, but just make sure you're honest and you do everything to your best ability, right? Like, you should always do that. Be transparent. We told them exactly what was going on. We gave them 4 months. Like, come on. And the importance of having a skilled title company to work with that can navigate this, doing the paperwork right, and an eviction attorney. You shouldn't have to have an eviction attorney, but it is important if you do buy properties and you're going to keep them and you let people do post-possession that you have an eviction attorney that's legit. Now guys, I started this story out, Nathan Payne's Wholesaling Storytime, Tales from the Trenches, saying that for subscribing, I want to give you the contact that I use right now in Utah that helps me prepare my paperwork, that does my title work. She's got my back. I want to give you that contact, so subscribe to the newsletter and you will get— I will get you that contact info. If you are outside of Utah, I will make sure I can connect you with someone that can navigate you, because if you paperwork the wrong way and you land yourself in trouble, you could go to court, you could get in trouble. I don't want that to happen to you. I was very nervous if I even went to court again, right? Knock on wood that I don't, and I don't think I will. But yeah, it's nerve-wracking because you don't really know what's going to happen. You don't know if the judge is going to go in their favor. You don't know if they're going to lie and slander you like the daughter standing up in front of them and say, this guy's a jabroni, this guy's a liar, he lied to all of us. It's like, no, look, that's not true. You're lying. And I guess I know I can't prove that. Other than me saying he said, she said. So avoid all that. Do the paperwork the right way. Just try to make wrap up and make sure your deals are done solidly. And you can do that with the right people on your side, the right team. So anyway, I just want to say that was my story. First time landing in court. This was in my first 6 months of wholesaling, guys. This was like my 4th or 5th deal. It was something that I had never faced before. Before that, I was like a door-to-door sales guy. You don't get in any trouble in door-to-door other than maybe a cop saying, hey, no soliciting, get the heck out of this neighborhood. And you're like, okay, so New experience. I don't want it to happen to you. I don't want you to go through the pain. I want you to feel the gain and not the pain. You know, keep on staying with us at Painless Flipping and we'll teach you the right way. And I hope this story, you feel the realness. I hope you feel the realness that my goal is not just to give you all the fluff and the crap and be like, hey, yeah, this job is rainbows. Ah, it's ups and downs. So is everything. And I'll give you the, I'll give you the real truth, guys. So by the way, this deal ended up being a major win. I still have the rental. I got it for $145,000. I rent it out. I cash flow. And it's worth about $300,000 now. Okay, so it's been 5 years, so it's appreciated quite a bit here in Utah. So great deal. I had to catch up the payments and put some money down to the seller. But would I do it again? Well, yes, I would do the deal again, but I would definitely restructure it, maybe not let him do the post-possession, and made sure he was out and moved him myself, like paid for a moving company so there wasn't the excuse of 4 months of him saying he was moving. So if you like that story, hit the like button so more people can see it. Subscribe, do all these great things that help me grow. I want to get in front of more people. I appreciate you if you enjoyed. Nathan Nathan Payne's Wholesaling Storytime. Share with a friend. Tales from the trenches, guys. I'm in the trenches still. I'll probably always be in the trenches because I like the trenches. That's where you learn. That's where you grow. So hope you enjoyed it. Have a great weekend. It's Friday. Love you guys. And, uh, if you don't like this story, if you think I'm a jabroni, I want to hear about it. If you think my stories suck, let me know because it's important to me. I always want to progress. I want to grow. So if you think I'm not a good storyteller— I think I am, but if you don't think so, let me know how I can improve because I'm always looking to improve. Hey everybody, what's up? It's Nathan Payne, and for the first time ever, we just released this insane training bundle that has literally everything that I've learned from doing a combined 4,000 deals in real estate, all from starting with absolutely no previous business background experience or any real estate experience. Plus, there's over $19,000 worth of free gifts that we're throwing in, all for an insanely low, low price. If you want to get your hands on this, be sure to click the first link on the description below right now.