cormac: headshot of me, with a subliminal message (Default)
[personal profile] cormac
I don't expect them to accept, but hey, it's worth a shot, right?

Kevin Rhodes
565 E. Arrow Highway #39
Azusa, CA 91702-5765


July 27, 2009

US National Bank As Trustee for
BNC Mortgage Loan Trust 2006-2

Regarding: 225 W. Central Ave. #C Monrovia, CA

To Whom it May Concern,

Here we now are, four and a half months after my offer was accepted, four and a half months of my lender and agent pushing and begging for full HOA disclosure, and I have been notified that with only $1000 in the reserve account not only my lender, no lender would make a loan on this property. It looks like this complex will take years to come far enough in the black for banks to invest in it, if ever. Even if you tried to sell this property to an all cash buyer, that buyer will still demand the financials of the complex to confirm that it is not heading into bankruptcy. And since there are no financials....

So now I need to look at it as an unemotional investor. An investor willing to look at the far long term and with the understanding of the financial risks I would be taking, just like buying into the stock exchange. And for the right price/investment I would be willing to do so.

Before we talk price, I want to be sure the following is understood by all parties involved in the sale of this condo: unlike a normal sale where an REO seller and it’s agent disclose nothing, in this case both you as seller and your agent know all the negatives about this complex and since you do have first hand knowledge will be required to tell all potential buyers about everything.

You will be required to tell all buyers that there are no meeting minutes since 2005 because the HOA doesn’t have meetings. There haven’t been financial records kept since then too, plus that the reserve was depleted for repairing the plumbing and now there’s only $1,000 in the bank (mind you, the HOA won’t prove any existing bank accounts). That’s in addition to having to hand over a copy of my inspection report and if you don’t do it, by law your agent must attach it to her Agent Visual Inspection form.

All this means is that the next buyer, unlike me, must be told everything you now know, right up front. And really, how many buyers would step into this mess? What investor would put hundreds of thousands of dollars of cash into an investment that can not be liquidated?

So now I throw out to you that I will pay you $15,000 cash, close escrow as fast as title and escrow can work it out. I will take the condo as is, both physically and financially. If this can’t be worked out, I insist on being reimbursed for all the monies I laid out for this purchase. Although normally a buyer can’t get these fees reimbursed by an REO seller, I’m looking at this situation, where you and your representatives were very lackadaisical about getting us the documentation you promised in our contract. If it wasn’t for my lender rep no financial information would have been forthcoming.


Sincerely,
Kevin Rhodes

ETA: They turned it down. So that's that.

Date: 2009-07-28 01:41 am (UTC)
ext_171739: (Stimpy)
From: [identity profile] dieppe.livejournal.com
Ya know, the HOA would probably be well served by having a special assessment to raise the cash necessary to have the minimum reserve in the bank. It's likely that could happen, too. The board of any condo is supposed to, as a goal, keep up on maintenance as well as keep the place sellable.

I foresee a board takeover in your future. Seriously, though you want a place to buy, they want to sell. The financials need to be in order for these units to be worth anything.

Good luck man!!!

Date: 2009-07-28 02:06 am (UTC)
From: [identity profile] rameymj.livejournal.com
Good luck my friend. Our prayers go out to you.

WvF

Date: 2009-07-28 02:42 am (UTC)
From: [identity profile] aliskye.livejournal.com
If you are sending this letter to a bank, I think you might be better served to strike a more professional tone in it. IMO.

Date: 2009-07-28 02:47 am (UTC)
From: [identity profile] abbybob.livejournal.com
my question and I mean this with all due respect is: if the association has no money and there is no board (I'm guessing that's why there are no meeting minutes) why do you want to live there? If the Association has no money in reserves if something happens (like major rain storms wreck the roof or the plumbing main for multiple building..craps out) there is no money to repair it and you have to pay for it out of your own pocket or face a special assessment. If there is no money, the common areas must look like hell. If there is no board, how does anything get done or taken care of? Does the Association's Attorney do it? Who is managing the money that comes in from the dues?


If the reserves aren't funded, you may not be able to re-fi. If the delinquency rate is high- ditto.

If you get this place, get the best damn insurance you can afford. Pay extra for the special assessment insurance rider. You might need it.

Date: 2009-07-28 03:07 am (UTC)
From: [identity profile] cormac.livejournal.com
It's not that there's no board, as far as I understand; it's that they don't meet. A large majority of the 14 units in the complex are owner-occupied, but it seems they're occupied by people who can't be bothered to care about their HOA.

If I purchase this place, I plan on getting huge amounts of insurance (since I won't have any monthly mortgage) and whip the HOA back into shape. If the apathy is there, it'll be fairly easy to volunteer my way into a leadership role, then levy assessments to bring the HOA back into fiscal compliance.

And even if I don't, if I stay there a year, the rent I'll save will more than pay for the place.

Date: 2009-07-28 03:14 am (UTC)
From: [identity profile] abbybob.livejournal.com
If there is a board, but no minutes, they aren't doing their job. Most likely per the bylaws, they can all be forced to resign. The bylaws and the CC&R's need to become your friends. Do they have a professional management company or are they self managed?

An assessment takes a vote of the membership- but even if it's small ($500-$1000/unit) that might be enough to pad the coffers and get a project or two done to make the place a smidge nicer- and with only 14 units in the building, having the HOA fully funded will take a lot less $$ than other places. Plus you'll have the special assessment rider on your condo insurance- so all you'll pay is your deductible and your insurance carrier will pick up the rest.

Date: 2009-07-28 04:18 am (UTC)
From: [identity profile] selenesue.livejournal.com
What can I say but I'm sorry and Good luck?

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