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Selling home by lottery may be illegal

By Ilyce Glink | Published: 12/06/2007

Some states allow them, but restrictions apply

Ilyce R. Glink
Inman News

Q: Some time ago, I wrote a letter to you asking your opinion about selling our property in Florida. Since the real estate market is down, I would like to sell it on a "lottery" system.

My idea is to sell it with an ad that says: "Own this home (furnished) for only $500." I would sell 400 tickets, but each entry must be accompanied with an essay of 100 words on a subject such as "What life means to me." The essays would be read by three responsible people, and they will select the best essay as the winner. Do you see any problem with this idea?

A: I'm sorry that you're having trouble selling your property. Unfortunately, selling a house by lottery is illegal in almost all states. Some states allow lotteries of homes, but these lotteries are generally organized by churches where the proceeds of the sale benefit the charitable organization. For further details on what is permitted, please contact the state of Florida.

Q: I have a higher debt ratio because I own a number of properties (three long-term rentals, my home, and two commercial lots that I am reselling) and don't want to just use banks and mortgage companies to finance my purchases.

I have good credit and a solid income but know there is a limit of how many properties I can buy with traditional lending criteria. I have been successful with my investment properties and have a proven track record of success buying and renting out properties.

I don't want to do fix-and-flips because I have a full-time job and prefer long-term investment strategies.

How can I find other sources of financing? I think the best way is to find private money sources, but I am not sure how to go about it other than just asking people that I know.

A: You're right -- eventually you'll run out of options with a traditional lender because your debt-to-income ratios will be so out-of-whack that you won't fall within traditional lending guidelines.

If you're doing the investment property thing correctly, you're depreciating your properties against your income. If you own enough property, you'll show nearly no income on your federal income tax form. No income means you don't pay any taxes, which is great.

On the other hand, showing no income means it's difficult to get a regular lender to help you.

One thing you should do is to start looking for a commercial lender who works with small- to medium-size investors like yourself. Banks will take you only so far, particularly now when the market is truly skittish about real estate and investors like yourself.

But that doesn't mean there aren't some banks or lenders, particularly community banks and some savings and loan institutions, that can help (look for those that portfolio local loans, thus giving them wider lending guidelines). One way to find them is to work with an accountant who handles other real estate investors. Ask for some names and referrals to different lenders. Ask other real estate investors who they use. Join a local investors group and meet the sponsors. Find a good financial planner or an estate attorney and work with them to get to the money people.

Two final thoughts: When you finally find some of these money people, you may find that some of them will be willing to lend only cash to you -- for credit card interest rates. You might easily pay 18 to 20 percent, per year, for this cash. It's too expensive long term to make it work with your investment properties, but it might help you get over the hump when you purchase something, and then you can immediately refinance with a more traditional lender.

Last idea: You should explore the idea of having the seller help you finance the property, at least initially. I think that can work, especially now, when sellers are motivated and just want to get out of their properties.

Given that so many sellers are desperate and anxious to move on, I would start there and see if you can come up with two- to five-year seller financing. At the end of that period, you should have enough equity to refinance more reasonably with a traditional lender.

To get even more valuable advice from Ilyce, visit her Personal Finance and Real Estate Center.

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Copyright 2007 Ilyce R. Glink

Keywords: Inman

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