The Note Closers Show - The #1 Podcast for Note Investing Creative Financing Blueprint: Mastering Trusts, Due on Sale, and Wraps with T Alan Ceshker
Good morning, good afternoon, and good evening, investors! Scott Carson here, and boy, do we have a treat for you! Ever wanted to tackle Texas creative financing—think subject-to, wrap-around mortgages, and assumptions—without, shall we say, foul-ups? Good, because I've brought on the man, the myth, the legend himself: T Alan Ceshker from the Ceshker Law Firm! With over 30 years in the game and a proud 5th-generation Austinite, Alan is the go-to guy for navigating the Lone Star State's unique legal landscape. He’s helped thousands of investors get these specialized transactions right, so you don't end up with an "Amityville Horror" on your hands. If you're eyeing those sweet, low-interest mortgages and distressed borrowers, this episode is your official "Don't Screw It Up" guide!
In this episode, you'll learn:
- Demystifying Texas Creative Financing (Alan's Way!): Alan cuts through the jargon, explaining why he calls everything a "wrap" (even assumptions and sub-to deals!) from a legal standpoint, and why "sub-to" is a term he strategically avoids. Learn the core concept: it's "just seller financing" where the existing mortgage stays, and the seller dons a new "lender" hat.
- Bulletproof Contracting for Texas Wraps & Assumptions: Discover Alan's ingenious "math word problem" solution for drafting contracts that account for fluctuating payoff amounts in assumptions, bypassing Paragraph 3 headaches. For wraps, it's as simple as standard seller finance! Plus, get the crucial "disclose, disclose, disclose" mantra to avoid those pesky investor amnesia cases years down the road.
- Taming the Due-on-Sale Beast with Trusts: Unpack the infamous due-on-sale clause—what it means, why lenders usually don't call it (but sometimes do!), and how Alan's proprietary "due on sale trust" structure leverages the Garn-St. Germain Act for protection. You'll hear about specific lenders (looking at you, Home Loan Servicing!) that raise flags and why downloading generic trust forms is a bad idea.
- Non-Negotiable Insurance & Legal Compliance: This is HUGE. Alan reveals the #1 reason wraps fail: incorrect insurance. Learn the exact structure (seller as additional insured, not just interest; lender as mortgagee clause) and why you must use a proven provider. Plus, understand the critical legal compliance points for Texas: RMLO requirements, the 5.016 disclosure, and the "no balloons, no ARMs" rule for baseline compliance.
- Pro-Tips for a Smooth Ride (and Avoiding Foreclosure): Get actionable advice for managing your deals: conference calls with sellers for lender contact, the strategic use of Power of Attorney for checks, and Alan's "6% down" rule of thumb to mitigate default risk. He also stresses the importance of continuous communication with all parties to ensure smooth sailing and happy campers.
This episode with Alan Ceshker is an absolute masterclass in navigating the legal and operational intricacies of Texas creative financing. He's not just talking theory; he's giving you the battle-tested strategies to build a robust portfolio and avoid painful (and costly) mistakes. So, stop drawing deals on napkins, reach out to Alan’s team, and get ready to close some rock-solid transactions! Go out, take some action, and we’ll see you at the top!
Watch the Original VIDEO HERE!
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