Summary of "Understanding Novation Agreements - Masterclass Video 9 w/ Pace Morby"
Understanding Novation Agreements – Creative Real Estate Financing Strategy
Key Concept: Novation Agreements
Novation agreements are short-term, creative financing contracts primarily used by wholesalers and flippers. They are not suitable for buy-and-hold investors.
- They allow a buyer to renovate or improve a property and resell it without actually closing or taking title upfront.
- This approach avoids acquisition fees, closing costs, and lender payments during the renovation period.
- Novation agreements are comparable to a “net listing” in real estate or a “hotel deal,” where you control the property’s upside without owning it initially.
Strategic Advantages
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Avoid FHA Anti-Flipping Rule: FHA loans prohibit closing within 90 days of contract, which causes cash flow issues for flippers using traditional financing. Novation bypasses title transfer, so this rule is not triggered.
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Competitive Edge in Offers: By avoiding upfront costs, investors can offer sellers $10,000–$15,000 more than traditional wholesalers and still profit, helping win deals in competitive markets.
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Postpone Foreclosure: Novation can be used to postpone foreclosure by keeping arrears in place while renovating and reselling, allowing investors to profit without upfront arrear payments.
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Zero Down Deals: Rehab costs can be covered by private money lenders, making the entire deal potentially zero out-of-pocket for the investor.
Operational Playbook / Process
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Open escrow early: Even though no closing occurs initially, open escrow and conduct a title report upfront to identify title issues or arrears.
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Secure private money lender: Attach the lender as a lien on the property with the seller’s permission to protect rehab funding. This lien appears on the HUD and ensures lender repayment at closing.
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Profit protection: Structure agreements to place a lien on the property for projected profits above seller payoff plus rehab costs. This secures the investor’s upside and prevents seller interference (e.g., refinancing or selling behind your back).
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Use executory contracts (land contracts) for more security: These give legal ownership rights to the investor even if the deed is delayed, preventing the seller from refinancing or selling without investor consent. This is a safer alternative to pure novation agreements.
Case Study
Student DJ Martin executed his first novation deal after seller finance and subject-to deals failed.
- He postponed foreclosure on a property with $80,000 arrears.
- Renovated the property and sold it retail.
- Netted about $180,000 profit without upfront arrear payments.
This case demonstrated the power of novation to solve complex seller financing and foreclosure challenges.
Metrics / KPIs Discussed
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Profit spreads example: Buy price $200K + $50K rehab, sell for $400K, profit lien protects $150K spread.
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Typical hold period: 1–3 months (short-term).
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Competitive offer premiums: $10K–$15K above traditional wholesaler offers.
Actionable Recommendations
- Always open escrow and perform title due diligence upfront.
- Secure private money lender liens on the property with seller consent.
- Draft agreements protecting your profit lien to prevent seller interference.
- Consider executory contracts for stronger ownership and security.
- Use novation strategically in markets with FHA buyers or foreclosure risks.
- Wholesale novation contracts to fix-and-flippers who are cash buyers.
- Leverage novation to outbid traditional cash buyers by offering higher prices without upfront capital.
Future Content / Engagement
- Presenters plan a rapid-fire Q&A session addressing viewer questions on creative financing strategies.
- Potential for Zoom or on-location videos to expand the training library.
Presenters / Sources
- Pace Morby (Creative financing expert and active practitioner)
- Jerry (Co-host and interviewer)
- Student example: DJ Martin (Novation deal case study)
Category
Business
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