Skip to content
×
Pro Members Get
Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
ANNUAL Save 54%
$32.50 /mo
$390 billed annualy
MONTHLY
$69 /mo
billed monthly
7 day free trial. Cancel anytime
×
Try Pro Features for Free
Start your 7 day free trial. Pick markets, find deals, analyze and manage properties.
All Forum Categories
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

All Forum Posts by: Nat C.

Nat C. has started 160 posts and replied 794 times.

Post: South Carolina squatter eviction

Nat C.Posted
  • Investor
  • Miami, FL
  • Posts 807
  • Votes 474

Has anyone had experience evicting a squatter in South Carolina? I know it varies by state.

I let a guy stay in my house for free without a lease. I don’t need anyone to tell me I was stupid. I already know that but he was clever in the ways he gained my trust.

A month later I found out about his real situation and drug use. I asked him to leave within 2 weeks, hoping this would be a reasonable timeframe and he would cooperate. He told me he is invoking his ‘rights’ and will continue to live there rent free for as long as he likes.

I looked up the appropriate eviction notice to give him and they are either for breach of lease terms or non-payment of rent. Neither of these are applicable so I’m unsure of what notice to serve him.

Has anyone else here had to remove a squatter in SC?

Post: Who do I sue first?

Nat C.Posted
  • Investor
  • Miami, FL
  • Posts 807
  • Votes 474
Originally posted by @Peter Walther:

I've already tossed out the copies of the docs from the chain of title I printed out, but I believe the City lent/granted the original developer $300k on a 2nd mtg as an incentive to sell 10 of the completed units to low income purchasers.  I also seem to recall the mtg was extinguished by a foreclosure of the 1st mtg so I'd guess the City wasn't very happy with the original developer.

You are suggesting the city is annoyed with the original developer who came many years before I arrived on the scene; so now they are passing the grudge onto me and my back house?

Post: Who do I sue first?

Nat C.Posted
  • Investor
  • Miami, FL
  • Posts 807
  • Votes 474
Originally posted by @Doug McVinua:

@Nat C. This is an interesting thread, what seems to be missing is the politics? You mention this is a well-known developer etc. Well known developers have connections and make things happen that are often thought impossible.

We won a battle with the City a few years ago that ended up at the City Council regarding a variance and it was very much who you knew and what they wanted. Yes, all the "legal stuff" was public but all the real maneuvering went on behind the scenes and it was political, very political. In fact, I was called an hour before the Council meeting by the attorney and informed the variance was pulled from the calendar because the attorney found out we had the votes needed to defeat it.

I suspect you are fighting forces within the City that you don't understand. Find someone local, maybe it's another adjoining property owner with concerns and look for solutions. Did you mention someone was doing surveys of the land? Why and what are they planning?

Yes, I get all this legal talk but I suspect there is more to this story...Maybe someone wants your building to add to the rest?

Find someone connected and find a solution to the problem!

 Agreed and agreed. Unfortunately, I'm not inside the US presently, which makes actionable pursuit of this matter arduous. 

You are not the first person to ask if there is more to the story. There was a broker who spent a lot of time trying to discuss the property with the city attorney and he said he became very suspicious that the city had some interest in the property, due to their non-willingness to resolve issues. I truly can't imagine what interest the city would have in my big, ugly building though. 

Post: Who do I sue first?

Nat C.Posted
  • Investor
  • Miami, FL
  • Posts 807
  • Votes 474

@Peter Walther and @Tom Gimer, I didn't see the recent posts until now. It's certainly a fascinating subject and enthralling to read as you both debate the issue. I just wish I wasn't the stooge in the middle of it!

I will assemble and lodge a claim with Old Republic Title next week. Like with any insurance company, I am anticipating their refusal but it will be interesting to see their response nevertheless. I will certainly update the thread. 

Thanks again, guys!

Post: Cash for Keys vs. Cash for "Trees"

Nat C.Posted
  • Investor
  • Miami, FL
  • Posts 807
  • Votes 474

@Brian Lucier

I just wanted to say how much I enjoyed reading your story and that I really respect the choices you made. You obviously have high ethics and a big heart. If more people acted in the community spirit that you did, there would be less drug addicts around. The opposite of addiction is connection. People reach this point of drugs and homelessness because of disconnects in society.

I wish you had documented your story more thoroughly to share this story of humility and benevolence.

I too, have dealt with scores of homeless people when I used to buy a lot of foreclosures. My approach always has been to shower them with compassion, respect and generosity. It’s amazing how quickly you can earn their trust and loyalty.

Post: Investor friendly title & escrow company in WV?

Nat C.Posted
  • Investor
  • Miami, FL
  • Posts 807
  • Votes 474

@Shirea Carroll

I will ask them and let you know.

Post: Carrying purchase contracts in your briefcase

Nat C.Posted
  • Investor
  • Miami, FL
  • Posts 807
  • Votes 474

My business partner is door knocking next week to try to lock down some off market deals.

I’ve heard of investors carrying purchase agreements to sign with a seller on the spot if an agreement is reached. However I don’t know if one needs to be a licensed realtor to do this.

We are buying for ourselves, not to flip to a third party.

If we use the standard South Carolina purchase agreement, is it legally permissible to have a seller sign it on the spot?

Post: Investor friendly title & escrow company in WV?

Nat C.Posted
  • Investor
  • Miami, FL
  • Posts 807
  • Votes 474

@Shirea Carroll

I always deal with Cipolla Cox and have no complaints

Www.cipollacox.com

Post: Real Estate Investing Mentors

Nat C.Posted
  • Investor
  • Miami, FL
  • Posts 807
  • Votes 474

Well you know what it is that you want, now think about what it is you can offer. I suggest you write a list of ways you can be of service to someone and then find your potential mentor to offer your services. Perhaps you can help them in their daily operations like handling some admin work, making phone calls or checking on properties. I am sure you will learn some valuable things along the way and you will have opportunities to ask questions and seek advice. Wondering where you can find your first mentor? Your local RE network meet up group might be a good start.

Post: Who do I sue first?

Nat C.Posted
  • Investor
  • Miami, FL
  • Posts 807
  • Votes 474
Originally posted by @Peter Walther:

If it were sold to one of the current investors they might purchase whatever title you have.  As I pointed out in my analysis, I believe there may be a problem with the initial attempt to create the condo so finding a purchaser unrelated to the current investors would probably be difficult.  That's also why I suggested submitting a claim to the title insurer. 

Firstly, Peter, so many people dream of having your level of expertise and knowledge of title issues.

I contacted both the attorney's regarding the title issues you found, with a paragraph about the Declaration of Condominium matter.  Firstly, I scolded my buyer's attorney, starting with- "The errors you made were an actionable level of negligence and you breached your legal duty of care as I will outline below. I have incurred great financial loss as a result of your errors; mistakes that no reasonably prudent attorney would make."

The Declaration of Condominium, as you know, was written and filed by KS. He has obviously been with this building for a long time, basically since the beginning. I wonder if he gets an attachment to buildings like I do. Probably not.

I already know what KS will say about this. He is going to brush it off and say the Dec was filed within the Prospectus documents, which is a legitimate method. I can't find any text in the Statute that says the Dec has to be a standalone document. And that is what this whole argument about trying to claim a title issue hinges on, right?

I believe that I have a stronger argument in claiming a defect in my title policy because of the fact the units conveyed to me were completely and utterly not completed units as outlined in the statute and of course, no written exception was ever provided in the title policy or purchase agreement.  

However, as far as the whole building, including front and back having a title defect because the Dec was filed with the official records as part of the Prospectus and not as a singular document.... well, I don't know how far that argument will go, unless you can point me towards a SS that says otherwise.