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All Forum Posts by: Bret Allen

Bret Allen has started 5 posts and replied 70 times.

Post: non licensed contract use

Bret Allen
Posted
  • Real Estate Attorney
  • Allen, TX
  • Posts 71
  • Votes 48

I am a real estate litigation and transactional attorney.  I represent a handful of investors/realtors, helping to structure deals, partnership agreements, deeds, etc.  I also represent clients that want to file (or need to defend) a lawsuit related to real property or business disputes.  

The bulk of my time I represent banks in the default process. 

Post: New member from Plano, TX

Bret Allen
Posted
  • Real Estate Attorney
  • Allen, TX
  • Posts 71
  • Votes 48

Good luck @Brian Mainake

Post: non licensed contract use

Bret Allen
Posted
  • Real Estate Attorney
  • Allen, TX
  • Posts 71
  • Votes 48

The TAR contracts are restricted to use by Realtors in Texas.  But the TREC contracts can be used by anyone.

Post: Texas Tax Sale: Lender strategy

Bret Allen
Posted
  • Real Estate Attorney
  • Allen, TX
  • Posts 71
  • Votes 48
Originally posted by @Robert Steele:

Oh one more thing. Let's say this house is worth $500K and the taxes due is $50K. Someone bids it up to $250K. Now my understanding is that the previous owner gets the $200K remainder after the taxing entities get paid. 

So later the lender comes in and wants to redeem the property. They pay $312K. The lender has an asset worth $500K but they lost their original mortgage, say $250K. They sell for $500K and get all their investment back with no profit.

It seems like the previous owner just made out better than all of us. :)

The surplus funds (difference between the 50K owed and the 250K sales price) are paid upstream in priority of the liens, then the to home owner.  Usually the lender will get the surplus.  However, I have seen cases where the Lender didn't have an assignment on file and the prior lienholder (now bankrupt) was noticed of the surplus funds.  The current lienholder didn't respond and the money went to the borrowers.  The Lender was out of luck and the price + the penalty was too high to make good business sense.  In this case the owners made a killing being foreclosed on. 

Post: Aspiring MFR investor from Dallas, TX

Bret Allen
Posted
  • Real Estate Attorney
  • Allen, TX
  • Posts 71
  • Votes 48

Welcome to BP.  I think you are in the right place if you want to network with other real estate investors.  Let me know if you need any help in the future!

Post: LLC?

Bret Allen
Posted
  • Real Estate Attorney
  • Allen, TX
  • Posts 71
  • Votes 48

@Account Closed -- your statements here are a little misleading in my opinion. I will tell you that in Texas there is significant litigation advantage if an LLC is in place. Piercing the corporate veil is a very difficult process here. Taking some basic steps to separate your personal assets from your investing life can make a world of difference when the walls fall in.

You do make a valid point about insurance. Many issues can be solved by insurance. But a blanket statement "that the best way for an investor to go is with a good insurance policy" and that investors should stay away from LLC's is a little reckless.

Everyone's business, personal assets, and goals are different. There is a place for trusts, LLC's, insurance, Limited Partnerships, d/b/a's, etc. Everyone should consult with a good local attorney or good CPA or both when setting up their investment strategy. Most initial consults only costs a few dollars or are completely free.

It might save you some headache down the road.

Post: LLC: Do it alone or work with a lawyer?

Bret Allen
Posted
  • Real Estate Attorney
  • Allen, TX
  • Posts 71
  • Votes 48

Good discussion here. A good attorney that understands your goals and business can help you structure partnerships, anonymity, and separation between ventures, financing, etc. The entity itself is easy to set up, but that is just the starting point if you are trying to limit liability. The use and operation of the entity is arguably more important that buying a LLC kit online. An attorney can help you make decision that may make or break your goals.

Also, a good CPA that understands real estate and business structure is critical in these areas.

Good luck!

*Bret is a licensed attorney in Texas and California, but he is not your attorney.  You should not rely on the advice in this post for any reason.  If you have legal questions then you should seek the advice of a competent professional in your area.

Post: New member in Plano TX

Bret Allen
Posted
  • Real Estate Attorney
  • Allen, TX
  • Posts 71
  • Votes 48

Welcome and good luck!

Post: Texas rental application and lease agreement

Bret Allen
Posted
  • Real Estate Attorney
  • Allen, TX
  • Posts 71
  • Votes 48

The TAR forms are the most comprehensive.

Post: North Dallas/ Collin County Networking Event

Bret Allen
Posted
  • Real Estate Attorney
  • Allen, TX
  • Posts 71
  • Votes 48

I'll try to make it.  It will be my first event.