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All Forum Posts by: Brian Cloud

Brian Cloud has started 1 posts and replied 40 times.

Post: wholesale Contracts Alabama.

Brian CloudPosted
  • Attorney
  • Birmingham, AL
  • Posts 45
  • Votes 14

Feel free to contact me.  I handle a lot of real estate work including for many real estate wholesalers.

Post: Birmingham Alabama Turn Key Investments

Brian CloudPosted
  • Attorney
  • Birmingham, AL
  • Posts 45
  • Votes 14

Reminds me of the college football playoff debate.  I am sure Ohio and Alabama (not a fan of either team) both have their pluses and minuses.  Yes, make sure you complete your due diligence on all vendors, including property management companies.  

I represent a lot of the property management in Birmingham and yes, we do have a lot of very good property management companies/turn key companies.  I dont however work with Birmingham Income Properties -- I suggest you meet with them in person before using them and probably also get some references -- investors who they currently work with.

Post: 1 of 3 roommates wants to break the lease.

Brian CloudPosted
  • Attorney
  • Birmingham, AL
  • Posts 45
  • Votes 14

Let the roommate leave but he/she is still liable under the lease.   Every party would still be jointly liable under the lease.  The problem with a new person is that you dont have a pay history with that person.  Of course, you could always add in the new one and make them all liable.... more people to go after if the lease goes south. 

Post: Trip to Eviction Court Today

Brian CloudPosted
  • Attorney
  • Birmingham, AL
  • Posts 45
  • Votes 14

I handle them all of the time and yes,  they can be entertaining especially for the judges.  Some tenants think that when they are put under oath, then that means they are under oath to lie.  The key is to screen and when it is time to evict, then it is time to evict -- no more 2nd chances.

Post: Contesting Property Tax?

Brian CloudPosted
  • Attorney
  • Birmingham, AL
  • Posts 45
  • Votes 14

Jay Benoit is correct.  It only happens one time per year.   This past year the cut off was around June 10th and they give you about 40 days with the new tax value.  So nothing can be done now.  But I suggest you do your due diligence now and be ready for the ones you want to protest.  It can be an uphill battle.

On a side note, we are pushing to have these positions elected rather than appointed.  It was not added to last year's bill as we had more pressing items to handle.  

Post: Arbor Trace Property Management

Brian CloudPosted
  • Attorney
  • Birmingham, AL
  • Posts 45
  • Votes 14

It actually falls under the Jefferson County, District Attorney's office.

Worthless Check Unit
2121 8th Avenue North, Suite 1612
Birmingham, AL 35203-2326
(205) 325-1422

Post: Arbor Trace Property Management

Brian CloudPosted
  • Attorney
  • Birmingham, AL
  • Posts 45
  • Votes 14

Agree.  You need to pursue this and they should be able to assist you. 

You could also file the NSF check with the county and they have an entire department to pursue these NSF checks.

Post: Buying a buy and hold in my LLC

Brian CloudPosted
  • Attorney
  • Birmingham, AL
  • Posts 45
  • Votes 14

I would recommend you set up an LLC. Alabama has an unique statute referred to as the open door policy. If you are an out of state LLC and conducting intrastate commerce, not interstate commerce with the state and you don't have an LLC, then your contracts/leases are voidable. Of course you could always buy it as a sole proprietor but then you are taking liability risk.

Post: Buying a buy and hold in my LLC

Brian CloudPosted
  • Attorney
  • Birmingham, AL
  • Posts 45
  • Votes 14

you can call me.  We routinely set up llcs and serve as registered agents.

Post: Buying a buy and hold in my LLC

Brian CloudPosted
  • Attorney
  • Birmingham, AL
  • Posts 45
  • Votes 14

That is correct. You have a valid LLC in Georgia but you either need to establish a new LLC in Alabama or create a foreign LLC in Alabama. Most of my clients choose to do a foreign LLC due to costs.