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All Forum Posts by: Christian Carson

Christian Carson has started 37 posts and replied 390 times.

Post: Being a licensed agent means the law doesn't apply to you?

Christian Carson
Posted
  • Cleveland, OH
  • Posts 400
  • Votes 223

There are a couple things going on in Ohio. Remember, we're operating with a backdrop of ground zero of the real estate foreclosure crisis, where shysters descended in masses to buy up cheap properties for speculation and letting them rot (without paying their property taxes!) The government is simply responding to the excessive amount of fraud and deceit that has arisen in the market in the last ten years. "Scheming" is not looked upon with kind eyes here.

Wholesaling is an activity that is very often done with the intent of deceiving the seller (and sometimes, the buyer) in order to collect an excessive commission. I wrote a BP blog article recently describing how a relatively mundane wholesaling transaction could get the wholesaler in trouble for fraud. "We Buy Houses" signs not only often violate city ordinance, they can also be misleading if you are not the end-buyer in the transaction.

Ohio has a fairly strong Consumer Sales Protection Act ("CSPA"), where any kind of bait-and-switch activity or deceit can land a business in very hot water. Even sending a mailer out that deceives the customer into thinking it's something other than an advertisement is a violation.  Selling a service that a consumer can get for free is also a violation. The law authorizes the Attorney General to go after persons and businesses violating this law, because the unsophisticated consumer may not be able to defend his/her rights as effectively as a state government. Since the enactment of the CSPA, the state has managed to effectively shut down thousands of scams.

The catch for wholesalers -- and the state -- is that the CSPA exempts real estate transactions. This prevents the state from using a significantly effective tool in regulating the amount of fraud and cheating that occurs in the industry. The perceived solution is to try to control it using the division of real estate -- require people dealing in real estate to obtain a license. Then additional ethical standards must be followed, and discipline is easier to mete out through an administrative proceeding.

This is not just some kind of draconian measure designed to promote market protectionism -- it's one of the only ways the state can effectively regulate the real estate marketplace. Just reading newbie posts on BP can give you a strong indication that fraud and scams are absolutely rampant among wholesalers, not to mention the emails I have in my inbox of wholesalers trying to sell me properties that were already listed on the MLS!

Post: Deadline approaching - Cleveland property tax revaluations!

Christian Carson
Posted
  • Cleveland, OH
  • Posts 400
  • Votes 223

If you bought a property in Cuyahoga County in 2014 or 2015, you may be eligible for a property tax revaluation to your purchase price. This will result in substantial monthly savings. You may be paying too much tax!

Here are the two major benefits of tax revaluation:
  1. 1. Lower property taxes moving forward;
  2. 2. A REFUND of tax overpayments, if any, from 2014 taxes!

Contact Carson Law Firm LLC today to find out about your rights as a property owner.

ACT NOW, because the deadline for filing a complaint for tax revaluation is approaching fast - it's Tuesday, March 31! If we don't get your complaint in by then, you will have to wait until January 1 of next year.

Carson Law Firm LLC can help you prepare and prosecute your complaint.

Call us today at 888-403-1259 or email me at [email protected]. We do work the weekends.

THIS IS AN ADVERTISEMENT. We cannot make any guarantees that you will receive a tax revaluation, or a refund.

Post: How to move around private money?

Christian Carson
Posted
  • Cleveland, OH
  • Posts 400
  • Votes 223

Unless you have a lender who cares about proof of funds, the title company will generally accept a cashier's check from whoever. You should ask your title agent if it is OK, first, however. 

Post: Ohio Investor Friendly Title Company

Christian Carson
Posted
  • Cleveland, OH
  • Posts 400
  • Votes 223

Dear BiggerPockets colleagues and friends,

Carson Law Firm has launched a new licensed title agency in the state of Ohio called C. Carson & Company Ltd. We are now open for business and are able to handle creative arrangements as you bring them to us for real estate closings. Here are just a few examples of the types of services we offer:

  1. 1. Closings for wholesalers
  2. 2. Assignment purchases
  3. 3. Double closings
  4. 4. Owner finance closings
  5. 5. Title searches and guaranties
  6. 6. Traditional and enhanced title insurance policies through Ohio Bar Title
  7. 7. Legal document generation and negotiation services through our affiliate Carson Law Firm.

We are able to handle closings throughout the state of Ohio. Open escrow with us today! Call us at our office at 888-403-1259 or email us at [email protected].

Post: How do I do this properly?

Christian Carson
Posted
  • Cleveland, OH
  • Posts 400
  • Votes 223
Originally posted by @Bill Gulley:
Several issues. Investing in notes is done by an individual or entity with its OWN money.

Notes are not the RE Business, JV, entities, partnerships that are RE may not be fine in finance.

Check your state brokerage laws. Fed laws kick in borrowing funds, you become a financing conduit, a brokerage function.  

If  you have money to buy notes, you have money for a good finance atty, not some part timer who s/he knows. Check with state regulators.

Once again, Bill G. is on the money. There is an incredible morass of regulations and laws controlling consumer residential lending that you may not want to get yourself involved with. You will be responsible for complying with an alphabet soup of federal and state statutes. Here's a great example: if the original mortgagee was required to comply with TILA, but didn't fully comply, the consumer's remedy is rescission (cancelling the loan) plus attorney's fees. 

Post: Four Man Real Estate Investing LLC??

Christian Carson
Posted
  • Cleveland, OH
  • Posts 400
  • Votes 223

Talk to a tax adviser. Texas has some strange LLC taxation laws. A limited partnership is also an option.

Post: LIMITED TIME OFFER! Attorney Document/Contract Review - only $99!

Christian Carson
Posted
  • Cleveland, OH
  • Posts 400
  • Votes 223

Hello friends, clients and fellow investors.

Contract and document review is often one of the first services a client seeks out from an experienced real estate attorney. In order to encourage more of my fellow BP members to take that first step toward risk prevention and safer dealing, Carson Law Firm LLC is running a special deal exclusively for BiggerPockets members.

We will provide you with the following services:

  1. 1. Contract or document review by an experienced attorney (up to 5 pages)
  2. 2. A detailed memo addressing the risk points in the document and any suggested changes
  3. 3. A 15-minute telephone conversation to discuss the document at your leisure;
  4. 4. 72-hour maximum turnaround time.

The cost: ONLY $99!

This is over a 60% discount from the standard fee of $249.

But be sure to act soon, because this special offer expires on Friday, March 27.

I encourage anyone who has never hired an attorney before to take advantage of this opportunity to start a relationship with one at a deeply discounted price. 

We offer three easy ways to hire us:

1. Call the office at 888-403-1259 and speak directly to a representative.

2. Email me directly at [email protected] and I will set you up.

3. Visit our website at www.lawcarson.com and order the package directly:

  • Apply coupon code BP-MAR2015 at checkout.
  • Click here to order the 5-page package for $99. 
  • Click here to order the 10-page package for $228.31.
  • Click here to order the 20-page package for $299.39

We hope to hear from you soon!

TERMS: Offer is available to persons in some way connected with the state of Ohio only. We reserve the right to decline services if the rendering of an opinion about your document or contract would be considered the unauthorized practice of law in your state.  We reserve the right to decline services at the above prices for document review if the contract contains typefaces of less than 10 point font. Offer expires March 27, 2015. Turnaround time does not include weekends and holidays.

Post: Cleveland (Northeastern Ohio) Meet-up Finalized!

Christian Carson
Posted
  • Cleveland, OH
  • Posts 400
  • Votes 223

Aaron,

I'll be there. See you tomorrow!

Post: Ohio Development Services Agency Offers Incentive for Vacant Buildings

Christian Carson
Posted
  • Cleveland, OH
  • Posts 400
  • Votes 223

The City of Cleveland has a similar program called the Vacant Property Initiative. Loans of up to $2 million with up to 40% forgiveness are available for construction and rehab.

http://www.rethinkcleveland.org/Cleveland/media/Cl...

http://www.city.cleveland.oh.us/clnd_images/economicdevelopment/VPI.pdf

Post: Buying a house from my LLC

Christian Carson
Posted
  • Cleveland, OH
  • Posts 400
  • Votes 223

You might have issues with seasoning if you hold property in your LLC and then convey it to yourself to refinance (as will likely be required). They might make you wait 6 months.