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All Forum Posts by: Bryce Davis

Bryce Davis has started 25 posts and replied 110 times.

Post: Waiting Period Quiet Title Action

Bryce DavisPosted
  • Los Angeles, Ca
  • Posts 113
  • Votes 17
Originally posted by @Steve Morris:

"I was told that I need to wait two years after the intial property tax auction bid date to start the Quiet Title?"

Two years seems long since the taxes are paid.  In OR, you have like 90 days for redemption.  Does he mean probate?

 I was told a year in my state. However I would consult a qualified lawyer. Not just a real estate attorney. A lawyer that has performed quiet title on hundreds. 

Post: Waiting Period Quiet Title Action

Bryce DavisPosted
  • Los Angeles, Ca
  • Posts 113
  • Votes 17
It is in South Carolina


Originally posted by @Bruce Lynn:

In what state is your property.  There might be alternatives.

Post: Waiting Period Quiet Title Action

Bryce DavisPosted
  • Los Angeles, Ca
  • Posts 113
  • Votes 17

I purchased a property in Dec 2019 and legally took possession in January of 2020. I contacted an attorney today to start the quiet title action. I was told that I need to wait two years after the intial property tax auction bid date to start the Quiet Title? He also said the usual cost was around 2500 for a estate quiet title.

Is this Accurate?

Post: Waiting Period Quiet Title Action

Bryce DavisPosted
  • Los Angeles, Ca
  • Posts 113
  • Votes 17

I purchased  a property in Dec 2019 and legally took possession in January of 2020. I contacted an attorney today to start the quiet title action. I was told that I need to wait two years after the intial property tax auction bid date to start the Quiet Title? He also said the usual cost was around 2500 for a estate quiet title. 

Is this Accurate? 

Originally posted by @Kevin Nichols:

@Bryce Davis I've bought several lots and homes in my county.  Per my attorney:  "mortgages lose their lien unless the delinquent tax collector made an error and didn’t give the bank(s) notice."

Never had any issues with previous lien holders.

 I understand but none of the liens I mentioned are removed. Only mortgages. 

Originally posted by @Kevin Nichols:

@Camille K. . Tax liens supercede any prior liens.  So if you bought a tax lien on a parcel that had a mortgage or other liens, those previous liens are wiped out.

That's why banks make often pay any delinquent taxes on properties they mortgages on...even if the parcel owner doesn't pay.

 With all due respect your giving people WRONG information. Have you ever purchased a property at auction. You are liable for liens. You even liable for liens due to the county cutting grass. You also could be liable for inheritance tax. 

Federal Tax Lien
When the Internal Revenue Service (IRS) determines that an individual or business entity is delin-
quent in paying income or other federal taxes, a delinquency notice and a demand for payment is sent
which is due within ten days. If the taxes due are not paid within ten days, a lien is automatically
effective against property of the taxpayer as of the assessment date. Notice of the lien is filed by the
IRS in the real estate records in the county where real property owned by the taxpayer is located. If
the property is sold without discharge or release of the lien, the subsequent owner must pay the past
due taxes and obtain a release from the IRS or risk losing the property for non-payment of taxes.
As with past due ad valorem taxes, the usual method to obtain a discharge or release of a federal tax
lien is to pay the past due taxes unless the statute of limitations applicable to the lien has expired or
the lien is otherwise defective or unenforceable. If the tax lien has expired or is otherwise defective or
unenforceable, a title company working with a nonprofit which wants to acquire the property may
agree to issue an owner’s title policy without reference to the lien; however, it may be necessary to
obtain a judicial determination that the lien is unenforceable through a declaratory judgment or
similar action.

State and Local Governmental Liens and Assessments
Various governmental entities have statutory rights to assess property owners and file liens against
properties for nonpayment of taxes or other assessments. These rights are described generally below. If
a nonprofit wants to acquire a property which is subject to one or more of these types of liens, it should
always inquire if the governmental entity which holds the lien has any special programs or exemptions
for nonprofits intending to develop the properties for charitable purposes which may enable the non-
profit to obtain a release of the lien for less than the face value of the indebtedness secured by the lien.
The City of Dallas, for example, has offered a program for nonprofit housing organizations whereby
health and safety liens are released if the property is used for affordable housing.
General State Tax Liens
Each county clerk maintains a State Tax Liens record or book in which notices of state tax
liens filed by the Comptroller of Public Accounts are maintained. A lien attaches to the tax-
payer’s non-exempt property for taxes due to the state such as sales taxes, excise and use taxes,
franchise taxes and gross receipt taxes. Releases or discharges of the liens must be negotiated
with the Comptroller of Public Accounts.
Municipal Liens
Cities have the power under certain circumstances to assess property owners and to file the liens
against properties, including: (i) paving liens; (ii) weed liens; (iii) dangerous structure liens; (iv)
utility liens; (v) plumbing and sewer liens; (vi) swimming pool liens; and (vii) clean-up liens.
The requirements and limitations of each of the types of liens is determined by applicable
statutes, as well as the priority of the liens in relation to other liens of record such as tax liens
and mortgage liens. For example, a city has the right under the dangerous structure statutes to
request that the owner of an unsafe, open or abandoned structure restore the structure to a safe
condition. If the owner, mortgagee, or lienholder does not remove or repair such buildings, the
city may do the necessary work. The city then has a lien against the property to which the
buildings were attached in the amount of the expenses. If the city gives all appropriate notices
to each mortgagee and lienholder as required by statute, the lien is a privileged lien subordinate
only to tax liens. Such a lien can be removed or released by either paying the demolition costs
if the structure was demolished or, if it was not demolished, by making the building safe and
passing an appropriate inspection. Since this type of municipal lien would be subordinate to a
tax lien, a foreclosure of a prior tax lien would extinguish or terminate the lien.

County Liens
Counties may adopt procedures to abate various conditions in unincorporated areas in the
county including accumulation of open rubbish, abandoned vehicles, and appliances; unsan-
itary conditions likely to harbor mosquitoes; weeds; unsafe or hazardous structures; aban-
doned swimming pools; and fire hazards. A county may assess the cost of any abatement pro-
cedures and obtain a lien against the property to secure the assessment. The commissioners
court must file a notice that contains a statement of costs, a legal description of the property,
and the name of the property owner, if known. The lien attaches when it is filed in the real
property records and is inferior to a previously recorded mortgage lien attached to the real
property.

Public Improvement District Liens
Governmental entities have the right to form various improvement districts to carry out pub-
lic improvement projects to promote the health, safety and general welfare of residents,
employers, employees, and consumers in the district. The districts have the right to impose
charges or assessments against property within the districts to pay for the costs of the public
improvements. The assessments are secured by liens against properties within the district and
are discharged when paid. Examples of such liens are: (i) Public Improvement District Liens;
(ii) Municipal Management District Liens; (iii) Wind Erosion District Liens; (iv) Ground
Water Conservation District Liens; (v) Water Control and Improvement District Liens; (vi)
Standby Fee Liens; and (vii) Special Water Liens.

Post: Taking possession of a property Jefferson County AL

Bryce DavisPosted
  • Los Angeles, Ca
  • Posts 113
  • Votes 17
Originally posted by @Anastasia Jordan:
Originally posted by @Mario Am:

@Anastasia Jordan

so even if it is abandoned I need to file an ejectment?

How long an ejectment take and cost?

And can I do it myself or need an attorny?

Thank you

Yes, even if it is abandoned. You need either a QCD from the owner on record or a court order to legally take possession. If the property is in your personal name you can file the ejectment yourself for less than $400. If you put it in an LLC/corp name you will have to hire an attorney. I do not know what attorneys charge cause I've never had to pay.

 Fastest I've seen an ejectment go through was 37 days I think. 

 What is a QCD?

Post: Opportunities in real estate investing in ARUBA

Bryce DavisPosted
  • Los Angeles, Ca
  • Posts 113
  • Votes 17

Review of Kenrick Lumenier and Aruba. I personally would look elsewhere unless you got tens of millions. 

I would not recommend Kenrick Lumenier  to anyone wanting to invest to Aruba.

I am sure he will reply to this but I thought about it for a week and decided I need to provide my experience to the group. 

I am always looking for real estate investments since I have lots of properties in the United States. I am looking at making significant investment is a Caribbean island where I will live part time and develop a corporation. I contacted Kenrick since it looked like he was responsive to this group and knowing someones posture is better than cold calling a realtor. 

I provided the properties and a general type of property I would be interested in when I got to Aruba a few weeks before my trip. I was interested in houses that needed rehab but also houses which had a view. Kenrick suggested not buying a house but buying a condo since you can get in early and then resale it after a couple years and make a profit. As someone that has done very well in real estate I know the value of land. I have purchased condos before but that usually is get in early, pay hoa fees, and wait a couple years. You will net about 20% after all the HOA fees, lawyer fees, and real estate fees. Therefore after expressing this to Kenrick he provides me with a couple properties that are sparkling new one million dollar homes. Gorgeous houses but not a wise investment by far according to the comps. I decide to do my own research and start provided him properties I am interested in. I receive no feedback, however, I am used to this. After all as a investor we learn to do most of the work and not depend on others.

I mentioned to him the dates I am coming to the island and that I would like to be shown investments areas and a couple houses. I arrive and try to get in contact with him. He has my email address and I also provide the hotel I am staying at. I dont hear from him for days therefore I take matters in my own hands. Our team rents their own vehicles and tour the island, we get our own perspective and talk to locals. We even hired a guide to show us the area. I reached out again to request seeing a couple properties. I receive an email with pictures of the properties, the exact same thing we could pull up from MLS. I asked to be shown the area and the properties and I get a reply back that he tried contacting me several ways the day before we were scheduled to leave.

After I got back we decided to rent a property for a year until we found exactly what we are looking for and have not heard back from Kenrick. 

We did all the work ourselves and got to know the island really well. Personally I thin Kenrick is a good guy but it is probably used to selling condos, quick, easy, and the investor is happy. I also feel he functions on island time, most of us investors do not function on island time.

Thoughts about Aruba. Unless you have "tens of millions" the only real investment area is the area around the hotels. That is where the airport is near, the cruise ships, and the hotels. That is where the beaches are that you read about. Yes there are other beaches, but people are lazy and they don't want to leave their hotel. I know you are thinking that is not me, etc... We asked everyone we ran into if they ever went over to the other part of the island, have they ever went four wheeling in the parks. Not one person had left the resort we stayed at for an average of fifteen years. Crazy! However, I am witnessed that in most Caribbean islands. The eastern part of the island is pretty but it has a prison on the water. Yes, the guards could actually walk to the beach if they wanted to. Therefore even if someone dropped millions there, it would be a hard sale. Who wants to buy a property that is near a prison! What if they broke out! The northern part of the island i a national park, YOU CANNOT BUILD. Also the beaches are very rough, think the worst part of California. They are beautiful, but you would never want to swim in them. The middle part of the island is where most of the locals live, it would take allot of money to turn it around. Not to mention there are oil and gas industries ruining the view. Citgo in 2016 signed a 25-year lease contract with Aruba to refurbish and operate the idled refinery. Therefore your choices are limited and will take serious money to do so. 

Prison East

Oil Refinery in Middle

Post: Business Name for Tech Business

Bryce DavisPosted
  • Los Angeles, Ca
  • Posts 113
  • Votes 17

Would love to hear your thoughts. I started a tech business and also made a website and wanted to get your feedback.

I thought about changing the name to make it more memorable and to tell exactly what the business does. 

Currently it is named:

BrySys

BrySys.com

Do you like the name? What are your thoughts? Do you have any suggestions?

Post: Tax Auction in Trust Estate Name

Bryce DavisPosted
  • Los Angeles, Ca
  • Posts 113
  • Votes 17

thanks for all the great information