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All Forum Posts by: David Dey

David Dey has started 8 posts and replied 332 times.

Post: South Florida Legal Help

David DeyPosted
  • Investor
  • Lakeland, FL
  • Posts 344
  • Votes 603
Quote from @Ray Detwiler:

My wife and I are looking to get a few out of state properties.  We currently are involved in a few syndicated deals and want to expand a bit.
I have been advised to seek the help of an entity lawyer for how to structure our business.  We live about 40 min from Fort Lauderdale and similar from West Palm Beach.  Anyone have any recommendations? I was really hoping to have things set up by end of October but I can't seem to get traction on this one thing.  Thanks for your help!

Try Jason Sampson at venerable.law

He has a really cool product for asset protection including trust and Wyoming LLC etc.. 
If that is your concern.

Post: Subject to Lender

David DeyPosted
  • Investor
  • Lakeland, FL
  • Posts 344
  • Votes 603

The mtg payment is not removed from the DTI, however you can offset it with several options.

I sent you a friend request along with a title company that understands sub2 better than most of the gurus (and many of the attys.)

Plus since this is in Florida, there are better ways to do sub2 than straight deeds.

Post: Ocala vs Jacksonville investing

David DeyPosted
  • Investor
  • Lakeland, FL
  • Posts 344
  • Votes 603

Having invested in both, there are pluses and minuses in both markets.

Jacksonville is most definitely the more dynamic of the two markets.  However, it is also one of the most unique markets as well, in that neighborhoods change from street to street.

I would recommend that you come to Jax and visit the areas and also find an advocate that is knowledgeable about the city before you take the leap.

Additionally, I suggest hiring an independent professional, such as an appraiser, a second realtor, or an investor whom you vet, not paid a commission but paid as a transaction coordinator, who’s job will be to be a second opinion.

Finally, I suggest that you find your management company, which should not also be your realtor/second opinion, so that you can run the property by them for viability before you make a final decision.


Ocala is a good market as well, with much less volatility, but also not as dynamic.  
However, if you are going to be there for the long play, you are going to be fine there as well.

P.S. I still suggest at least the realtor and management to cover your decisions.

Post: Probate +Pre Foreclosure

David DeyPosted
  • Investor
  • Lakeland, FL
  • Posts 344
  • Votes 603
Quote from @David Wurzel:
Quote from @David Dey:

Ok. So a few pieces of info needed to be clarified.

The most important piece of info.  Was this property the homestead of the decedent?  If it was, and I understood that this was the only item in the estate.  

The only need for a PR is if the estate not counting exempt assets (like the homestead property) is worth over 75k and the probate is happening within 2 years of the descendant’s passing.  (Statute of limitations are your friend)

If this property was the decedents homestead, then even if the other assets require a PR, the home does not.

A simple, order from the judge on a determination of homestead will transfer the property to him.

Further, Florida statute 732.101 states The decedent’s death is the event that vests the heirs’ right to the decedent’s intestate property.

Which means that he can enter into a contract on the property, and crisply can even sign a deed as I have had them do when I buy and pay upfront for the probate, expenses, even paying them their equity upfront and recording the deed while continuing to finish the probate.

All this done with full approval of both the attorney and the title underwriter.

(This is Florida, I can’t say the same for all states but this is how it works in Florida.)

PS I’m in Palm Beach, if you need help on any goofy deals, I have probably done them.  PM me if you need a hand.


 I'll run this by our probate attorney for feedback.  If correct it elimates a few hurdles.  One thing we've realized about probates is every single one is unique.

Again, this is if the property was the decedents homestead.

if it was not homestead and the value is over 75k and was within the 2 years of decedents passing, then the property may require a PR in which case the contract will need to be approved by judge.
(only in this specific situation)

However, in order to save the property from imminent loss, a PR will be allowed to lien the property for a loan to payoff the HOA. 
(you may have to get an emergency hearing to approve the PR to do the loan, but it will be approved as long as the terms aren’t too bad.

Btw like I said, feel free to PM me.  You don’t have to give me the property.

Who is your attorney.  I may know him.

I have done biz with a lot of them in my 25 years of doing this.   

Post: Probate +Pre Foreclosure

David DeyPosted
  • Investor
  • Lakeland, FL
  • Posts 344
  • Votes 603

Ok. So a few pieces of info needed to be clarified.

The most important piece of info.  Was this property the homestead of the decedent?  If it was, and I understood that this was the only item in the estate.  

The only need for a PR is if the estate not counting exempt assets (like the homestead property) is worth over 75k and the probate is happening within 2 years of the descendant’s passing.  (Statute of limitations are your friend)

If this property was the decedents homestead, then even if the other assets require a PR, the home does not.

A simple, order from the judge on a determination of homestead will transfer the property to him.

Further, Florida statute 732.101 states The decedent’s death is the event that vests the heirs’ right to the decedent’s intestate property.

Which means that he can enter into a contract on the property, and crisply can even sign a deed as I have had them do when I buy and pay upfront for the probate, expenses, even paying them their equity upfront and recording the deed while continuing to finish the probate.

All this done with full approval of both the attorney and the title underwriter.

(This is Florida, I can’t say the same for all states but this is how it works in Florida.)

PS I’m in Palm Beach, if you need help on any goofy deals, I have probably done them.  PM me if you need a hand.

Post: How do I buy this vacant property no one is claiming??

David DeyPosted
  • Investor
  • Lakeland, FL
  • Posts 344
  • Votes 603
Quote from @Sariya Saabye:

Need some creative investor help!  There is an attached villa that has been vacant since the owner died 3 years ago.  It was also condemned at that time.  I've done a ton of investigating including talking with an agent, real estate attorney, and going to the county to pull records.  The daughter was put on a beneficiary deed in 2017, but I've talked to her and she says she wants nothing to do with the property.  I found out there is a current mortgage, talked with the company, but they won't give me any info because I'm not authorized.  The daughter won't sign anything to that affect.  She just wants nothing to do with any of it.  She says she just "walked away" from it when her mom died.  I'm running out of options.  I have a distressed property, an owner-ish who doesn't want, and a mortgage company who won't talk to me.  Any thoughts from this awesome community??


These scenarios are some of my favorite to do.

First line of attack, make sure she is the only heir. Build a family tree on ancestry.com

If she is the only heir, she is the one to go to.

First thing, the most obvious reason she is not wanting to do anything is because it’s not real to her. The second reason is fear. In order to make it worth her while you will have to answer both questions to her satisfaction.

To answer the first issue of not being real to her, I use a tool I call flash cash.

I will bring 1-5k with me in $100 bills and when overcoming her first objection, “I don’t want anything to do with it,” I will fan out the cash like a deck of cards and say, “I know this doesn’t feel real to you, but I am actually here to give this to you.”

You would be surprised how many times this will change their mind.

(like in the movie anchorman, like the cologne,”s-x panther,” 70% of the time, it works every time!!😜)

Sometimes the money I bring may be enough to buy the whole place, sometimes it will be the deposit, but in either situation it makes it real.

Second issue, Fear.

The biggest fear I always encounter is the fear that the debt owed against the estate will somehow attach to him/her personally.

I find articles from attorneys that most closely meet their situation and while explaining to them that, “unless they personally signed for the debt, they will never personally responsible for the debt.” I send them the articles to read.

Further, I would point out that everything we do will be through a licensed attorney and the attorney whom I will pay for, still works for them so any question they may have I will be happy to pay for them to speak to them.

Often the articles I find will be enough.

If all this doesn’t work, I would still offer them $500 in exchange for “non-interference.”

There is a concept most people don’t know about, called adverse possession. (Most people know it by it’s slang name, “squatter’s rights.”)

Under this scenario, if you claim the property for a certain number of years and pay the assessments against the property, (taxes etc) and maintain the property for that time. If no one challenges your rights within that time, you can end up the owner.

What the heir is being paid the $500 for is 2 things.

1) to sign the authorization to release information. Then I can hand that to the attorney to speak to them and continue this as a sub 2.


2) Non interference. For the time you are fulfilling the criteria to gain ownership, she will not object or interfere.

Especially because the bank is involved, I can’t guarantee success, but for $500, I’ve spent more on a gamble before with the chance to play.

Look at it this way, let’s say that someone offered you the opportunity to buy a lotto ticket with a 50/50 chance to win 100k.

Would you buy it for $500?

Just some thoughts.

PS the 50/50 is for when all else fails. If I get her on board with flash cash, I’m in and winning!!

Hope this helps.



I just read a post here from a gentleman asking for a lender who would either lend on the down payment of a house, or lend on the entire purchase of the house.

The responses were mainly that there are no hard money lenders that will lend more than 90% of the purchase price.

While everyone responding is technically right about hard and private lenders generally not lending more than 90% of the purchase price, that is not the whole story.

I get the money to purchase properties all the time for both purchase, rehab, and everything in the middle.

And before you say, “that is all private money that you have existing relationships with.”

I have also received full purchase and rehab from hard money as well. (Not every lender will do it but there are those that will)

The bottom line is the secret to getting funded lies in answering the 2 questions EVERY LENDER asks, or for that matter every person looking to invest, from Bank of America, to the guy at 3 am considering on whether or not to buy a shamwow.

There are 2 questions every one of them will ask and if you answer them TO THEIR satisfaction, you will ALWAYS get funded.

On the other hand, if you didn’t get funded, check the questions, this is where you blew it.

And the questions are:

1) what’s my security?

2) What’s my return?

Now I know that for many, this will be a let down as the questions seem to be too simplistic. But hear me out.

When the private lender asks you about your “deal history,” or if you are putting “any skin into the deal,” or when Bank of America has you fill out their 10-03, checks your credit, bank statements and tax returns, they are asking the same question. What’s my security? How am I not going to lose my money?

Again, if you answer that question TO THEIR SATISFACTION, the next question will be relatively simple. You will simply have to either pay their standard rate of return or negotiate a rate that will work for both.

Now here is where it gets to the meat.

If I were to ask most of the seasoned investors who responded to the gentleman about his loan, if they were presenting a deal to “Mr Private Lender,” and he asked them point blank, “what’s my security?”

Undoubtedly, the vast majority would say, “the property along with a first mortgage at a very low Loan To Value.”

While this is a valid answer, this is where most people blow it or at the least fall into the answer unknowingly, which still make this process hit or miss.

The property and the mortgage are the collateral. The security is YOU.

Let’s look at BOA again. The personally look at your credit, you bank statements, your tax returns, etc… The property, they outsource. They are less concerned with the property except as collateral and just want to verify that it’s suitable. The main criteria and the one they personally vet, is you.

Think about this, if they like you, trust you, and believe in you, (in that order which I will explain in a sec) then most if not all the work is done. Now all you have to do is present them with a property suitable and keep your word.

On the other hand, if they don’t like, trust or believe in you, you could provide them the best deal in the world, at 10 cents on the dollar or better and they won’t do the deal with you.

If it is first contact, first they have to like you in order to even give you the time enough to consider to trust you. Once you get to the trust stage, they will consider lending their money, still concerned if they will actually get it back.

By the way, something to think about. The first 30 days after a loan is the most stressful time for a bank. They don’t know if they will get even their first payment, however once 6 to 12 payments have been made, they assume that continuing to pay will be most likely. This is why refi’s are so much easier to do than purchases.

(Side note: a way to fast track your stage from trust and belief would be to close the deal and either the day of or day after the closing, make your first payment. This proactiveness will automatically build up confidence in you.)

Think about this, If the real Warren buffet were to post here an investment opportunity to invest personally with him, I couldn’t imagine a single person here not ponying up to get in line to let go of their money.

On the other hand, the gentleman who posted, put no context into his request and the vast majority of the responses coming from the lender’s standpoint, gave him the standard to sage advice that this wasn’t really a possibility.

Only one person even made a request for more information and only then as part of his response did we even find out that the gentleman has closed deals and had the 20% to put down should it be required. But no one would have known this if it hadn’t accidentally come out.

Would this info at the beginning made a difference? Most likely.

Hopefully this will help some of you get more deals funded by remembering not just to sell the property, but to sell yourselves.

Hope this helps.

Post: How to pitch creative financing to sellers?

David DeyPosted
  • Investor
  • Lakeland, FL
  • Posts 344
  • Votes 603
Quote from @James Hamling:
Quote from @Antonio Bodley:
Quote from @James Hamling:
Quote from @Antonio Bodley:

What do I say in my postcards to pitch creative financing to sellers like subject to with low equity, pre-foreclosures, and expired listings? The same goes for phone scripts. What do I say?


Seriously.... is that a Joke?     

You pitch your PA, via a post-card? 

I do a lot of direct mail and wanted to know what to put on the postcards for people that are in pre-foreclosure. I have used postcards many times and have gotten some call backs from quite a few people. It wasn't a lot, but I did get some responses from those postcards.

 "In pre-foreclosure? I know, it sucks, but I might be able to help make a silver lining to those dark clouds. Give me a call, I help people in pre-foreclosure and I just might be able to help you too". 

That took me all of 7 seconds to come up with. It's not complicated, don't complicate it. 

Very good point.  Plus it highlights the main point.

Highlight the problem the owner is dealing with.
and that you are the solution.

Sub 2 isn’t the solution, you are.

Post: Brand New Member - But Not New to Investing

David DeyPosted
  • Investor
  • Lakeland, FL
  • Posts 344
  • Votes 603
Quote from @Ingrid Hussey:

Hi,
I just discovered this gem of a place. I know I will be spending many a sleepless night on here reading and learning. I have invested in SFR in Ocala, FL and Brandon, FL for the past 15 years. I used to use property management companies, but after having so many bad experiences, I just had to become a long-distance landlord myself. It has it's ups and downs, but it has not been that bad doing it myself. I have been thinking lately of acquiring another property and I know I will be able to find a lot of information on here. It seems like there is a very supportive and friendly atmosphere, which is great. I made another post today about my Ocala, FL property being vacant since July and asking for feedback. So if you have any pointers, please drop me a reply in that post. Otherwise, I am glad that I found you guys and I am happy to be here. And thanks in advance for all the sage advice I know I am going to get.

I completely understand the issues regarding bad property management nightmares.

This is how I have been able to locate good management consistently.

I contact the local housing authority in the area.  This is the government department that handles section 8 and the other various housing programs the municipality has.
I ask them to give me a list of the 3 top management companies they like to work with.

No they can’t give me a recommendation, but they do give me a list of 3 that have a good working relationship with them.

The idea behind this is, if the management company can deal with the more rigorous criteria of dealing with a government agency, they should have no problem handling and exceeding the requirements of a private owner.

As to your Ocala home.  
2 thoughts:

1) even if you choose not to hire a management company to manage your property full time, you can still hire them as a “tenant finder.”

Most management companies are happy to find and screen a tenant for you in exchange for a commission.  (Usually a months rent or something like that)
You can also dangle the additional carrot that, while you may not use them this moment, you might consider using their full time services down the road.  (If they don’t assist you here, chances are they aren’t the right company down the road either)

2) Most of the Florida housing authorities have a backlog of tenants looking to get into section 8 housing.  (You should consider looking there to fill your home)
The reason most people don’t go this route is because of misconception.
Many people conflate section 8 with “hood” housing and tenants.  This couldn’t be further from the truth.

A) section 8 rents are based on “fair market rents” and are therefore usually at or slightly above what you would normally receive, with the added benefit that you are guaranteed your rent by the government.

B) Most section 8 programs are “voucher” programs and can be used anywhere that will accept it.

C)  You do your own application and screening process for your tenants, with the added benefit
that the government has also done a rigorous application and screening process to allow them into the program in the first place.

D) Management is just like anyone else.  If the tenant violates any portion of the lease, you have all the remedies at your disposal as with any other tenant.  The only additional criteria is that if you are evicting the tenant that you inform the housing authority.  
Additionally, a tenant who gets evicted from your home for violation of contract, will most likely get kicked out of the program itself.  This is usually incentive enough to tow the line.

Bottom line, is this is a completely viable tool to add to your toolbox in filling your home.

Welcome to the group and I hope this helps.

Post: New Investor Insurance Questions

David DeyPosted
  • Investor
  • Lakeland, FL
  • Posts 344
  • Votes 603

Call Colleen Pacheco:

https://securedinsurancegrp.com/

I use her for most of my insurance needs.

Also John Galt can help with commercial insurance as well.

https://johngaltinsurance.com/