All Forum Posts by: David D'Louhy

Welcome, @Samuel Proctor!

Thanks all. 

Widow has had the 3 day notice posted. If tenant pays within that window then widow and lawyer will move to evict from other issues (such as not allowing in contractors to fix the code violations that the Tenant caused).

I have a piece of land that I bought 1.5 years ago that was purchased cash with a General Warranty Deed, with no title insurance. I want to sell it online and then record the deed with the county myself, but am not sure about what deed I use. I don't feel like the property is worth enough to warrant paying for a title search and title insurance so that I can know there are no issues. My understanding is that with a General Warranty Deed, I am saying there are no issues since the property began. But with a Special Warranty Deed, I would just be saying there are no issues since I have owned it, which isn't saying much in 1.5 years.

Would the person I bought it from have just been taking a risk that no title issues came up, or do you think they actually knew nothing was an issue? They too only owned it for a short period of time.

How do you determine what type of deed to use when selling a property? Specifically if buying/selling land of low value, do you use a certain kind of deed and is it worth paying 10% of the cost of the property to do a title search?

Thanks in advance!

Thanks all for your input.

@Carolyn Morales, good to know that you DIY evictions in FL were easy. The Tenant is not related at all. However, he was so needy (time in prison, times without a job, time out of the country, needing help applying for jobs, and on and on) that he definitely had widow's husband wrapped around his finger, bending over backwards for him at his every request. I tried to put an end to the madness and offered to get Tenant out two years ago and Landlord declined.

@Gail K. thanks for your input. 

Can a tenant be evicted even if they catch up the delinquent rent? That was something that he did in the past. Tenant got notice that he would be evicted if he didn't catch up his back rent, so he did and stayed. Like I said before, at this point, widow wants him out of the house because she is tired of dealing with his constant drama. Literally can't even get potential buyers to see the house because he won't give access to the house.

@Chris Carson it is in Tallahassee.

@Mark Ernst Thanks for your response. Original landlord shot themselves in the foot so many times (credit card, loan, etc...) with this Tenant it isn't even funny. It just makes me sad to see widow left to deal with the mess. That is what I was telling widow today: Get eviction process started tomorrow, stay focused, get the few answers you need, don't get distracted. I told them this a month ago too. Glad to hear that I'm not alone in thinking that way. 

I am looking for creative ways to help a family member evict a very problematic and manipulative tenant in Florida. 

Tenant received a $30,000 loan from landlord and hasn't made a payment on that in at least a year. Tenant owes landlord over $10,000 from credit card charges that were agreed he would pay back. Then when landlord died last year, he did another $6,000 cash advance the day after he found out the landlord died. Now, the widow is left dealing with the mess. Tenant shows up at landlord's memorial service and criticizes the family of the deceased. Tenant in the last 2 weeks has claimed landlord agreed to rent a property from Tenant and owes Tenant over $100,000 for it (no mention of it in previous 8 months since Landlord's death). Countless more headaches that are too numerous to mention.

In addition to the above being a pain in the neck, here are the ways I believe the tenant has defaulted on their lease. Tenant is regularly a month or two behind on rent (currently hasn't paid July or August...more on this later). Tenant has denied access to landlord and representatives who need access to the house (contractors to repair things and realtor to show the house to prospective buyers). Tenant has altered the house without permission (including but not limited to removing all smoke alarms). Tenant has done significant damage to the house. 

Tenant wants to buy the house (he has been rented for 6-7 years), but he wants to pay much less than the home is worth, AND to buy it subject to the mortgage. You can imagine with his history of not making payments, that a subject to sale would be a nightmare, so widow has turned down his verbal offer.

Now tenant has blamed landlord (widow) for not taking care of the house and gotten an attorney, told the sheriff, and the city, getting orders to fix things that he has done wrong. One of the things being ordered to fix is installing smoke alarms (which Tenant removed). He says he isn't paying rent because of the issues. My concern is that a lawsuit is coming very soon. I had recommended that family member sue tenant back in January, but they wanted to think the best that he would eventually pay back the loan.

Widow has had a listing agreement with a highly recommended Realtor for 3 months and the house isn't even on the MLS yet. The one time Realtor got in the house, it was a hot mess, so the pictures they took for the listing were kind of pointless. They tried to show it to someone they knew was interested last week and couldn't even get in.

I live 10+ hours away and have 3 kids at home, so I can't easily drop everything to go grind this out. Widow lives 4 hours away and she is tired of this tenant, but it seems like when she tries to do something, Tenant manages to delay, stall, change topic, complain about something so that Landlord can't move forward. 

Realtor is also functioning now as Property Manager and widow now has an attorney as well, however they still haven't seemed to get anywhere in the last 10 days. In my knowledge of the Tenant, he is very sneaky and manipulative, so perhaps he is just a really gifted con-artist. What are some creative ways to evict him so my family member can finally sell this house? (negative cash flow even when he does pay rent)

Besides the few things above, I also wondering if having someone buy the house subject to would at least mean he would have to get out. Does it matter if it is a family member (or an LLC owned by a family member)? However, the lease says that tenant must be gone by 60 days after a sale. I can't believe that got into the lease. That would give Tenant plenty of time to sue widow (home is in her name). I wasn't sure who would buy the house without being able to get inside (he has denied entry to people a few dozen times) unless it was at a ridiculous discount so that it would be a massive short sale. Obviously that isn't good for the widow.

Thanks in advance for helping a widow before she gets sued by this con-artist.

@Steve Vaughan and @Brian Gibbons, thank you both for your input.

Steve, the option ended in a few days.

Brian, do you have any suggestions for Private Lender and JV Partner Marketing? I hadn't really thought of the need of marketing daily for it until this situation came up and I am now seeing how have the private money or JV Partners ready to roll will be as important as having deals in the pipeline.

Thank you again!

Time to get your creative juices flowing...

I have an option to purchase a home in a nice neighborhood and have been looking for a lease-purchase tenant/buyer. I found one that I like that makes sense for cash flow, but I don't have the money to buy the house myself and the seller has already told me that they aren't interested in doing seller financing. I don't have the down payment to buy it. How would you fund this deal? 

25% down payment is $36,250.

With a 30yr mortgage at 6%, the monthly cash flow after PITI would be $660. (the yearly ROI from the cash flow is 21.8%)

Tenant/Buyer would be paying $7,000 non-refundable option deposit down to move into property and there would be a $40,000+ spread of equity between my purchase price and my sell price to the buyer. 

Tenant/Buyer is responsible for maintenance and repairs.  

Any ideas to make it happen? I'd rather make money on some of the deal than none of it. 

I've thought of the following options:

1) Find someone who will loan the down payment and I pay them interest. (use my credit to get a mortgage)

2) Get a partner who will put up down payment money. (use my credit)

3) Get a partner who can use their money and credit to buy the house with a mortgage.

4) Assign my contract to another investor who wants cash flow for some of the down payment.

5) Find someone who will loan the whole amount (or almost all of the purchase) and we either partner or I just pay them interest. 

Any other ideas? Or suggestions?

Thanks in advance!

Congrats! Planning on renting to Liberty students?