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All Forum Posts by: Michael Bracken

Michael Bracken has started 10 posts and replied 109 times.

Post: HELOC or Refinance, which to choose?

Michael BrackenPosted
  • Investor
  • Garland, TX
  • Posts 110
  • Votes 43
Originally posted by @Mitzmichael Sumilang:

@Michael Bracken if I refi first and exhaust that, wouldn't I already be out of equity to get a HELOC? From what I gather a refi and heloc are basically the same equity just paid differently. A refi I would immediately start paying along with bigger closing costs, but a fixed rate over a longer period of time. A HELOC would only be paid once I use it at a higher rate for a shorter period of time. The whole closing costs is a big difference at this point. Trying to see the benefit of paying more closing costs at a refi.

 Yes, you are right. Here in Texas, a Heloc is only for primary residence.

Here is a response I got from @Tyler Hodgson while discussing a refi and a Heloc for myself.

@Michael Bracken why not do cash out refi on primary at 4.5% 30 year fixed rather than a 6% variable heloc. I would be locking in as much 4% 30 year money as you can right now.

If the rental isn't cash flowing with 70-80% LTV you might be best selling that rental to get the equity out and finding a rental with lower taxes. Have you disputed the property's assessed value?

Even on the rental I think a cash-out refi at 5% for 30 year fixed would make sense. I'd rather have $50k in hand with only $100/month in cash flow than spend $40k out of pocket to get $1000/month in cash flow. That would take like 100 months to recapture the cash savings there. I don't know the exact numbers on your property so these are estimates, but I hope you understand what I'm trying to say.

In summary, I'd lean towards cash-out refi on 30 year fixed loans to borrow some cheap money. Hope this helps!

Post: Protest Home Vestors Inc. Trademarking "we buy houses"

Michael BrackenPosted
  • Investor
  • Garland, TX
  • Posts 110
  • Votes 43
"We buy houses" would be a SM service mark as it is not a tangible product. Like for a TM trade mark. The only way to defend a SM or TM is to do so in court. I rather doubt a judge would approve "We buy houses" it's too generic.

Post: HELOC or Refinance, which to choose?

Michael BrackenPosted
  • Investor
  • Garland, TX
  • Posts 110
  • Votes 43
Refi cash out is like money you already have. Heloc is like going into debt while you still have money on the table in your investment prop. Use the refi first, after that's exhausted think about the Heloc.

Post: How ironclad is a letter of intent?

Michael BrackenPosted
  • Investor
  • Garland, TX
  • Posts 110
  • Votes 43

Maybe that's what I'll do. Quite poetic. I can smell the trees.

Post: How ironclad is a letter of intent?

Michael BrackenPosted
  • Investor
  • Garland, TX
  • Posts 110
  • Votes 43
Originally posted by @Jay Hinrichs:

@Michael Bracken well we have to give credit where credit is due.. remember this site is purely personal opinons and experiences  so what works for me may not work for someone else..

pod cast was fun.. I went to a friends studio so I could have all the gear the guys wanted.. they were easy to talk to .

and really nothing earth shattering just my life history  .. and if folks thinks that's interesting well I guess I am flattered to the extreme

 My mom inherited 40 acres of pine woods near the Ozarks in AR. I was inspired from your podcast to develop it someday. Clear the timber, subdivide, water well, driveway etc. Thank you.

Post: How ironclad is a letter of intent?

Michael BrackenPosted
  • Investor
  • Garland, TX
  • Posts 110
  • Votes 43
Originally posted by @Priyanshu Adathakkar:

@Michael Bracken Sorry but ALL commercial negotiations begin with an LOI and ALL LOIs begin with the following verbiage or something similar to it.

"This Letter of Intent shall serve to outline a proposal for the lease of space at XXXX. As more fully explained below, this proposal does not constitute a binding agreement between the parties. It only evidences Tenant’s offer to negotiate in good faith with Landlord for a lease of space in the Center. The basic terms of the proposal are as follows:" 

It also ends with verbiage similar to "Nature of this Letter of Intent: As noted above, this Letter of Intent constitutes Tenant’s offer to negotiate with Landlord. If the terms of this Letter of Intent are accepted by Landlord, this Letter of Intent shall only constitute the agreement of Tenant and Landlord to negotiate with each other in good faith for a lease of space in the Center having the basic terms set forth in this Letter of Intent. This Letter of Intent may not be relied upon by any party as evidence of a binding agreement or commitment between Landlord and Tenant for a lease of space in the Center, and no legal rights and obligations between the parties shall be created or deemed to exist with respect to the Premises until the parties have fully executed and delivered the lease agreement described above."

Any other language therein is not an LOI but a contract and yes those are enforceable.

 I'll check that out. Thank you.

Post: How ironclad is a letter of intent?

Michael BrackenPosted
  • Investor
  • Garland, TX
  • Posts 110
  • Votes 43
Originally posted by @Jay Hinrichs:

it certainly depends on the language in the LOI.. as @Michael Bracken stated some are vague and not really more than an intro letter ... others can be binding.. I am buying a 180 lot developemtn right now and started with an LOI that the owner can't go around .....

like all things depends on contract.

 Gee Wiz! Only a couple days posting and already mentioned by @Jay Hinrichs! FYI loved the podcast!

Post: Owner occupied into investment property

Michael BrackenPosted
  • Investor
  • Garland, TX
  • Posts 110
  • Votes 43

1 year usually. It depends on specific rental permission language in your mortgage contract. While unusual, mortgagees might deny permission to rent out their homes except in emergancys. Remember to check with the city. Where I landlord in Garland, Texas. I have to have a permit. And of course pay a fee! No, lenders wont check it out. Mostly they just want to be paid.

Post: Looking for some advice: Multi unit investment...

Michael BrackenPosted
  • Investor
  • Garland, TX
  • Posts 110
  • Votes 43

Is there a reason you would want to put more that 25% down?

Post: How ironclad is a letter of intent?

Michael BrackenPosted
  • Investor
  • Garland, TX
  • Posts 110
  • Votes 43

A LOI CAN be binding if the language is there and if both parties agree to it. But remember, judges enforce contracts not contracts. So a judge would have to sort out if it was binding and to what extent and where. If your going to court your probably loosing money. Or about to make a bunch! Not my kind of investing ; )