Skip to content
×
Pro Members Get
Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
ANNUAL Save 54%
$32.50 /mo
$390 billed annualy
MONTHLY
$69 /mo
billed monthly
7 day free trial. Cancel anytime
×
Try Pro Features for Free
Start your 7 day free trial. Pick markets, find deals, analyze and manage properties.
All Forum Categories
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

All Forum Posts by: Elvis Vasquez

Elvis Vasquez has started 30 posts and replied 138 times.

Post: Miami Foreclosure Auction

Elvis VasquezPosted
  • Accountant
  • Miami, FL
  • Posts 144
  • Votes 54

Even with a lawyer on your side things can easily go south with Tax-deeds... anyone within the chain of title can challenge your quiet title suit (extremely rare but it can happen).

I'm curious if anyone can explain why Federal IRS liens have a 120 day deadline? I thought Federal liens trumps even Tax-Deed auctions? What state statue allows a Federal lien to be removed? (Why would a state statue over-power a Federal lien?).

If you're going to go into Foreclosures or Tax-deeds you better be damn good in researching titles.

Tax-deeds FYI have a title report you can view for free - Its done by the National Title Abstract Company (you'll find it on the listings).

Your biggest liens will usually be municipality liens (code enforcement, housing standards ,various local agencies,etc..).

 
To learn how to examine titles you'll probably have to learn it on your own - I can give you the general steps and checklist that I've built up from the past year of examining titles (I'm still learning since no one wants to teach me without working for them full-time lol).

https://www.alta.org/media/pdf/CH01.pdf (ALTA has a great sample .PDF to grounded yourself in title terminology)




If there's a big enough demand It'd be cool to have a meet-up and we combine all of our knowledge?

I have a lawyer on retainer that has walked me through the process and given me a short 101 on title research.

you better have a high credit score, good references , and be able to convince someone to lend you money.

Post: Would YOU pay more for seller financing?

Elvis VasquezPosted
  • Accountant
  • Miami, FL
  • Posts 144
  • Votes 54
Originally posted by @Eric Davenport:

Hey everyone!

I am wondering, if you were looking to buy a package deal of 3-4 properties consisting of ~15 units and the owner was willing to seller finance with low money down, would you pay close to market value?

I have made a great contact with a long time real estate investor looking to retire, and am in the process of closing one of her duplexes now. She has many more properties to sell, but has already done the job of finding the deals and adding value. I do not have a ton of capital right now, so buying at 20% down for every property would be a very slow way to grow, and my wife is nervous about borrowing money even from family. Would you buy closer to market value if seller financing and low money down was in place? Or continue to look for value add deals?

Thank you all!

 remember everytime you close on a mortgage you have atleast 6k+ in closing fees.

i'd prefer owner financing or a HML anyday than dealing with banks.

Post: Subdividing parcels Miami - Are sellers willing?

Elvis VasquezPosted
  • Accountant
  • Miami, FL
  • Posts 144
  • Votes 54

http://www.miamidade.gov/pa/property_folio_numbers...


"A parcel may be grouped or separated. Grouping or Separation Request Forms must be filed with the Property Appraisers office by March 1, as well as a homestead exemption application if the property is the permanent residence of the owner.


". The completion of a parcel split request by the Office of the Property Appraiser is for assessment and taxation purposes only and does not establish or constitute a legal land division or in any way guarantees suitability for the parcel(s) to be developed at any future date. The Property Appraiser reserves the right to reverse any previously approved split request on any subsequent year’s tax roll."

What would you need to do in order to establish a legal land division? assuming this is much more than having a clean title, proper survey, and lawyer?

Post: Note/Tax lien purchase: Where am I going wrong?

Elvis VasquezPosted
  • Accountant
  • Miami, FL
  • Posts 144
  • Votes 54
Originally posted by @Michael Randle:

@Elvis Vasquez and @Wayne Brooks, Thank you both for the input. At this point I am just trying to get my head around the complicated concepts and like math, I learn the process by looking at real life examples. Am I right to assume the website to look at in order to view forclosures/tax deeds that would allow a person to own the property outright if successful in bidding is (https://www.miamidade.realforeclose.com)?

I am still confused as to who or what guarantees your % of return on Tax liens?

 The government once the property sells you get your $$$ back (now I'm curious what happens to the tax lien if the owner declares bankruptcy?)

Post: DOT recorded in wrong county!

Elvis VasquezPosted
  • Accountant
  • Miami, FL
  • Posts 144
  • Votes 54
Originally posted by @Larry Bowers:

New here to BP and note investing, and getting baptized by fire. What a pickle I am in. I need advice!


I am the lender on a $50K note that began in early 2017. The note listed a property in its text, but it was not secured. I know that was not wise, but I did correct course: about three months ago, the amount was secured by a deed of trust, but the title company recorded the DOT in the WRONG COUNTY. I just found this out yesterday. I suppose I am not secured after all.

In the meantime, things have gone sour with my borrower; he hasn’t paid me in four months. He is ducking me and being intentionally obtuse. I suspect bad faith on his part if I don’t take action.

As far as he knows, the deed is recorded and he is on the hook to eventually pay me. But if I want to foreclose, I assume the deed of trust must be recorded in the correct county. However, the request to sign a new DOT would alert him that I don't have any leverage. I expect with that knowledge that he would then disappear entirely.

If it matters, the deed was supposed to be a second lien and this is in Missouri. If I could foreclose, yes, there is enough room for me to made whole, even as second lien.  

Is there anyway that I can either get this recorded in the correct county without alerting the borrower? Or is there an E & O insurance the title company has to cover me for their mistake? It’s not my fault the title company recorded the deed in the wrong county.

I haven’t started firing salvos at the borrower or the title company yet. I am coming here first for wisdom. Thanks!

 Just out of curiosity were there any signs that may of shown that the borrower would default on his payments?

How did this guy convince you to lend to him?

Post: Note/Tax lien purchase: Where am I going wrong?

Elvis VasquezPosted
  • Accountant
  • Miami, FL
  • Posts 144
  • Votes 54
Originally posted by @Michael Randle:

@Wayne Brooks So what is the advantage for someone to buy the tax certificate in FL?

@Elvis Vasquez Then you are saying if I buy the tax lien I have no right to the property? Why would they (the government) even offer to sell them if no one is going to buy them? It sounds like someone would have to wait for the property to go to tax-deed auction? Where can someone find information about that process or a list of properties that are up for auction?

 Tax liens just give you a percentage back % which usually ends in bid down wars (@Wanye knows more about it but the general gist is other people can bid down  against you).

Its after a few years of consecutive missed taxes does the property goto Tax-deed sale with the county.

If you want to participate in tax-deed auctions you need a bit of money (40k to start possibly more now - and you'll need a lawyer if you intend on selling the property - have to complete the quiet title process).
 

Post: Note/Tax lien purchase: Where am I going wrong?

Elvis VasquezPosted
  • Accountant
  • Miami, FL
  • Posts 144
  • Votes 54

You can buy tax liens however that doesn't mean you own the property... once there are multiple consecutive years of taxes not being paid then the property will goto tax-deed auction in which anyone can place a bid.


Post: Advice on Florida Tax lien/Deed Auctions

Elvis VasquezPosted
  • Accountant
  • Miami, FL
  • Posts 144
  • Votes 54
Originally posted by @Nikki Garner:

Hey everyone, just FYI I have a long story, but I want to make sure I  understand the process before I go forward. I've been looking into Tax Liens and Deed Auctions. I've found a house on a major highway in my hometown that is been vacant for few years, just for curiosity i looked up to see if the taxes have been paid and what do know, the taxes have not been paid since 2013. So I called and spoke with the Tax Collector along with the Clerk of court to get more info. Anyways I found out the first Tax Lien Certificate from 2013 was held by the County because no one came to bid on it that year.  And that I could in fact buy their Cert. And then apply for the Tax Deed, which they will then hold a sheriff sale.  I was also informed Inorder to do that I would have to pay for the other years that the taxes have not been paid. Which totals a little over 3000. And of course pay for other fees the Clerk of Court request like paying to have it advertised in the paper for a month. All in all I would be looking at paying around $5000. When asked what happens at the Sale and how they determine the minimum bid I was told that basically all the fees I paid to have the process started would be the starting bid. If no one bids on the property then I would become owner after paying for the deed transfer and then recorded, basically more fees.LOL but if someone or more than one person bids on the property I would get back all that I paid for along with 1.5 interest in the amount.  Which isn't much but my thought is at least I would be getting my money back and maybe a little more. To me it seems like there's not much to lose if I decided to try my first tax lien/deed investing. The property appraisers office has the the property value listed at just under $20,000 but because the home was built in 1930's and might need some inside work, it might be less than that but the big advantages is that it's on a paved road right inside town and near commercial properties, heck even if I could make $5000 profit from the sale after I took possession, I would be tickled pink. That's saying if all this works out in the sale/funds of getting this all started.  So my question is, did the Clerk of Court explain everything correctly to me or am I missing a bigger picture and could lose some or all of my money.  TIA

How long did they state it would take for the property to goto Tax-Deed auction? 

https://www.alta.org/education/online-courses.cfm (great place to get a basic idea of how clouded the title is before you bid on your tax liens).


There's 1 situation that would cause you to lose your money in a tax-deed auction (this is alteast what a 6 year UM real estate lawyer told me - I've never heard of it happening from any other lawyer).

If the owners declare bankruptcy the day before the start date of the tax-deed sale you would have to goto court and ask a judge to refund you back your $$$.

Before you start make sure the property title is somewhat clean with a limited amount of liens.


1. Municipality liens (you can order the lien search for $250 or you can go with a title company  - FYI Tax-Deeds in MDC have their title reports in the auction listing - so you can view all the liens/mortgages on the property at that time).

You can search the majority of the lien records online for free using the Clerk of Court - its a pain sometimes due to the glitchy nature of the search engine so you have to spend around 1-3 hours looking through each person who was originally on the title and run their name through code enforcement and liens (you can input the property address but sometimes the liens don't show up so I usually run through all the previous owners.

FPL -  isn't really a lien but they sometimes "charge" a deposit for tenants who never their previous bills - Confirm how much your deposit will be using the "starting new service" tool and select yourself as a renter.

Water and Sewer (you'll have to come up with a situation to "trick" them into stating if there is any un-paid balance on the property - "Hey I just bought this property and I wanted to setup my water" or "Hey I'm a current renter of this property and I would like to setup water" - they may or may not disclose if there is a un-paid balance on the property just depends who you get (you can alternativly file the paperwork for a lien search but it makes no sense to do so if you're going to pay for a title search). 


2. Federal IRS Tax Lien - The IRS has a lien department you'll have to call them during the week and ask them to see if the property you're looking at has any liens on it. Try to get a fax sent to you confirming there are no liens (not fully necessary but I like to have this just in case... kinda over-kill).

 
There's another risk for the quiet title process - If there are a bunch of quit claim deeds on the property anyone in the chain of the title can challenge your claim in court - some state its best to do it before the deadline to file the suit others just file it as soon as they get the property - I'd say file it 6 months before you intend to sell your property.

@Wayne who do you have file your quiet title suits?
  

Post: Miami Foreclosure process (from courthouse auction)

Elvis VasquezPosted
  • Accountant
  • Miami, FL
  • Posts 144
  • Votes 54
Originally posted by @Diana Duncan:
Originally posted by @Wayne Brooks:

IRS liens are essentially a non issue....they have 120 days to redeem (pay you back) and never do, the lien goes away. Your fees are 1.5% to the clerk of courts, 0.7% doc stamps, plus less than $100.

Good to know, thanks for sharing!

if you're going to go through with it setup a LLC to hold the properties.