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All Forum Posts by: Ewan Tong

Ewan Tong has started 4 posts and replied 25 times.

Post: Help! My lawyer says I can't evict them ! A true nightmare !

Ewan TongPosted
  • Real Estate Investor
  • Cambridge, MA
  • Posts 26
  • Votes 5

Thank you all, BPers!

After 10 months, my lawyer eventually got the people out of my house by offering "cash for keys." I am not allowed to disclose how much I offered, but it is A LOT!

Thank you all again for your support. I hope this is a lesson for everyone!

Post: Seller's agent says I can't have a buyer's agent! Is it true?

Ewan TongPosted
  • Real Estate Investor
  • Cambridge, MA
  • Posts 26
  • Votes 5

I haven't signed the P&S yet. I just assigned the offer and the seller signed the acceptance. Is there still any chance that I can bring in a buyer's agent?

Post: Seller's agent says I can't have a buyer's agent! Is it true?

Ewan TongPosted
  • Real Estate Investor
  • Cambridge, MA
  • Posts 26
  • Votes 5

Hi BPers! I am an investor in Massachusetts. I ran into an open house very accidentally and I was so fond of that house that I signed an offer right on spot! Now, the seller and her agent have accepted my offer. And I realize that I should have a buyer's agent to guide me through the process. I mentioned this to the seller's agent but she says I should have mentioned this before they accepted the offer! They now don't allow me to have a buyer's agent! Is it legal???

Any feedback will be appreciated!!!

Post: How to Prevent Fraudulent Claim over LLC Ownership?

Ewan TongPosted
  • Real Estate Investor
  • Cambridge, MA
  • Posts 26
  • Votes 5

Thank you, guys!

Post: How to Prevent Fraudulent Claim over LLC Ownership?

Ewan TongPosted
  • Real Estate Investor
  • Cambridge, MA
  • Posts 26
  • Votes 5

I'm sure this is a crazy question, but how does one prove their ownership of an LLC?

I just filed an LLC in Massachusetts because I want to transfer the title of my property to my LLC. However, it seems that Massachusetts (just like many other states) does not request information on the member(s) nor their percentage interest in the LLC filling. In other words, there is NO ownership information in the government database. According to my preliminary Internet research, people say that this "ownership" is proven in the
LLC's Operating Agreement. BUT...

What prevents a third party from making their own (fraudulent) Operating Agreement in my LLC's name, claiming that it is the owner of my LLC, and selling my property?

Any idea would be greatly appreciated.

Post: Help! My lawyer says I can't evict them ! A true nightmare !

Ewan TongPosted
  • Real Estate Investor
  • Cambridge, MA
  • Posts 26
  • Votes 5

I talked to perhaps the best landlord lawyer in town. He is going to investigate the facts, analyze the laws and come up with realistic options. He quoted me 2 hours x $350/hour = $700 for his legal service. 

I will keep you guys updated.

Post: Help! My lawyer says I can't evict them ! A true nightmare !

Ewan TongPosted
  • Real Estate Investor
  • Cambridge, MA
  • Posts 26
  • Votes 5

@Jonathan David My closing lawyer told me that the title is clear and I got title insurance. The couple is still suing the bank for money, but they have so far not challenged the title. Their lawyer told me the litigation has been going on for five years. I am not sure if they have settled on this. 

If the title is clear, am I entitled to filing a fraud claim against the bank? 

Post: Help! My lawyer says I can't evict them ! A true nightmare !

Ewan TongPosted
  • Real Estate Investor
  • Cambridge, MA
  • Posts 26
  • Votes 5

@Nathan Gesner, all the auction sales I attended in Massachusetts are sold "AS IS". No viewing was allowed prior to the closing. 

Lesson well learned. No more auction in the future !

Post: Help! My lawyer says I can't evict them ! A true nightmare !

Ewan TongPosted
  • Real Estate Investor
  • Cambridge, MA
  • Posts 26
  • Votes 5

Thank you all for support! 

I called 4 landlord-tenant lawyers today. But none of them wanted to touch the case, saying that they have no experience in such complicated case, longtime former owner, handicapped, senior, victim of mortgage scam. 

Eventually, one laywer referred me to arguably the best landlord lawyer in Boston. I am trying to get in touch with him. But I am sure he is going to be very expensive. I researched online and got to know that it took 3 years to evict a similar case in Boston. I am not sure if it is true. ><

Post: Help! My lawyer says I can't evict them ! A true nightmare !

Ewan TongPosted
  • Real Estate Investor
  • Cambridge, MA
  • Posts 26
  • Votes 5

@Joe, sure, I will keep you updated. Thanks to everyone!