All Forum Posts by: Forrest B.

@Mason Kelley,

I'm new to BP, but am in the military, and have had experience with military tenants...including a previous similar situation to yours.

If your tenant broke the lease, because her husband has orders, there could be any number of circumstances. It would be worthwhile trying to look into what's going on before making any judgment. For example, if they are a first time couple, inexperienced in military moves, this could be easily explainable (as opposed to someone who's been married for a while). They could have gotten married during his current tour (during which he would not have been authorized to move her to his location until his first move--then he would be entitled to his move plus her move...perhaps she needed a lease to cover her until she knew more about his orders).

Also, due to funding, I wouldn't be surprised to hear that her husband's orders are being issued with very little notice (in the Navy, they're usually issued 6-9 months in advance, but I'm facing orders myself, and will probably get mine about 2 months out)...expect that to cause additional uncertainty. Regardless, if her husband has orders (and is in different location), I would expect her to move (with or without her deposit). If she doesn't think she's getting her deposit back, then she has very little incentive to take care of the property on her way out...trust me, damages can exceed deposits very easily.

I can say from experience, that it would be best to give her the benefit of the doubt, allow her to terminate her lease (issue the deposit after the walkthrough inspection minus expenses), and get another tenant. If you're able to have a conversation with her, get a little insight into her circumstances, and make an informed decision, I think you'll make a decision that helps your peace of mind, as well as your tenant's.

Feel free to reach out if there's any more you need to know.

Forrest Baumhover

Dawn, I just read this (after listening to podcast 29) and am interested in talking with you about setting up a similar partnership as the one you and Mehran have. Since I'm a relative newcomer to BP, is there a way we can set up a separate conversation so you can discuss further and see if this is a possibility? If so, how can I contact you? Forrest Baumhover

I've got a 5-year old judgment in Virginia Beach (total value of judgment, legal, and interest currently around $8,000). I've been able to locate the debtor, who since gotten married & bought a house in the Fayetteville, NC area (thank you Facebook). A couple of complexities in this:

1. Change in marital status probably means that most of her assets are not seizable, unless she's got assets in her name only, since her husband is not on the judgment.
2. Having to export the judgment from VA to NC & go through the legal seizure process.
3. The slight possibility that I may have located the wrong person (although based on the information that I have, I am fairly certain this is the person).

I've tried to see what judgment enforcement companies would be willing to take this on. No one that I directly contacted seemed to want it, but after about a month, someone e-mailed me saying that they'd be interested in buying my judgment (50%/50% split after expenses). I'm kind of skeptical of this person, and not immediately ready to sign over a judgment without a little more fidelity in his processes & capabilities.

Questions for the forum:

1. My research indicates that it's a very straightforward (albeit not always fruitful) process, that doesn't require a judgment enforcement agency if I follow the county's seizure procedures and am willing to pay the upfront costs (probably $500 for court & sherriff's fees). Is there anyone familiar with NC collection procedures (actually having experienced the judgment recovery process in NC), who could give me a little more insight?

2. Assuming the enforcement process is as straightforward as moving the judgment, providing the required notices, then having the sherriff's seizure/auction, the primary risk is that there are no seizable assets. Is there a way to search for assets in a person's name (other than a house, which I've already located), without having to rely upon a third party (judgment enforcement, skip tracer, or attorney), particularly in NC?

3. Does anyone have a recommendation of a person who would be willing to assist?

Thank you.
Forrest