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All Forum Posts by: Bill Gulley

Bill Gulley has started 163 posts and replied 19766 times.

Post: My Take on Every Thread in the Wholesaling Forum

Bill Gulley#3 Guru, Book, & Course Reviews ContributorPosted
  • Investor, Entrepreneur, Educator
  • Springfield, MO
  • Posts 21,918
  • Votes 12,877

@Will Barnard @Jerry Puckett 

Hate the sin, not the sinner. It's easier to forgive those who don't know, much harder to forgive those who intentionally avoid knowing. :) 

Post: PLEASE HELP!!!!!! ASAP

Bill Gulley#3 Guru, Book, & Course Reviews ContributorPosted
  • Investor, Entrepreneur, Educator
  • Springfield, MO
  • Posts 21,918
  • Votes 12,877

Yes, there is a solution, stop making contracts on properties you can't carry before you get sued or fined, you are going to tick people off!

In this really hot seller's market, your chances of getting nailed went up ten times from the slow bland markets of the past, if you are messing with listed properties! Back out immediately!

Then learn how to partner with your real buyer using a tenants in common deed, you make the offer with your buyer, you close with his money, then you sell your interest to him which brings him up to his full purchase price the two of you agreed to. You will need to work with your title/closing company. Learn the types of deeds, how transactions are closed, how to get a contingent contract from your buyer (you promise to buy this property for $100,000, with me on title with you at closing, you put up 75,000 at settlement, after the initial settlement I will sell you my interest for 25,000 on the date of settlement. 

Now, all wholesalers can save their money and go talk to a local attorney who can explain this transaction to you. :) 

Post: Using First Lien Note as Collateral/Hypothecation

Bill Gulley#3 Guru, Book, & Course Reviews ContributorPosted
  • Investor, Entrepreneur, Educator
  • Springfield, MO
  • Posts 21,918
  • Votes 12,877

First check with your bank, then banks and credit unions, but, they will want an appraisal on the property most likely along with your first born.

There are note buyers who will buy a portion of your note, like 4 years worth at a discount, you would need to shop them.

It would be easier to sell the note in whole or in part with a repurchase agreement at a later date. Hypothecation agreements are more foreign to investors here I would think but I think you'd end up with the same haircut if there were any note types here that would entertain this deal. 

Since this is a small deal, not an entire block of notes, how do you ensure any event of default and foreclosure on the note pledged, since you need cash, doesn't sound like you would be able to repurchase in a default?

Post: Can I fix this illegal bedroom issue in a MFH?

Bill Gulley#3 Guru, Book, & Course Reviews ContributorPosted
  • Investor, Entrepreneur, Educator
  • Springfield, MO
  • Posts 21,918
  • Votes 12,877

Pretty simple fix, don't advertise it as being a bedroom, it's a storage room! What a tenant stores in there is none of your concern really. Congrats on your deal, good luck! :)

Post: Getting an LLC before buying

Bill Gulley#3 Guru, Book, & Course Reviews ContributorPosted
  • Investor, Entrepreneur, Educator
  • Springfield, MO
  • Posts 21,918
  • Votes 12,877
Originally posted by @Sean Morrison:

Disclaimer: I am an attorney, but I am not your attorney. This is not legal advice, just friendly information.

This is a question people ask every day. An LLC can be an important part of an asset protection plan, but whether you need it depends on your portfolio and your risk tolerance. There are only three things we can do with risk:

  1. Insure it
  2. Mitigate it (with things like LLCs)
  3. Accept it

And if you’re not doing the first two, then you are by default doing the third.

 Hope I did this right, 

Disclosure, I'm not an attorney! 

Sean nailed it! But, another aspect mentioned, using an LLC which has not been sufficiently funded for its purpose can cause you problems. I have no idea how your jurisdiction thinks, but an under funded LLC trying to conduct business over its head may be disqualified, pulling the curtain wide open and it heads to your personal liability.

If you form an LLC, take care in defining the purpose, I would never use a boilerplate form off the internet, because those will lack detail needed for real estate and I've never seen one that lives a great life as you grow, might as well do it right the first time, see a RE lawyer who probably does business formations. Fund you LLC so that it can operate its main business goal, at least for a few months.

Saying, to buy and sell real estate, shopping centers, skyscrapers, is going to take a big bite, while you certainly include the buying and selling of real and personal property, usually all an investor will need is a management company, that doesn't take much to fund. Then when you buy a property, show the LLC as being funded for that transaction.

Your first few properties are generally pretty safe holding in you name, you can accept the liability that may arise from a single family home or even a 4 plex. Financing will be much easier holding individually, up to 4 properties. Some may say put the property in an LLC later, well, be careful if it has a mortgage, but your LLC can always manage your properties.

Ask your attorney about how sue happy folks in your area are, how many landlords were sued over the past 5 years and for what? Assuming some liability is part of the game, but be prudent. :)

Post: Does fixing the foundation raise the ARV?

Bill Gulley#3 Guru, Book, & Course Reviews ContributorPosted
  • Investor, Entrepreneur, Educator
  • Springfield, MO
  • Posts 21,918
  • Votes 12,877

Well.....lol....as Will mentioned deferred maintenance isn't really adding value, but look at it as retaining value, however;

You actually did add to your new after repair value at least by the amount spent and most likely labor.

That's because; you said you bought it under market value.....actually, you probably paid market value at closing, you need to look at the definition of "Market Value" as used in real estate. 

A close definition without looking it up;

When there are competent parties, having similar market knowledge, where the property is exposed to the market for a period of time to allow an understanding of the property being for sale and available to the public, where the parties acting in good faith reach an agreed price and consideration is fully paid.

That's close enough here.....so, if those conditions existed, you bought it at market value.  When a broken window is fixed, the cost should raise that beginning value, that should be true since your sale price should have included the cost of that maintenance repair. 

When you buy a property, buying right, you need to assess the value, not just the cost but the economic value that must be added to put the property in good condition, a serviceable operating condition. That cost should be taken into account with your offer as a buyer and your agreed sale price. The assessment should be a fair value made in good faith, not added to just to beat up the seller for grins. That gives you a good indication of your acquisition cost to take care of deferred maintenance.

Now, you can estimate cost of other amenities, new stove, cabinets, etc. that add value; this is a cost plus profit analysis, my labor, talent, time and the cost of my lunch at work. You get the idea, when increasing the functionality, durability, life or ability to use the property we are adding economic values, this is where profits should be made. 

Notice, I never said your offer had to be the seller's asking price or that acquisition costs were an asking price less actual repair cost, your arrival at your offer needs to consider all of these aspects in two areas, real costs to repair to an open market condition as well as the real and economic costs to improve the property with your profit. 

All investors want to buy cheap, I get it, so do I, but I don't low ball a little old lady to see if I can get away with it. I actually look at what I bring to the table, my time, knowledge, experience and value that fairly (but it is probably more than newbie, no offense) gives me my needed return, that is where the offer comes from, justified, honest and up front.

So, most likely you did buy at market value but it may have been at a distressed value due to required deferred maintenance and repairs, but that isn't "under market value". Hopefully, the money spent will bring the value up from its distressed sale price, to a higher, more profitable value. Good Luck!

Post: Loan options, cant decide which route to go!

Bill Gulley#3 Guru, Book, & Course Reviews ContributorPosted
  • Investor, Entrepreneur, Educator
  • Springfield, MO
  • Posts 21,918
  • Votes 12,877

Let your parents sell it, then gift the money to you over two years. There is no taxable capital gain for them and you take a gift from parents without tax consequences. See your tax guy, Don't make it harder than it has to be, lol. Good luck :)

Post: My Take on Every Thread in the Wholesaling Forum

Bill Gulley#3 Guru, Book, & Course Reviews ContributorPosted
  • Investor, Entrepreneur, Educator
  • Springfield, MO
  • Posts 21,918
  • Votes 12,877

Yep, only got this far in the thread, LOL, you forgot all of my blistering posts if you go back far enough.

Include the issue of stealing equity or not adding value to real property to justify a higher price. The difference between real property and personal property are not understood, there is a lack of understanding of market value, dealing in good faith, guess that continues because, after all, "Hey, I'm lazy and need money today, I just need deals...... 

BTW, I see it's still the same old dreamer thing with newer faces, want to succeed, cons swoop in, gurus fight over who gets the fresh meat and greed usually wins with desperation.

Hi Don and Will, good to see your pics again.

Post: My Take on Every Thread in the Wholesaling Forum

Bill Gulley#3 Guru, Book, & Course Reviews ContributorPosted
  • Investor, Entrepreneur, Educator
  • Springfield, MO
  • Posts 21,918
  • Votes 12,877
Originally posted by @Don Konipol:

My Take on Every Thread in the Wholesaling Forum

1. Newbie with no Capital want to “begin real estate investing” by wholesaling

2. Current “wholesalers” offer encouragement, general advice, etc.

3. Real Estate Brokers tell OP that wholesaling is unethical, illegal, etc.

4. Other investors tell OP that chance for success is minimal, and that wholesaling is not investing

5. Inexperienced wanna be investors chime in that naysayers are just trying to kill someone’s dream, don’t listen to naysayers “haters just want to hate” , etc.

6. Thinly disguised point man for wholesaling guru states that he had great success only after paying for mentoring with this particular guru.

7. Jay Hinrichs points out that this particular guru was indicted in Oregon for fraud, and is being sued in Washington

8. Don Konipol votes on Jays post

9. OP asks another blatantly ridiculous question

10. #2 thru #8 above repeat again

Post: Wholesaler Pre Foreclosure

Bill Gulley#3 Guru, Book, & Course Reviews ContributorPosted
  • Investor, Entrepreneur, Educator
  • Springfield, MO
  • Posts 21,918
  • Votes 12,877

Note of caution; understand your foreclosure laws, depending on where this is in the process, attempting to pull investor ploys without having the ability to purchase yourself as implied under the contract can land you up against federal law, a lender can clean your clock for interference with an insured depository.

In other words, investors who lack the ability and intent to buy themselves as stated in a contract with someone in foreclosure should stay clear of any attempt of trying to pull off anything except a true a cash sale.