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All Forum Posts by: Cara Lonsdale

Cara Lonsdale has started 25 posts and replied 1363 times.

Post: MN - how to remove unwanted holdover tenant with covid restrictio

Cara LonsdalePosted
  • Realtor and Investor
  • Scottsdale, AZ
  • Posts 1,403
  • Votes 1,471
Originally posted by @James Hamling:
Originally posted by @Cara Lonsdale:
Originally posted by @James Hamling:
Originally posted by @Cara Lonsdale:

COVID only protects for non-payment of rent.  It sounds like you have other issues at play.  I would start the process to evict.

You can always throw money at it.  That can sometimes quicken the process, but it's a hard pill to swallow sometimes.

 OP stated it's in MN, there is moratorium on evictions, and it was criminalized to violate the order so major fines and jail time for violations. Please don't make advisment if not certain of the information/direction given, it could get a person in even worse position. 

You are EXACTLY why we need to be having this conversation.  Misinformation!  You are incorrect.  

Tenants CAN be evicted for other reasons.  Please refer to the link below that is direct from the CDC and is the form used to declare.  Please reference the last two lines in the BOX at the top.  You will see that evictions can still go forward that are not related to non-payment of rent.

CDC Declaration

Additionally, I went to an advocacy site for Minnesota specifically, and it too states very clearly that evictions can go forward for other reasons, other than non-payment of rent.  That link is also below.     

Minnesota Specific

Cara I am actually in MN, work in MN, with the biggest property manager not only in MN, but the US. I advise for literally hundreds and thousands of MN rental units, I have a legal compliance department and offices who's sole job is to read, interpret these laws and communicate with the government bodies directly. I am "the" definition of informed. 

Those instances your talking about where a person could be evicted, did you read them? Serious question, because I HAVE evicted people under those, it requires the most extremes of extreme. I had a tenant who had the drug task force with 14 law enforcement agencies perform a raid on there rental which recovered items that lead to more than 2 dozen felonies. We had our attorney in front of a judge within 2 hours of notice, while I was heading out to the site, the Judge said he wasn't sure if the situation was of the extremity threshold needed to allow eviction during MN moratorium. 

The reality ON THE GROUND in MN is that no, evictions are all but impossible, that is the reality. The government here makes it so complicated and hard to meet requirements, and than gives so many delays in process, judges are afraid to rule on anything more or less even hear the case...... 

I get your reading things from a 1,000 miles away and they might read like a person can evict, I am telling you as a person who has done actual evictions and negotiated almost 30 voluntary surrenders, MN eviction is next to impossible at this time as law stands. A landlord is best served to engage tenants in negotiations, or someone who can do that, or to sell, that's our reality on the ground. 

James, again, you are missing the point.  You claimed that I was advising the OP of illegal activity to evict under a tenant holdover.  Under the Minnesota moratorium language, this is a reason that is provided as acceptable to pursue eviction.  I am just trying to clear the record of your accusations toward me advising illegal activity which is WRONG! 

Whether in practice it is a difficulty, or not is not the point.  You challenged me incorrectly, and I was clearing the record.  AGAIN, I ask you for a link to prove that the links I included (and others also included that ARE located in MN), and you choose to instead give me your resume, and bully me with your arrogant responses.  

 And while I am not in MN, I have holdings in other states.  In fact, I had a holdover just evicted in May 2021 at a property located in Michigan, which has equally strict restrictions for the process.  It was all done through an attorney.  All legal.  A judge signed off on it, and even ordered the court to service the lock out. 

I don't need to go back and forth with you anymore.  You have already proven my point that the moratorium provides for other reasons.  All this other stuff you're throwing at me to bully me, I have no interest in.

Post: MN - how to remove unwanted holdover tenant with covid restrictio

Cara LonsdalePosted
  • Realtor and Investor
  • Scottsdale, AZ
  • Posts 1,403
  • Votes 1,471
Originally posted by @James Hamling:
Originally posted by @Cara Lonsdale:
Originally posted by @James Hamling:
Originally posted by @Cara Lonsdale:

COVID only protects for non-payment of rent.  It sounds like you have other issues at play.  I would start the process to evict.

You can always throw money at it.  That can sometimes quicken the process, but it's a hard pill to swallow sometimes.

 OP stated it's in MN, there is moratorium on evictions, and it was criminalized to violate the order so major fines and jail time for violations. Please don't make advisment if not certain of the information/direction given, it could get a person in even worse position. 

You are EXACTLY why we need to be having this conversation.  Misinformation!  You are incorrect.  

Tenants CAN be evicted for other reasons.  Please refer to the link below that is direct from the CDC and is the form used to declare.  Please reference the last two lines in the BOX at the top.  You will see that evictions can still go forward that are not related to non-payment of rent.

CDC Declaration

Additionally, I went to an advocacy site for Minnesota specifically, and it too states very clearly that evictions can go forward for other reasons, other than non-payment of rent.  That link is also below.     

Minnesota Specific

Your wrong! 

Again, this SPECIFIC instance is in MINNESOTA and specific to MINNESOTA, like I already told you. I agree, YOUR misinformation IS a problem. 

In Minnesota we have a STATE moratorium order, so not only are you promoting wrong information, your actually arguing very VERY wrong information, it's not becoming. 

Minnesota Governor Tim Walz made it a CRIMINAL offense to violate the moratorium, punishable by huge fines AND jail time. 

 James.  Read your Minnesota specific moratorium.  I provided a link.  If I am wrong, please provide me with the specific info citing where you are getting your info as I did for mine.  I haven't posted anything that wasn't backed by proof.

Additionally, you admit in your rant that it CAN be done, but it may be difficult.  So, even you have admitted that the moratorium is not a blanket eviction restriction.  It does come with IFs.  One of them is a holdover Tenant, which is what the OP is dealing with.  Non-renewal of lease is another reason.  These are basically the same thing.

Post: MN - how to remove unwanted holdover tenant with covid restrictio

Cara LonsdalePosted
  • Realtor and Investor
  • Scottsdale, AZ
  • Posts 1,403
  • Votes 1,471
Originally posted by @John Woodrich:
Originally posted by @Cara Lonsdale:

Tenants CAN be evicted for other reasons.  Please refer to the link below that is direct from the CDC and is the form used to declare.  Please reference the last two lines in the BOX at the top.  You will see that evictions can still go forward that are not related to non-payment of rent.

CDC Declaration

Additionally, I went to an advocacy site for Minnesota specifically, and it too states very clearly that evictions can go forward for other reasons, other than non-payment of rent.  That link is also below.     

Minnesota Specific

You posted a link to the exact same thing I posted above.  MN restrictions are more restrictive than the CDC.  And just because you may be able to evict doesn't mean judges are taking the cases....  I know several people who have tried evicting for issues outside of non-payment of rent and have been stuck.  Landlords lost a lot of rights in MN, I am not sure what experience you have in MN evictions but it is far more difficult than the federal moratorium.   

So you just proved the only point I was trying to make.  Landlords CAN evict for other reasons legally.  The courts may be busy or delayed, but there is nothing illegal about proceeding with an eviction based on acceptable reasons.  There was another BP'er that claimed my comments were advising the OP illegally, which is not correct.

Post: 401k vs Real Estate

Cara LonsdalePosted
  • Realtor and Investor
  • Scottsdale, AZ
  • Posts 1,403
  • Votes 1,471
Originally posted by @John Nachtigall:
Originally posted by @Caio Ferreira Torres:

Here’s a bit more about me:

Im 25 (turning 26 in September). I have a 750 credit score. I have 40k debt in student/auto loans. My plan is to start house hacking by September of next year with a FHA 203k loan (already pre-approved for the price range I want). Based on my plan of living frugal, I'll have 40k saved up by September 2022. I will work 40-50 hour a week and I'm willing to dedicate another 20-30 hours each week towards all things real estate. My structural engineering firm works on commercial/residential properties among others. I've read 10 BP books and watched tons of podcast. With that being said, I know there's a lot more for me to learn once I actually start investing (I'm expecting to be humbled haha).

5 year goal (short term): financial freedom. 15 properties cash flowing 54k a year (300$ a month each).

5-15 year goal (medium term): find my niche. Create a unique strategy that I can excel at. Find a way to mix my structural engineering skills into the niche. For example, offer to be part of a clients deal by adding a residential floor to their building (I’m shooting in the dark here but I’ll figure it out).

15-35 year goal (long term): create an empire. Grow exponentially by starting a syndication to fund those deals and more.

Ultimate goal: a million a year in cash flow. Start a non profit and create a small ripple of good in this world.

As you can tell, I believe in the power of real estate. I think of the 401k as a backup plan. I do believe it can give me great returns just not as much as real estate if I’m actively investing (infinite/ridiculously high return with brrrr). If I contribute to 401k I’ll go from 40k saved to about 33k which makes a big difference at the start of my investing career. However, I want that diversification in my investments. I’m looking into taking out loans against the 401k. I’m also considering a delayed start to the contributions. Maybe wait 2 years to before I start contributing. Thank you all for your advice! I’ve carefully read each and every one. And please feel free to add on or comment on my plans! I appreciate it.

Hi Caio, I love your enthusiasm. This is nothing wrong with wanting to change your life and the world for the better. But as a trained engineer, I think you need to fall back on your training with regard to looking at the facts. If people could spend 20 hours a week getting infinite return on BRRRR properties everyone would be doing it. Some thoughts on just the 5 year part of your plan

- The median single family house price in Danbury is 450k. But lets assume for the moment you find properties in the 250k range. You have to by definition, buy with cash because anything you BRRRRR is not financeable. You also need the cost of repair, holding, insurance, etc. So you dont need 40k, you need more like 10x that amount to BRRRR in your area.

- But wait, you say, you will use hard money.   Someone with no relationship to you will give a 25 year old with zero experience 400k or more in cash.   Totally believable.   

- Go to a different area?   Of course now the renovation will be managed remotely and you will need to spend 10% on local property management.   So you have zero experience and you are going to increase the difficulty and do it remotely.  

- 15 rentals means 15 tenet families, with all the associated problems.   And remember you bought cheaper run-down properties in less affluent areas, so the tenets are C-D at best.  Chasing rent, fights, evictions, property damage, etc.   All in 20-30 hours a week

- Oh and you have to source 15 properties.  But they cant be any properties, they need to be distressed owners willing to sell at 70% of current value minus repair costs.   So you have to compete against every other wholesaler in the area for deals.   Every other person who wants to earn infinite returns working 20 hours a week.  So to get 15 properties you need to generate a list of about 1500.   All distressed, all off market.   

Can it be done, absolutely.   The podcasts and books have dozens of people who talk about going from 0 to 100 doors in a year.   Financial freedom.  Dont be a W2 wage slave.   You bet, it can be done.    That, however, is just selection bias.   You don't hear about the tens of thousands of people who tried and failed.   If I asked a room of NBA players if "following your dream" is worth it, they would all say yes.   But what if I asked a room full of homeless?   It can be done, but can you do it?

You will do what you want Caio and that is a good thing.  I wish you all the luck in the world.  I would only caution you that putting a plan into a spreadsheet is much different than executing it in real life.   Good Luck

 This is very negative, and doesn't really provide the OP useful info, John.

Winston Churchill once said, "A pessimist sees the difficulty in every opportunity; an optimist sees the opportunity in every difficulty."

The question isn't whether you can do it or not, Caio, it's a matter of HOW.

I think you have a good plan.  I think you will have an issue with the scale you have planned.  It is very aggressive for a beginning investor with little capital.  You may find that in the first 1-2 years, you get 1-2 properties under your belt.  Maybe your owner occupied and 1 rental.  Or maybe you do both as owner occ properties to maximize your down payment funds.  Keeping in mind that you must live in the property for 12 months to satisfy your lender's requirement.  However, after that, you can convert it to a rental, and not be in trouble with the Lender.  So having 2 properties in 2 years that you only had to pay 3-5% down for is a realistic expectation.  15 in 5 years is a bit aggressive without the capital.

Your plan to start with a purchase for yourself is good (House Hack). The FHA 203K or B is a GREAT product! It allows you to wrap your rehab expenses into the initial loan amount. The only caveat is that the appraisal needs to support the ARV (After Repair Value). You also need to find a contractor that will be willing to cooperate with the FHA terms, which require the contractor to wait for payment until the FHA inspector comes out to confirm that the project was completed. You have the ability to use up to 3 contractors. So, make sure that the ones you choose will be able to do all of the work. You cannot do ANY of the work for this program. The funds are held back in escrow, and are released when the inspector verifies and approves the project. Since this is an FHA product, you could get into this home with as little as 3.5% down. You will have closing costs, but those could also be negotiated, or built into the rate. You may also be able to get a down payment assistance as a first time home buyer, so ask your lender about that. You can't just go to any lender for the FHA 203K or B program. Only approved lenders are allowed to offer these. So, go to the HUD site for the approved lender list.

When using hard money lenders, John is not entirely accurate in his statements. Hard money lenders concentrate more on the project than they do you, this is why they are called asset based lenders. They may look at your experience, but this is likely only going to be reflected in your terms (rate and LTV), not in whether they will do the loan or not. Try saving this option for down the road after you have an established project count under your belt.

It is true that there are great success stories, and also great failures.  However, having a realistic plan, good reserves to fall back on, and an exit strategy will be your key here.  Don't grow beyond your comfort level or leverage yourself to thin. I think in researching the big failures, you will find that they strayed from their plan, leveraged themselves to thin, and didn't have a pivot plan or exit strategy.  Just like any investment, if you aren't strategic, you can and will get burned.

Post: 401k vs Real Estate

Cara LonsdalePosted
  • Realtor and Investor
  • Scottsdale, AZ
  • Posts 1,403
  • Votes 1,471

Never turn away free money.  Contribute up to the company match.  

Check your company's policies for lending and withdrawal so you know your parameters.  Also understand the consequences for each.  Most likely a loan from your 401K could be limited to half of your balance or $50K, whichever is less. Also, if you are ever severed from the company (fired, laid off, or quit) the balance is required to be paid back immediately, or taken as a withdrawal with penalties applied.

If you withdraw from the 401K, there is a 10% penalty if you are not retirement age.  The funds are also taxed.  So, whatever your tax bracket is, will be applied to the withdrawal.  This usually isn't applied at the time of the withdrawal, but will apply come tax time.

Some people will tell you that the costs or penalties associated with these options for using your 401K funds for Real Estate will not make it worth doing it.  Only YOU will be able to determine that for yourself based on the proposed investment.  I would argue that sometimes the cost for taking the hit on a penalty can be just another cost of business when you factor in the proposed gain on the Real Estate investment.  So, you have to run the numbers and figure out if it is a good tool for you to use for your real estate purchase, or not.  That's what they are....tools.  Use them as they make sense.

Also, as a side note, if you ever leave your current company, consider rolling your 401K into a self directed IRA, or even a self directed 401K (if you ever become self employed, or get to the point where your real estate has become a business). This will allow you to purchase Real Estate with the funds, and have more control over what you invest in. This will NOT be an option for anything you intend to occupy as these are intended for investments only. However, you can use them to make purchases for rental properties or long term holds.

Post: MN - how to remove unwanted holdover tenant with covid restrictio

Cara LonsdalePosted
  • Realtor and Investor
  • Scottsdale, AZ
  • Posts 1,403
  • Votes 1,471
Originally posted by @James Hamling:
Originally posted by @Cara Lonsdale:

COVID only protects for non-payment of rent.  It sounds like you have other issues at play.  I would start the process to evict.

You can always throw money at it.  That can sometimes quicken the process, but it's a hard pill to swallow sometimes.

 OP stated it's in MN, there is moratorium on evictions, and it was criminalized to violate the order so major fines and jail time for violations. Please don't make advisment if not certain of the information/direction given, it could get a person in even worse position. 

You are EXACTLY why we need to be having this conversation.  Misinformation!  You are incorrect.  

Tenants CAN be evicted for other reasons.  Please refer to the link below that is direct from the CDC and is the form used to declare.  Please reference the last two lines in the BOX at the top.  You will see that evictions can still go forward that are not related to non-payment of rent.

CDC Declaration

Additionally, I went to an advocacy site for Minnesota specifically, and it too states very clearly that evictions can go forward for other reasons, other than non-payment of rent.  That link is also below.     

Minnesota Specific

Post: MN - how to remove unwanted holdover tenant with covid restrictio

Cara LonsdalePosted
  • Realtor and Investor
  • Scottsdale, AZ
  • Posts 1,403
  • Votes 1,471

COVID only protects for non-payment of rent.  It sounds like you have other issues at play.  I would start the process to evict.

You can always throw money at it.  That can sometimes quicken the process, but it's a hard pill to swallow sometimes.

Post: CAN YOU FIND FINANCING WITH LOW INCOME?

Cara LonsdalePosted
  • Realtor and Investor
  • Scottsdale, AZ
  • Posts 1,403
  • Votes 1,471

First, CONGRATS on being financially free!  It's amazing how little we need when you take out all of the debt in our lives, right?!

The short answer is yes.  You can qualify for a loan for your next purchase.  

By yourself, it may be tougher, but still can work. Lenders look at 29% of income to account for mortgage payment of subject property. Some guidelines allow for more. The debt to income ratio is 43%. That would be the mortgage payment PLUS all other debt (which it sounds like you have none). So, your DTI would be pretty clean. On $2K, 29% is only $580. So, if you found a property sub $75K, you could most likely make that work.

Now here is where the out of the box thinker goes..... search for properties that already have a Tenant in place.  If you put a property like that under contract, the Lender will be able to use up to 75% of the rental rate to add to your income used to qualify you.  So, let's say that the rent is $1200.  The lender will add $900 to your $2000 monthly income to qualify you.  That brings your 29% up to $841.  That should get you into about a $140K property with 20% down.  Again, final payment will all depend on taxes and insurance expenses for the exact property, but gives you an idea of what a lender would be able to do.

Keep in mind that a Lender can only use what you have listed on your taxes (Schedule E).  They can usually add back in depreciation and mortgage interest (which it sounds like you don't have), but any other expenses deducted would mean a deduction in your income that you can use for qualifying you.  Your CPA might have more insight on this as I am NOT an accountant.

Post: What is the best way to Airbnb a mother in-law suit???

Cara LonsdalePosted
  • Realtor and Investor
  • Scottsdale, AZ
  • Posts 1,403
  • Votes 1,471

This is tough.  You either have to have a way of keeping them separate, or including them in the rent.  Otherwise, the long term Tenant can claim that you are stealing their utilities for the Airbnb.

You can do a RUBS system where you figure it by square foot, and divide the bills accordingly.  That is probably your best option.

Post: How to get a loan (any kind) with No Credit Score

Cara LonsdalePosted
  • Realtor and Investor
  • Scottsdale, AZ
  • Posts 1,403
  • Votes 1,471
Originally posted by @Michael Kinsella:

@Jose Antonio Flores

Some HMLs/private lenders don't have credit score requirements.

This makes sense as your credit score is a good indicator of long-term creditworthiness, but in the short term (like the typical term length of a hard money loan) factors like liquidity are more predictive of timely repayment.

Best,

Michael

 Most hard money lenders also don't use your SS to obtain the loan since they usually qualify the property, not the borrower.  So, he would not necessarily be able to establish credit this way.  He would have trouble when it came time to refinance into a more reasonable conventional loan.  So, before going the hard money route, make sure you know how that will report or not report to your credit bureau, and have a good exit strategy planned before you commit to a high interest rate and short term hard money loan.

If short term is the goal (for flips), then this would be a viable option to consider.