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All Forum Posts by: Mark Ferguson

Mark Ferguson has started 247 posts and replied 2799 times.

Post: Texas Realtor Commission Dispute -"Ready, Willing and Able" Buyer

Mark FergusonPosted
  • Flipper/Rehabber
  • Greeley, CO
  • Posts 2,879
  • Votes 1,353
Originally posted by @Russell Brazil:
Originally posted by @Greg H.:

@Russell Brazil

This is a listing agreement dispute and not a buyer- seller dispute.  TRID Regulations would not apply

@Lenna Groudan

Was there a selling agent involved or did the brokerage procure the buyer as well ?

 If the delay in the sales contract was caused by TRID, then that carries over to the listing agreement. Was the agent able to secure a buyer..yes it seems so, but the seller was unwilling to bend to realistic market forces in the sales process (Im conjecturing).  An agent can bring a dozen buyers to a property, but if the seller is unwilling to sell to one of them, has he done the job in which he was hired to do? And how a court rules on this often (obviously not always) does not have to do with the language in the contract, as Ive said before, short delays even in excess of a contractual date do not cause material harm. 

 The problem with this is what is a "short delay"? Is it a week, 10 days, 2 weeks, three weeks, 20 days? This seems like a very arbitrary argument and the buyer missed not one, but two extensions. What is the point of a contract if they can be enforced even though the buyer missed their dates and the seller did not agree to extend? I would love to see the court case where the judge agreed to keep a contract binding when this happened.  

If the buyer needed more time to close than the original contract should have been pushed out to accommodate that time. If they needed more time for an extension the original extension should have been longer. Dragging things out over and over shows me the buyers aren't serious or the lender or agent don't know what they are doing. In any case, the chances of closing do not look good. 

I see no possible way the agent has a claim to the commission. 

Post: How much do you believe your attitude affects your success?

Mark FergusonPosted
  • Flipper/Rehabber
  • Greeley, CO
  • Posts 2,879
  • Votes 1,353
Originally posted by @Elizabeth Colegrove:
Originally posted by @Mark Ferguson:
Originally posted by @Elizabeth Colegrove:

My biggest key to success is that failure/giving up is not an option. Sure I scratch things that don't work. Put myself out and try new thing and reaccess and redo when they don't work but I don't fail. I think a lot of this is training as a military wife. My husband completed a 10 month deployment from 2014-2015 and a lot of things happened. The thing was I couldn't once through a tantrum and say I am done, I want him home NOW. That didn't mean I didn't go ask for help, have some cookies, it meant that I didn't throw the towel. That I think is what has made me successful.

My second biggest key is that my husband and I have a joint goal. Our goal is to be able to early retire at 44 and 42 (which is what I don't give up working towards as discussed in 1) and sail around the world. The eye on this prize has allowed us to stay focus and turn every crazy or lemon situation into lemonaid.

 Very cool! Do you guys review other goals together and review the progress on your current goal throughout the year?

 We don't have meeting a monthly per say we just discuss it often as it comes up to making life decisions, when I get frustrated, etc, etc.

 Haha, I think it would help if you had a monthly meeting to not just discuss that goal, but other goals you have as well. Then maybe you won't get frustrated as much!

Post: How much do you believe your attitude affects your success?

Mark FergusonPosted
  • Flipper/Rehabber
  • Greeley, CO
  • Posts 2,879
  • Votes 1,353
Originally posted by @Stone Teran:

I think those books are garbage because they are using fairly legitimate self improvement advice to sell real estate hype/lies.

It's great that you value goals, willpower, planning, etc.  I do the same thing.  It's important for life success.  If you add business acumen and cash (contrary to what those hype books tell you), you can do well in real estate.

 Are you talking about Think and Grow Rich? 

That is not even a real estate book. It is a book written about 70 years ago on success. 

Post: How much do you believe your attitude affects your success?

Mark FergusonPosted
  • Flipper/Rehabber
  • Greeley, CO
  • Posts 2,879
  • Votes 1,353
Originally posted by @Elizabeth Colegrove:

My biggest key to success is that failure/giving up is not an option. Sure I scratch things that don't work. Put myself out and try new thing and reaccess and redo when they don't work but I don't fail. I think a lot of this is training as a military wife. My husband completed a 10 month deployment from 2014-2015 and a lot of things happened. The thing was I couldn't once through a tantrum and say I am done, I want him home NOW. That didn't mean I didn't go ask for help, have some cookies, it meant that I didn't throw the towel. That I think is what has made me successful.

My second biggest key is that my husband and I have a joint goal. Our goal is to be able to early retire at 44 and 42 (which is what I don't give up working towards as discussed in 1) and sail around the world. The eye on this prize has allowed us to stay focus and turn every crazy or lemon situation into lemonaid.

 Very cool! Do you guys review other goals together and review the progress on your current goal throughout the year?

Post: How much do you believe your attitude affects your success?

Mark FergusonPosted
  • Flipper/Rehabber
  • Greeley, CO
  • Posts 2,879
  • Votes 1,353

I am a huge believer that our attitude and mindset helps us succeed. Think and Grow Rich is one of my all time favorite books and I am re-reading it right now. I was curious how many of you think your mindset and attitude are a big part of your success or non success (I don't like the word failure)? 

Over the last year I had a lot of success, but I didn't hit many of my goals. This is not always a bad thing when you have huge massive goals, but I also think I could have done much better. Here is my plan for the next year to change things, especially my mindset.  

1. Last year I got away from doing a daily routine. I used to meditate every night, write in a grateful journal, plan my next day and visualize my future success. I did this almost every night without fail. I went to bed relaxed, thinking about my goals and thinking about future success. In 2015 I stopped doing this as much. Some times I would go a week or two. I figured with 4 year old twins and everything else going on I didn't have to do it every night. The last the few months I have gone back to a daily routine and already seen better results. 

2. Goal setting. I am a huge believer in big goals. I have my goal to purchase 100 rentals by 2023 and I had  a goal to buy a Lamborghini in 2014 which I did! I continue to make new and big goals all year round. It helps to have a blog where I publish my goals to keep me accountable. part of my daily routine was reviewing my big goals every night. I got away from that a little as well. It did help that I was able to publish a four part series on my goals during the year for Realtor Magazine, but I need to do better on my own!

3. Being positive. Yes, I am a huge believer in being positive. There is too much negativity in this world or at least perceived negativity from the media. I try to be as happy as I can every day. It is not easy, but it sure makes me feel better when I can do that. It makes my family happier, which makes people they interact with happier and so on. It also makes me more successful, because I know no matter how grim things may be it will all work out in the end if I keep at it. 

Thoughts? How many of you are doing similar things?

Post: What is your WHY that motivates you to press forward?

Mark FergusonPosted
  • Flipper/Rehabber
  • Greeley, CO
  • Posts 2,879
  • Votes 1,353

I am motivated by many things. I want to make a difference in the world. I do not want to be average. I want to see that I made at least a small dent in the lives of others. How they think, invest and believe in themselves. 

I also love cars! 

Post: The massive Real Estate bubble that's happening again (with charts)

Mark FergusonPosted
  • Flipper/Rehabber
  • Greeley, CO
  • Posts 2,879
  • Votes 1,353
Originally posted by @Mike F.:
Originally posted by @Vincent Crane:

I think it's pretty obvious that several markets are already overpriced. Denver and Oklahoma city are already higher than their peaks before the crash

Two things to keep in mind about Denver - one was that the real estate market never crashed during the recession, two the continuous influx of never ending population growth of the state.

 I agree. You can't assume a market is over priced just because prices are higher than the peak. The natural rules of economics mean prices will always go up in most areas. Denver and Colorado markets are really strong. People have been moving into Colorado for years and years and years. 

Post: My goals for 2016: 20 flips, 10 rentals, 200 sales

Mark FergusonPosted
  • Flipper/Rehabber
  • Greeley, CO
  • Posts 2,879
  • Votes 1,353
Originally posted by @Joe Villeneuve:
Originally posted by @Mark Ferguson:
Originally posted by @Joe Villeneuve:

The 3 most important rules to setting goals are:

Rule 1 - Understanding that your goals should be financially based, and not based on numbers of properties.  The properties and their financial profiles satisfy your Financial Goals.

Rule 2 - Understanding the difference between:  Goals, Milestones and Steps in between

Rule 3 - Understanding how Goals, Milestones and steps combine, and form your plan.

Without Financial Goals, such as Paying off all your Personal Debt, and having enough cash flow to pay all of your monthly bills, how do you make decisions on what properties to buy...and why?

Without having Milestones, Measurable Milestones, how will you know when you are successful?  How do you know if you are successful?

Without Goals and Milestones, how do you know what steps to take, and how to analyze properties to fill those steps.

Without the resulting Plan, why are you investing?...and why are you wondering why you seem to need 100 properties, or "flip 20 properties and buy 5 holds per year"?

 If I gave you my entire plan it would be about 5,000 words and bore everyone. lol  I gave the highlights.  

The number of properties comes from financial goals. The number of properties is broken down from how much I know I can make on my properties. I make decisions on what properties to buy based on strict criteria I have created for rentals and flips over the years. There are many more goals I have not listed. I have over 100 goals, both big and small.  

100 properties is a fun goal, it is a bigger goal than I first set and it is easily visualized for exactly what it is. Goals can and do change, but I have had a ton of fun with that goal. And it has pushed me farther than I would be without it. I broke down that goal into a 2,500 plus post on my blog if you ever want to see more detail. Flipping 20 properties is a natural progression from where I am now. It is easily identifiable and I know how much I make on each one. 

 LOL.  Mark, the above comment wasn't meant as a comment your original post.  I KNOW your plan was based on everything I said...and like you said "about 5,000) words".

The comments I made were directed towards those investors that really have no reason for their "plan", since it really isn't based on needs...just wants.

I'm on plan #?? right now.  I'm working on financial goals that are achieving my acquisition of my own fun things.  Hey, we earned the right to focus on the fun, since we were responsible and first focused on the needs.  

I don't think most investors realize how fast and easy (a relative term) it can be to achieve these goals...as long as they understand the rules of setting them up.

 I gotcha now. Very true. Most people also have very vaque and broad goals that can't be measured. If you don't know what you want, you will never get it. 

Post: Can I wholesale a bank short sale?

Mark FergusonPosted
  • Flipper/Rehabber
  • Greeley, CO
  • Posts 2,879
  • Votes 1,353
Originally posted by @Account Closed:
Originally posted by @Shawn Holsapple:
Originally posted by @Adrien C.:
Originally posted by @Account Closed:
Originally posted by @Adrien C.:

Actually, you can wholesale whatever you can close on- but is that technically wholesaling or just selling a property you own?!? To put a short sale under contract, a bank will want to see POF and will likely prohibit a sales contract with an assignment clause. So to get around this, you have to close with your own funds. You can market it while you are waiting to close and have a second close same day or soon after. I know a large wholesaling company who pits HUD houses under contract all day long - and pay EMD. The use the 30 days prior to closing to market the property. If they find a buyer, they do a double close. If no buyer, they sometimes walk and lose EMD. But you need to show POF for offer to be accepted.

You are allowed to market a property for sale that you don't own in Indiana?

I guess Nick it depends what you consider marketing and maybe I shouldn't have used that term. Is talking with a few of your cash buyers about the property and giving them details marketing? If it's a listed house or HUD house, they can get in on thMany argue that putting down EMD and having the ability and intention to close gives one equitable interest in a property and thus the ability to "market" it. I feel one crosses the line when they put 4-sale signs in the yard, posts on CL, FB, or any other online site, and/or lists on MLS. Calling a few investors isn't marketing. 

Yes, here in Indiana, one can start advertising immediately upon the accepted contract since you will have equitable control via the earnest money and signed contract.

The HUD training's I've attended even encourage this and are okay with it, social media is fine - as long as there is NO yard sign or other signs placed on the property [you can place them near the property and point buyers to it with the address written on the sign...

Shawn,

HUD's guidelines do not supersede your State's laws, so many licensees misinterpret this.

And what is "equitable control", please find me a legal definition that will stand up in a hearing and/or court proceeding.

Nick 

Actually HUD does supercede some state guidelines like Colorado's law that all houses that sell must have carbon monoxide detectors.

But, I would also argue that HUD does not encourage people to market their homes after they have a contract on them. You can't advertise a different price on Facebook or cragslist before the house is purchased. In fact with HUD it could even be considered a felony since you are dealing with the gov. I am a HUD listing broker. Putting yard signs up anywhere near or on the property advertising it for sale is also not allowed.

Post: Can I wholesale a bank short sale?

Mark FergusonPosted
  • Flipper/Rehabber
  • Greeley, CO
  • Posts 2,879
  • Votes 1,353

the last two short sales I bought had strictions on selling the house. I had to wait either 60 or 30 days to sell it after I bought. You also cannot assign a short sale.