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All Forum Posts by: John Clark

John Clark has started 5 posts and replied 1278 times.

Quote from @Brian J Allen:

Most states are taxing the CAP Gains as income for another 5%, then you have millionaires tax in MA as well. And then there is the Obamacare tax. The actual tax amount is often not the issue, it is the principal. These are folks who have never had a $50k annual tax bill, so this is unbearable for them. Also, many have pensions and have never even touched their nest egg.

“Unbearable?”


They’re getting a half-million tax break that no other investment gets. Now the rest of us are supposed to pay higher taxes on other income so we can cater to their unreasonable whims? Nope.

I say this as someone who is in this age group and will have this problem soon. Personally, I think that we are being grossly unfair to younger people, and we should immediately get rid of the $500k exclusion and not allow interest deductions on the portions of mortgages over $500k.

Let the prices collapse to affordable levels, the government will eventually pay for your nursing home when you’ve spent down anyway. Just sooner rather than later.
Quote from @Brian J Allen:

There has been growing discussion about how capital gains tax laws are reducing the inventory of homes available for sale in high-appreciation areas. Specifically, homeowners who have lived in their properties for many years may find themselves financially disincentivized from selling due to the tax implications of their appreciated home values.

Consider the following example: A homeowner purchased a house 20 years ago for $250,000. Over time, the home has appreciated to $1.5 million. The homeowner, now older and living alone after the passing of a spouse, would like to downsize to a smaller home or condo that better suits their needs. However, upon selling, they would face a $1.25 million capital gain. Current tax law allows an individual to exclude $250,000 of that gain if they have lived in the home for at least two of the past five years, leaving them with a $1 million taxable gain. With a retirement and Social Security income of $65,000, they could owe approximately $260,000 in long-term capital gains taxes.

By contrast, if that same homeowner had moved every five years, upgrading to a larger home along the way, they would now own a property worth $1 million instead. Their capital gain would be reduced to $500,000, and after the same $250,000 exemption, they would only owe taxes on a $250,000 gain—resulting in a significantly lower tax bill of roughly $55,000.

This discrepancy effectively punishes long-term homeowners who have remained in their properties, disproportionately affecting those who may now find their homes unsuitable due to aging, changing lifestyle needs, or financial strain.

The capital gains tax exemption of $250,000 per person ($500,000 for married couples) has remained unchanged since 1997. If adjusted for inflation, that $500,000 exemption would be approximately $985,000 today. Increasing this threshold would likely encourage more longtime homeowners to sell, freeing up inventory in a housing market that is already struggling with supply shortages.

Revising this outdated exemption would not only provide financial relief to those who need to transition to more suitable housing but also help ease housing shortages by making more homes available to younger buyers. A simple policy update could have a profound effect on housing mobility and affordability, benefiting homeowners and prospective buyers alike.

1. Factor in the transaction costs of 4 sales and 4 buys during that time. Whether you don’t get to keep money because of taxes or because of transaction costs is exactly the same: the money is gone.

2. You get the same long term capital gains in the stock market. Fewer taxes in real estate, though. Why? Because real estate lets you keep $500k tax free.

Taxes are the price we pay for a civilized society. Real estate is taxed lower than most investments 

Post: Advise for managing property of out of state

John ClarkPosted
  • Posts 1,306
  • Votes 1,034
Quote from @Don Aleshire:

Hello, wanted to get peoples thoughts on long distance rentals and how I should best prepare --

I have two 3 unit buildings in Chicago that I have owned for several years. We started house hacking back in 2018 and lived in one unit for 5 years. Prior to our first son being born, we purchased a second 3 unit building and currently house hacking that for the past 2 years. 6 units in total with us living in 1 of the units today. All long term tenants with 0 turn over (so far). My rents are a bit below market rate but no tenant turnover is nice.

My wife and I are looking to move out of Chicago to San Diego in the next 12-18 months. We are currently making roughly $1k per month house hacking all units and would earn a bit over $4k per month with all 6 units + garage spots rented out (Rental income - PITI). Total value of the 2 properties is roughly $1.5M and I have close to $600k in equity.

The buildings are both 100+ years old but I have done my best to do capital improvements over the past several years. Updating pipes, electrical boxes, roofs, appliances, etc. I also have a good network of people I trust (electricians, plumbers, painters, roofers, etc) but I do not have a reliable handy man. I typically do most small jobs myself or find random handymen who do a decent/poor job.

All leasing/property management is done by me today and I think it will remain that way in the future, even from afar. I would farm out my local friends/baby sisters to help do showings if a vacant unit arrises. I also thought about leveraging my Chicago network (friends + neighbors) to keep an eye out of the properties from time to time. All tenant issues would still come directly to me via text/email/call and I can be the middle man to broker the communication with handyman/repairs/etc.

I have handled issues remotely before in the past while on vacation for a few weeks (pipe burst, sink clogs, broken appliances, etc.) While not fun, I have managed to get through the issues and returned home to everything being solved.

My biggest challenge is finding a handyman I can trust for simple/small/medium jobs. How have you found handymen in the past? Where have you found success finding them? Any details you can provide would be helpful.

Since I have the next 12 months to plan for this, I am open to any additional feedback/suggestions on what else I should think about. Based on the cashflow, I think it makes sense to hold onto these versus sell but again, open to ideas. Thanks!

I am not a fan of long distance ownership with your limited experience, especially with 100-year-old houses, even if well maintained. 

I would go to SanDiego several times in the coming year and identify properties to buy when the time comes, and also start getting your properties ready to sell, then get your properties on the market. Then do a 1031/Starker (I’m dating myself) exchange and house hack in SD.
Quote from @Denise Supplee:

I would be very careful with compensating tenant's for maintenance items that were repaired quickly. It would be different if they had to relocate. I have compensated tenants for no heat in cold weather so they could stay in a motel while it was being repaired. Once you offer a compensation such as this, it could be expected. I am not an attorney but would love to hear opinions on whether this practice could set a legal precedent for the remaining lease term?

Ordinarily I would agree, but you have to account for the fact that the tenant saved the landlord a boatload of money by mitigating the leaking roof before it caused serious interior damage.

Also, when I hear of rat infestations, I think of landlords not doing a lot of regular maintenance and housekeeping of common areas.


Precedent for the remainder of the lease under a course of dealing theory? Doubtful, given the  serious nature of the maintenance items.
Quote from @Don Konipol:

 Have your attorney file a lis pendens on the property.  No title co will insure with a lis pendens, and no buyer in his right mind will buy.  It's called playing HARDBALL


 A lis pendens requires that a lawsuit be filed first, since the lis pendens is notice of the suit.

Also, if the buyer is terminating the contract, then title to the property is not in play, so no lis pendens is possible. If the buyer sues to get his money back and gets a judgment, then the buyer can record a judgment lien against the property, but not before.

From the postings, I see that there is a possibility that the buyer has defaulted on the contract. In that case, the seller is right to keep the money, depending on the terms of the K.

Quote from @Chris Renzi:

Hi BP - I have tenants asking for a $500 rent reduction for one month due to maintenance issues since they moved in, in September. The most recent being a leak in the roof, which caused damage to the living room ceiling.  At times a decent amount of water coming through. They were home and were able to manage the situation, so the water didn't make it's way to the floor, which I'm grateful for. However, they weren't happy  about the leak and disruption. Other issues have include; rodent's, which led to two dishwasher hose replacement, washing machine hose replacement, two garbage disposal fixes (one being tenant's fault), and a frozen pipe. I addressed and mitigated these issues within days of notification.

What have others done in a situation like this? I'm happy to provide some reduction, mainly as appreciation for managing the leak and to help make the ceiling remediation/fix process go smoother. I was thinking around $300. That said, I also don't want to sent a precedent they feel entitled to compensation for every maintenance issues.

Note, I'll be selling this property in the near future, which they will have to move out prior to the lease ending. Will have to navigate this situation in the very near future as well. 

Appreciate the insights, 

Chris

$500 seems reasonable under the circumstances. How much did they save you by mitigating the leak before it reached the floor? Don’t be churlish.

I understand your concept, but I would refuse your offer precisely because it can be 100% withdrawn, so you might as well be a wholesaler with no skin in the game. Kant and sophistry and all that

Quote from @Jay Hinrichs:

 1. Surprised you get sellers to agree to that.


2. if sold, the holder of the earnest money should give the money back without hesitation. The contract is now impossible to perform and by honoring a different contract that excludes your contract, the seller has cancelled your contract by his acts. No writing needed.

Quote from @Joseph Kirk:
Quote from @John Clark:
Quote from @Joseph Kirk:
That's not what I asked. I asked when the lawsuit UNDERLYING the lis Pendens was filed. Lawsuits are filed with the court, lis pendens are recorded with the recorder of deeds. The lis pendens should state when the lawsuit was filed.

As for your closing they will probable get a payoff letter, and your title company (NOT the seller or wholesaler) will pay off the mortgage.

 oh i see now. It was filed feb 11th. the county clerk received & stamped it on feb 24th. 

So why are you blaming the title company for not picking up on something that had not been filed?

Look through your documents. There should be something about needing a payoff letter. If there was a closing date set, it was probably contingent on receiving a payoff letter. If it was, you have no complaint -- they didn't receive the payoff letter. If it was set without expectation of a payoff letter being timely sent, then someon screwed up.
Quote from @Joseph Kirk:
That's not what I asked. I asked when the lawsuit UNDERLYING the lis Pendens was filed. Lawsuits are filed with the court, lis pendens are recorded with the recorder of deeds. The lis pendens should state when the lawsuit was filed.

As for your closing they will probable get a payoff letter, and your title company (NOT the seller or wholesaler) will pay off the mortgage.