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All Forum Posts by: John M.

John M. has started 0 posts and replied 15 times.

Post: Paint cedar tongue and groove and beams?

John M.Posted
  • Real Estate Investor
  • San Diego, CA
  • Posts 15
  • Votes 6
Hi Chris,
Originally posted by @Chris Brown:

Hey all,

I'm working on a contemporary SFH rehab in Atlanta GA that has cedar beam and ceilings only in the living room. My wife says we need to paint it white, but I am not convinced. Obviously selling quickly and at top dollar is the priority.

If you are sure they are cedar (from the photo they seem pine, but I could be wrong) then I wouldn't paint them. In California exposed wood ceilings are a plus. Cedar would even be more so.

You can advertise cedar ceilings but if they are painted over it will raise suspicion in the buyer's mind during the property inspection. Here's a winning solution. If you get a serious buyer who puts cash in Escrow then offer to paint the ceiling for cost, $500, if the buyer so desires. Otherwise leave them unpainted but let potential buyers know you will paint the ceiling if they prefer.

Most similar homes in the area have left them natural and they are still selling quickly. It will only cost me about $500 additional to paint the ceiling and beams.

It's a relatively quick and inexpensive job. So tell any prospective buyer who visits the property that the ceiling will be painted if requested. Be sure the condition is in the Offer and in your Acceptance should it go that far. Be sure the good faith cash placed in Escrow will be more than enough to paint the ceiling AND remove it if the Buyer backs out of the deal at the last minute. Inform the serious Buyer in advance of both costs he will bear ---- painting,--- and removing the paint should he renege. 

Post: Quitclaim signed by former owner AFTER tax deed?

John M.Posted
  • Real Estate Investor
  • San Diego, CA
  • Posts 15
  • Votes 6
Hi Ned ----
Originally posted by @Ned Carey:

I'll add to what John said. If the previous owner did not have clear title then you are getting any clouds he or she had on their title. 

I'm not a lawyer, but I have used Quitclaims many times in California for myself and clients. Tax Deeds are very powerful. I believe in California all previous ownership interests are extinguished, even those existing, if any, prior to the owner who lost the property at the Tax sale. 

Real Estate laws are the legal realm of the States because the Constitution did not specifically give this power to the Federal Government. The point is that each State drafts it's own Real Estate laws and there is no requirement that they conform with other States. 

So, Georgia and the other 48 States could differ with California. The legal thinking in Ca. is that a Lender with an interest in such a property would know long before the Tax sale and foreclose. In Calif. the Lenders can request notification from the County Tax Collector should the borrower fail to pay the property tax. Trust Deed mortgages in Calif. make the loan callable if the borrower doesn't make property tax payments, mortgage payments, insurance payments or maintenance repairs.

If there was a mortgage before them Quit Claiming to you doesn't affect the mortgage holders rights. 

Yes, correct. However in California the Tax Deed would extinguish the Lender's interest if he hadn't protected his interest at the end of the 6 year period for Tax Sales in Calif., to my recollection.

If they had judgments against them, they automatically attache to any title property. Those judgements will come with the quit claim deed. 

Good point. The issuer of the Quitclaim can only give away his interest, not the interest of other parties to the property. This could extend to others with a partial ownership interest.

It certainly can't hurt. I might be a big time/ money saver or maybe not depending on the exact situation.

I am not an attorney and certainly don't know GA law. The above is my laypersons  understanding of the law. See a good real estate attorney in your state.

Post: Quitclaim signed by former owner AFTER tax deed?

John M.Posted
  • Real Estate Investor
  • San Diego, CA
  • Posts 15
  • Votes 6

A Quitclaim Deed may deed everything or nothing. If the Quitclaim issuer has nothing you get nothing, if the issuer has some interest in the property then that would be transferred.  The nature of a Quitclaim deed makes no assurance that the issuer has any interest in the property. 

A Tax Deed on the other hand does transfer a real interest in property. However once the Tax Deed is issued all other claims against the property (except Federal Tax Liens as I recall) are extinguished. 

So after the Tax Deed transfer the previous owner has lost all ownership in the property. The previous owner has nothing to transfer or claim against the property.  So while it is legal to get a Quitclaim Deed in this situation it is guaranteed you will get nothing. 

There may be some variations from California to Georgia Tax Deed laws. 

For clarity consider a Warranty Deed -- this kind of deed warrants that there is something being transferred, if nothing is transferred with a Warranty Deed then fraud has been committed and is punishable under the law.

Post: Am I Being Discriminated Against?

John M.Posted
  • Real Estate Investor
  • San Diego, CA
  • Posts 15
  • Votes 6

Scott, as one of the other posters mentioned. If you owned such a property would you rent it to You and Your 25 year old friends or to two married couples with a 3 or 4 kids?

It's not personal my friend, it's just business. Good Luck finding another place.

Post: Title Insurance a MUST or a BUST

John M.Posted
  • Real Estate Investor
  • San Diego, CA
  • Posts 15
  • Votes 6
Originally posted by @Alfredo Ollivierre:

so to be clear, I need title ins. And property ins when buying properties, correct?

 Yes!! Title Insurance will protect you from Chain of Title errors and omissions including compensation for your loss if the home is taken from you because of a Title defect. Property Insurance protects you from Fire, Earthquake, Floods and Liability law suits. Title Insurance is relatively more expensive than Property Insurance but you only need to purchase it once until you Buy another property. Property Insurance has to be bought every year you own the premises. 

There is a big difference between the risks associated with each type of Insurance and companies have naturally specialized in one or the other.

Post: Title Insurance a MUST or a BUST

John M.Posted
  • Real Estate Investor
  • San Diego, CA
  • Posts 15
  • Votes 6
Originally posted by @Matthew Forbes:

I had a house with a title dispute and Fidelity National ended up defending me in a suit for free.  It cost them 25K (better than the 200K) to buy my house.  To me it's a no brainier.   I have seen the other side of the argument that if you do a lot of deals then it is a net loss over time.  For me it's totally worth it.

 Well said Matthew. Everyone should understand one thing. There are many Title Insurance companies, the majority have been in business for decades (some perhaps a century) --- there is a reason they haven't gone bankrupt and out of business. Now you know the reason too.  ---- I know what you're thinking --- and the answer is "no" I do not and never have worked for a Title Insurance company nor have I ever received monetary compensation from a Title Insurance company. However in the interest of full disclosure I have received numerous Friday cups of Starbucks coffee and donuts from Title Insurance companies.

Post: Title Insurance a MUST or a BUST

John M.Posted
  • Real Estate Investor
  • San Diego, CA
  • Posts 15
  • Votes 6
Originally posted by @Shawn Ackerman:

Should I get title insurance?

Well three questions lol!!!  While doing my due dilligence i found out that the seller owes back money to the local water work to the tune of $1,500.  I was told by the representative that the back money was added to the taxes for the 2016 tax year(No goood) and the outstanding amount stays with the property.  I say all of that to say, Is this the job of the title company to make sure this is resolved before the transfer takes place i.e. closing or do I need to add this as a contingency in the contract?

Thanks for the HELP!!!!!!!!!!!!!!!!!!!!!!

Title Insurance includes a Title search that will uncover all existing liens on the property. The Seller can be required to pay or clear all outstanding liens as a condition of Sale. In the West this is done by an Escrow office, in the East by a lawyer.  IF the Seller can't pay the monetary liens then you can offer to reduce the Selling price to cover the unpaid liens. You would then apply that amount to paying the liens. This can be done through Escrow or a lawyer depending on your location.

Post: Title Insurance a MUST or a BUST

John M.Posted
  • Real Estate Investor
  • San Diego, CA
  • Posts 15
  • Votes 6

Shawn --- you won't get a bank or Federal loan without Title Insurance. When you apply for a loan on the property the bank or broker will automatically add Title Insurance to the Disclosure form. If you tell him or her to take it off they just won't do business with you. 

Title Insurance is essential because it insures you (and the Lender) against any previous owner who may still have an ownership interest in the property. It also protects you against someone who may try to sell a property he doesn't own or hasn't got clear title. 

There are two types of Title Insurance --- Buyer's/Owner's Title Insurance and Lender's Title Insurance. Buyer's/Owner's Title Insurance covers you, the owner or borrower against a loss. Lender's Title Insurance cover's the Lender from any loss due to Chain of Title. 

When you get a loan there will be both policies. However if you have just gotten Title Insurance at the time of purchase then get a loan shortly thereafter  you probably wouldn't have to get it again for the loan. 

If you get the loan at the same time as you get ownership then you should get Title Insurance to protect yourself.

Chain of Title can be long, going back 100 or 200 years covering all the previous owners. If some descendant from a previous owner finds he has inherited a portion of your property through a faulty Chain of Title then you will have to adjudicate a settlement that may cost much more than Title Insurance --- a one time fee.

If you had Title Insurance in the example above then the Insurance Company would cover your expenses to recover in court or compensate you for the money you paid to buy the property. 

Post: Real Estate Brokers is this legal in your STATE

John M.Posted
  • Real Estate Investor
  • San Diego, CA
  • Posts 15
  • Votes 6
Originally posted by @Jay Hinrichs:

http://theriangroup.com/your-home-guaranteed-sold-in-29-days-or-we-buy-it/

In our market in Portland Oregon there is usually one mega agent running this scheme

and I know its kind of an old play  ( at least to us old guys) But I am wondering if this is legal in your state.

Its like buying listings.. and or its very smart you either buy it wholesale or you get the listing.. he is expanding to CA..

He may want to change his mind about expanding to California. Chris Heller "the Home Seller" works for Keller-Williams in San Diego and has been doing this for years.

Reportedly he closes a deal about every 3 days. The Wall Street Journal has described him as the top residential real estate agent in the United States.

As you may have guessed there is no mention in the ads about the relationship between the clients Sale Price and Chris Heller's Price if the listing doesn't sell. Heller has bought lots of houses, I don't know for sure but from the numbers he racks he must have 50 to 100 (perhaps more) houses in his inventory. 

The houses aren't cheap as you might imagine, I would estimate $250K to $1-3 Million. I am sure his inventory is dynamic, selling some as he is buying others. The management and carrying costs of such an inventory must be a full time job for someone. 

He has another angle, one that works for California and might work in Florida, New York, Texas, Oregon and Washington state. He goes after Asian and European clients through the Internet and foreign publications and seminars. California and Vancouver Canada are inundated with wealthy Chinese fleeing (or hedging their bet) by establishing residence in the United States and Canada. I have done some research on this and I believe if not for the foreign cash buyers, now at 27% of California residential sales, the top end of the Golden State's homes would suffer a stiff price decline. 

Last I looked the Chinese are moving into Texas --- big time. They are typically all-cash buyers. Vancouver Canada is another favored destination. Here's an example. A common brick 4 bedroom house with a pool (yes in Vancouver) which would have been worth about $2-3 Million in that very hot market was bought by a just arrived Chinese man for over $4 Million ----- CASH. He wanted it now! - like yesterday.

The house was in a nice neighborhood and well maintained but there was nothing exceptional about it. Imagine a typical 4 bedroom brick house with a pool in a nice neighborhood in Texas that might sell for $150k to $250K.

California has had an indigenous Chinese population since the 1880 railroad boom, some even earlier from the 1849 Gold Rush. The state is known in their folklore from the 19th century as "Gold Mountain". That gives an edge that other states don't have. But it is far from an exclusive relationship. The newer arrivals are looking outside of California.

The political worries motivating the Chinese are also being felt by wealthy Europeans. Remember both the Chinese and Europeans have experienced the devastation of World War and violent Revolution just 1 lifetime ago. American stability, safety and high tech or professional education for their children are primary goals. Next is to start a business in the US with some of their "residual" cash.

Post: Cracked Foundation

John M.Posted
  • Real Estate Investor
  • San Diego, CA
  • Posts 15
  • Votes 6
Originally posted by @Kristina Modares:

Hi everyone!

I own a rental home in Mableton, Georgia and I recently received a letter from my insurance company that said "foundation has cracking/missing foundation. Debris under screened porch" and that I have one month to address.

Did the insurance inspector provide a diagram with the exact location of the "crack"?

The idea of a "missing foundation" sounds humorous to me a Californian since most, but not all, of our homes have concrete slab foundations. Your house floor may be supported by 12 inch to 18 inch brick or concrete pylons. One or more of them may be cracked or missing. Call the inspector or the insurance company --- whichever is listed on the letter you received. 

Find out exactly which pylons are missing or cracked ---- make them prepare an exact diagram so you know exactly what to repair. Ask if you can get a second opinion from another inspector. Ask for a time extension. That way you can search for multiple repair estimates. 

"Debris under screened porch" will require someone getting on their belly and removing the debris with a rake, through one of the small service openings along the perimeter. Find out exactly which one(s) is closest to the "debris" found by the inspector.