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All Forum Posts by: Jose Fernandez

Jose Fernandez has started 2 posts and replied 21 times.

Quote from @Marc Brandon:

Nathan thanks for your response. The security deposit was $1,200, but here in Florida, attorney's fees and costs are recoverable to the prevailing party in cases concerning security deposits. (FL statute 83.49.)  If the landlord is making a claim against the tenant's security deposit, he/she must send a written notice to the tenant's "last known address" within 30 days, via certified mail.

In this case, since the tenant did not pay her last month's and stopped communicating with me, I obtained an eviction judgment. The tenant did not challenge the eviction, but apparently hired an attorney who filed a few documents in the eviction case, but I never received any of these documents.

Later I learned that the attorney convinced the tenant to assign her rights to make a claim for the security deposit (presumably because she could not pay the attorney) to an LLC that the attorney created. As previously stated, I never received a copy of the notice regarding last known address change for security deposit. More than 1 year after obtaining the eviction judgment, the LLC sued me for not returning the security deposit and/or not sending the notice to impose a claim on security deposit to the LLC's address in another Florida county.

Though I sent the notice to the tenant's last known address, via certified mail, I cannot prove that the attorney never sent me the address change notice and therefore run the risk of losing the case at trial. If this happens, the attorney will probably seek thousands of dollars in attorney's fees and costs, far greater than the security deposit.

This is incredibly frustrating since this attorney filed many of these type of cases against landlords throughout Florida!!!


 Hmmmm......you should be able to prove that you sent the notice to the tenant through certified mail. If it came back to you as undeliverable, then you can show in court that you did your part. You made a sincere effort to contact the tenant. You gave the required notice within the 30-day period. If the tenant was not there or did not leave a forwarding address, then that is on the tenant (not you).

It is not up to you to prove the attorney sent you an address notice change. It is up to that attorney to prove they sent it to you. Who knows if it was sent or if it was even sent in time.

The attorney or tenant could have picked up a phone to call you at any time, but they chose not to.

I would find a real estate attorney and argue this in court. 

Quote from @Gino Barbaro:

I've been obsessed the past decade on trying to understand why some people become financially free, while the majority of the population is living paycheck to paycheck.

I just launched a book called Baby Money Soldiers, which is a book on personal finance, that shares the story on how we all need to be "Generals" of our financial army. It's a great way to teach young adults about money and finance.

I would love any feedback on what you think are the main forces holding people back from becoming financially free. I'm always trying to create content that will help people make more money, and start driving towards their soul purpose.

Thanks for taking the time to read this and to share your thoughts.

I believe People With Financial Intelligence Can Change The World For The Better".

Exposure to the financial tools / methods to achieving that financial freedom. I grew up in a house where my parents watched CNBC / Bloomberg and followed the stock market on a daily basis. So, the stock market was familiar to me. Hearing financial jargon was familiar to me. If a child grows up in poverty and sees both parents working minimum wage jobs, then they will probably come to believe the only way to earn money is to work that minimum wage job. I would say MOST children are never exposed to financial literacy in the house or in school. Therefore, their education on finances is never tickled.

I would say most people who enter the workforce and are lucky enough to be offered some type of retirement package (401K or pension) have no idea how to choose from the many options they are given. They are dumbfounded and just blindly pick how much of their money should go into what fund.

Most people learn through the school of hard knocks and many never venture into truly digging in to pick the investment product that has the greatest chance of yielding the largest nest of eggs. By the time those who have finally grasped a good handle on finances, 50 years have gone by. It is now too late to take advantage of the thing that will really grow my wealth (Time).

I think early exposure to financial literacy is key. Start from pre-K and they should be exposed to it EVERY year of their formal education (as it may be absent in the home). Pre-K, Kindergarten, Elementary School, Middle School, High School, and College / University. Financial Literacy should be REQUIRED at EVERY level in this country.


Post: 1031 Exchange Process

Jose FernandezPosted
  • Posts 21
  • Votes 11
Quote from @Ash Hegde:

@Dave Foster would be a great person to talk to/work with, he really knows his stuff on 1031 exchanges.  


 Thank you

Post: 1031 Exchange Process

Jose FernandezPosted
  • Posts 21
  • Votes 11

Hi Everyone,

It is a good possibility that I end up selling one of my properties. If I do, I will look at doing a 1031 exchange. Who can/should I use as a qualified intermediary? 

Feel free to share any insight into the 1031 exchange process.

Thank you

Quote from @Michael Sprouls:

Hello everyone, nice to virtually meet you all.

This is my first post on BP, and I write professionally, so I apologize for the longwindedness. A little background: My wife and I have gotten very interested in REI recently. We're learning all we can while simultaneously searching for our first investment (I'm on book 3 of 5 that I picked out to read). We both attended University of Central Florida and lived in a house that my parents bought for my sister and I while we got through college, and the idea of student rentals intrigued us. We both still live in Orlando and are familiar with the UCF area. UCF is now the second largest university in the US with 70,000 or so students, and apartments are springing up everywhere. It seems safe to assume there's a market, but obviously we'll need some more research to confirm that.

We both have degrees in graphic design and work for Universal designing theme parks (with some on-site experience for both of us). I also have an MBA. We feel like this gives us a pretty good background to start, but by no means do we think we know everything we need to yet.

The area around UCF has improved quite a bit in the last 10 years and home prices have risen considerably, but it seems like there are still some promising areas to find deals. We came up with a few questions we've been wondering.

- Of course it's always important to find great deals, but how "great" is necessary for student rentals? I.e. We'd love to buy low and add value, but if the numbers seem to work on a turnkey property, is there a reason not to go that route?

- How risky are student tenants? We were pretty good kids in college, but of course we had parties and made our share of messes. I can handle some college shenanigans, but I'd also love to hear some horror stories if anyone has one.

- What sort of turnover can we expect? The idea of a natural turnover seems more of a benefit than a drawback to me, but I'd love to know some rules of thumb for just how frequent can be expected. 

Any other best practices or things to consider are of course welcome. Is there anyone with experience in this niche? Or anyone with experience in Orlando? We'd love to chat any time.

Michael


 UCF Grad here now living in Tallahassee with 1 student rental. My student rental is a 3/2 house. I rent by the room and each tenant gets their own lease. I find students to be less risky because I have every one of them use their parents as a Guarantor. I also make the Guarantors go through the screening process (background checks, proof of income, etc.). 

Regarding turnover: This depends on whether you have them sign a 1-yr. lease, Semester lease, 10-month lease, etc. If your rental is well priced, in the right location, and you are proactive and responsive, then they will want to stay with you as long as they can. If your rental is in disrepair, you overcharge, and the location is not good, then they will want to leave as soon as the lease is up. If you take in Seniors, then they will graduate within a year and turnover will be high.

If you rent by the room (just like a quad in on-campus housing), then you will generate more revenue than if you treat it like a SFR.

Welcome to the world of investing!

Quote from @Terry Tokash:

Should I list a property over The Weeknd of 7/4 or wait until the following weekend? More people are off, but will they be busy and the listing get lost in the sauce of festivities?


 List it now. I am always looking at properties (Christmas Day, Easter, July 4th, Birthdays, Weddings, vacations, etc.). I'm sure those who are looking to buy are also looking 24/7/365.

Quote from @Kevin Kim:

Hello everyone,

Sometimes, we have prospective tenants who are LGBT couples. Since I am not very familiar with their experiences and perspectives, I would love to hear from those of you who have had interactions or experiences with LGBT tenants. Any insights or advice would be greatly appreciated!

Thank you!


 You treat EVERY prospective tenant as a human being. No matter who applies, you follow the protocols of the objective process you have in place. Hopefully, your process is legal and absent of any biases.

If you are having trouble meeting your obligations (paying expenses) because of this situation, then you have to begin the eviction process. Do not let your compassion ruin your financial future. 

You need to draw the "line in the sand," and let her know what needs to happen by X date. You are the only one who knows where that line is. You need to let her know that you are worried about losing the place and your stress level is increasing with the situation. I would try to find her another place that she can afford under her current circumstances and present her with that solution when you speak with her.

Try to contact any friends and family (ask her permission) to reach out for help. You might be able to set-up a "Go-Fund-Me" page for her to help with raising the balance of her monthly rent.

Do everything you can to ease the transition from your place to her next place if and when the eviction comes. 

Good luck to you and her and let us know how things turn out.

Post: Sell or Hold?

Jose FernandezPosted
  • Posts 21
  • Votes 11

Leveling up implies (to me) that you want to sell this property and invest into something that will produce more cash flow and end up with a higher appreciation value. If that is your goal, then rates should not be the determining factor. The determining factor should be whether the potential property cash flows more than your current one. So, if you end up with a 6.75% rate, but the property cash flows between $1000 - $1300, then there is a possibility the new property will be a better investment. So, run the numbers on everything and compare them to your current numbers (it sounds like you are doing that already). 

When to sell? That's easy...sell when your next investment will give you a better ROI than your current investment. Be patient and find the great deal. In the meantime, keep saving money for your next deal as it may be possible to keep your current cash flowing machine and add a 2nd one to it. In the future, you might "level up" by selling multiple properties in order to purchase one 5-10 multi-unit property.

Wishing you all the best

Post: I Need Guidance

Jose FernandezPosted
  • Posts 21
  • Votes 11

If you buy a house cash, the cashflow is better after year 8+ to 10+. I say that because that is about how long it will take you to break even on the purchase price (a bit longer if you account for loss of interest if the money sat in some savings account or other investment). Paying cash means you are giving up $250K (or whatever you are spending) now, to recoup it $2K to $2.5K per month. So, if you are o-kay with giving up all your cash so that you make zero return on it (besides appreciation) for 10 years, then you will be greatly rewarded after year 10.

OR

You can put down 20% ($50K) on 3-4 properties and begin cash flowing immediately. It will just take 23 to 30 years for the tenants to pay them off for you. If you are o-kay with debt, then you will be rewarded with exponential growth.