Skip to content
×
PRO
Pro Members Get Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here
Pick markets, find deals, analyze and manage properties. Try BiggerPockets PRO.
x
All Forum Categories
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

All Forum Posts by: Joshua McCarthy

Joshua McCarthy has started 15 posts and replied 27 times.

Post: Removing Tenants Protected by ERAP in Upstate NY

Joshua McCarthyPosted
  • Flipper/Rehabber
  • Batavia, NY
  • Posts 28
  • Votes 3
Quote from @Jeremy H.:

Can you find another reason to evict them, other than non-payment?

Damage, pets, utilities, people living there not on the lease?

Try to find something else to evict them for - maybe get a PM team or attorney on your side. You need someone with experience and who has done this before to take this on


Unfortunately I don’t have a lease with them and it’s month to month. Another mistake for sure. My attorney said even if they get current on payment, if it’s via ERAP, I not only can’t get them out for the non payment but also can’t evict them for the holdover from the 90 day notice. I’m hoping that’s not the case. My attorney wasn’t very familiar with ERAP as it’s a fairly new program. 

Post: Removing Tenants Protected by ERAP in Upstate NY

Joshua McCarthyPosted
  • Flipper/Rehabber
  • Batavia, NY
  • Posts 28
  • Votes 3
Quote from @Caroline Gerardo:

You went into this duplex as a business and allowed this bad credit family to treat you like a doormat. 

New York favors tenants, I won't do loans in NY because the laws are not in favor of businesses.

So you have this array of things against you.

The tarp is either they are hiding activity inside or want to claim you invade their privacy. Maybe growing something... The chairs holding the bottom and wood planks belong to whom? I would write a note that hooking this by bungee cord to US Post box may violate 18 US Code  1701. If the patio furniture is yours put it in the garage. What are city codes read here: https://ecode360.com/8982658   don't report her it will end up costing you but see if there is any violation you can mention. Keep the letter short and sweet give them a time frame to take it down like ten days.

Get earplugs, thicker skin, and don't engage in discussions, never ever respond in anger, it will escalate. 

So the son is still a friend? Gently talk to him that this is a business and you need the income.  Follow what your attorney says. If you try and raise the rent they are not going to pay it. If you ever get a judgement what is likelihood they will pay -.001% They have been on the downward slide a long time.

The mom and


 Thank you for the reply! The tarp situation was a few weeks ago now and has blown over. I agree this is 100% my fault, just gotta take the lesson and move along. I'm wondering if there's a way for me to move along faster than 12 months of payments at below market rate. 

Post: Removing Tenants Protected by ERAP in Upstate NY

Joshua McCarthyPosted
  • Flipper/Rehabber
  • Batavia, NY
  • Posts 28
  • Votes 3

Hello all

I'm currently house hacking my first property, a duplex, and am trying to get my current tenant out. I served her a 90 day notice to vacate in July so she stopped paying me. I filed for an eviction in July for non-payment so she filed for ERAP (Emergency Rental Assistance Program). My attorney told me even if I don't accept the payments she will still be protected for a full year under this program. I don't care about any payments I just want her gone. Does anyone know the best way for me to navigate this? Am I stuck living with her for a full year? If so, is it possible to raise the rent to market rate? Located in Upstate NY (Batavia). TIA!

Backstory:

I bought my first house 3 years ago when I was 26 years old to house hack. At the time, my friends' family was being foreclosed on and evicted from their home. I agreed to rent to just him for 750/mo on a month-to-month basis. His mother was living with a boyfriend at this time after being foreclosed on. Eventually I agreed to let her live here too since its a 2 bedroom unit. A few months later she asked if her other adult son can move in for a few months "until he got on his feet". I agreed. Now, 3 years later they're all still here. The two sons (age 30 and 32) sleep in the bedrooms and she uses the living room as a bedroom. I tried to raise rent to 950/mo which is still below market value and she started harassing me. She stomps around all day and slams doors. Her most recent move was putting a big tarp over the outside of the bay window of her unit on the front of the house. I gave her a 90 day notice in July  and that's when she first started not paying. She's been a traveling LPN this whole time but hasn't taken any jobs in about 4 months. My friend quit his job at the start of COVID because he got in an altercation at the restaurant where he worked with another employee. I was actually there at the time, he didn't start it, he's very passive but that's beside the point. Since then he hasn't worked besides some under the table side work here and there. The other brother does okay he works at ALDI. I'm not surprised NYS can tell someone that they have to forfeit their property to someone else for a full year. Lastly, I know the mistakes I made and will never make them again. The biggest one being sympathetically renting to someone who was just foreclosed upon. I don't know how younger me thought that was a good idea.

Thanks for reading and thanks for any recommendations or insight you can provide!

Post: Proof of Funds Letter for Flips?

Joshua McCarthyPosted
  • Flipper/Rehabber
  • Batavia, NY
  • Posts 28
  • Votes 3
Quote from @Mackenzie Grate:

Get the hard money prequal. That will tell you either way whether or not the numbers really work. If they won't lend on it, it's too risky. And I agree with @Jaron Walling. If you can get the hard money lender to agree, then you should go for it on your own. It's a huge learning curve and better to learn with your money than other people's who trust you. Relationships are key and you don't want to make a huge mistake with someone else's money your first go around if you can avoid it (not that I think you will). Also, unless someone else is bringing some sort of skill or experience to this project, if you can get the money elsewhere, and why not do all the work and get all the equity?

If it were me, I'd get the hard money loan myself, and take on the project. I don't think you need anyone else for this deal if the numbers are good. Get the prequal and get it under contract. :)

Good luck!


 Thank you so much!

This is the first I've heard of a prequal for a HML so i'll look into it right away. I agree that even if HML fees are high they cant possibly be higher than splitting the profit 50/50. I feel like I've been sitting on my hands since i ran into this so i appreciate the guidance!

Post: Proof of Funds Letter for Flips?

Joshua McCarthyPosted
  • Flipper/Rehabber
  • Batavia, NY
  • Posts 28
  • Votes 3
Quote from @Jaron Walling:

@Joshua McCarthy This is exactly why REI is about relationships. If you developed/created/secured a relationship with the seller they should recognize it, or you should bail now. HML's are not interested in owning property. They're interested in the deal and making a return which is usually 8-12% depending on your investing experience.

If this is your first off market deal I'd tackle this on your own. You don't need a partner to get this done. Sounds like you need cash. If the DEAL supports it the money will find you. If not quite wasting the sellers time, your time, and find a better opportunity. 


Thanks for the reply!

It sounds like you're saying get the deal under contract, market the deal, and the money will find me. I agree with that. 

I also agree that i'd be better off doing the deal on my own. The numbers check out, so you're saying i should go the HML/ private lender route. How do i get POF to submit the offer? It could be as easy as submitting the numbers to a HML and they provide me with POF but i haven't gone this route yet so i don't know what i don't know.


Thanks again! 

Josh

Post: Proof of Funds Letter for Flips?

Joshua McCarthyPosted
  • Flipper/Rehabber
  • Batavia, NY
  • Posts 28
  • Votes 3

Hey all, 

I'm currently looking at a potential flip in my hometown of Batavia, NY and have come to an agreed upon price. The seller is asking for POF with the written offer. My plan was to use private funding or HML but I'm open to a JV with a partner that can finance the project.

My question is, if i don't have the property under contract how do i go about showing the deal to a potential partner that i don't know and trust? Couldn't they just cut me out at that point? 

If i go the HML route, is it as simple as giving them the address and numbers and they provide me with a POF letter?

I have a residential construction background but this is my first time securing financing for a flip. Any advice/ insight/ tips would be greatly appreciated!

Thanks!

Josh McCarthy

Post: Skip tracing owners of Commercial property and LLCs

Joshua McCarthyPosted
  • Flipper/Rehabber
  • Batavia, NY
  • Posts 28
  • Votes 3

Does anyone have any suggestions for how to go about finding owners of commercial properties such as large apartment buildings? I believe parcel search for Erie County NY only shows results for residential. Also, I've also always had a hard time finding the owner of an LLC. If the name of the owner doesn't come up with a quick google search i'm usually just left with the address that the LLC is registered to. Does anyone have any tips that have worked for them with either?

Thanks

Josh

Post: Text message marketing campaigns?

Joshua McCarthyPosted
  • Flipper/Rehabber
  • Batavia, NY
  • Posts 28
  • Votes 3

 Thank you everyone for the responses! Much appreciated! 

Josh

Post: Text message marketing campaigns?

Joshua McCarthyPosted
  • Flipper/Rehabber
  • Batavia, NY
  • Posts 28
  • Votes 3

Hello all, 

I am looking into new (to me) forms of marketing for off-market leads. I came across text message marketing and it sounds great. I've also come across a lot of people saying that it may be illegal. Is anyone here currently using this system with success? Are there ways to do it legally? I live and operate in Western NY.

Thanks in advance

Josh

Post: Fire Damaged Joist Replacement

Joshua McCarthyPosted
  • Flipper/Rehabber
  • Batavia, NY
  • Posts 28
  • Votes 3

Hello i just looked at a house that has fire damage from a breaker box fire in the basement. The joists above throughout the basement are all burnt. Does anyone know roughly how much those are to replace?