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All Forum Posts by: Justin Igoe

Justin Igoe has started 3 posts and replied 15 times.

Post: Can I ask my rental applicant...

Justin IgoePosted
  • Rental Property Investor
  • Wilmington, DE
  • Posts 15
  • Votes 2

Thanks for your replies. I'm just going to ask her to clarify.

Post: Can I ask my rental applicant...

Justin IgoePosted
  • Rental Property Investor
  • Wilmington, DE
  • Posts 15
  • Votes 2
Quote from @Carini Rochester:
Quote from @Justin Igoe:

First am I even allowed to google search an applicant's child's name that would be an occupant? 

 You are allowed to google search anything!

What is your conclusion? That her ex-husband, the father of her children lived with them? What is the protected class you are referring to? Women who live with two men at the same time? If you find an issue that you think makes her life not stable and it worries you enough that you think it will jeopardize the rent payment, that is a reason to not except her. But, I'm not sure you've found that. The internet doesn't know everything. That web-site might have gotten the son's age wrong. It might be listing her ex-husband because some mail addressed to him got mailed there errantly.  

Thanks for your feedback. Btw certain google searches would probably have the law at your door.

Those are certainly possibilities but so is that I could end up with a 40 year old man living in my house that didn't complete an application and credit check. I just want to be sure it's legal for me to ask her the second question from my post above. The protected classes I was referring to are familial status, marital status and age.

Post: Can I ask my rental applicant...

Justin IgoePosted
  • Rental Property Investor
  • Wilmington, DE
  • Posts 15
  • Votes 2

I have a women applying with 2 teenagers (under 18) listed on her application who I was about to approve when I noticed something weird. She's moving out of the current house which her ex-boyfriend owns because their relationship is ending. That address's parcel records confirm the ex-boyfriend named is the owner. The weird thing is a google search of her children's names with that address result in nuwber.com showing that a man in his 40's lives there with the exact same name as one of her teens listed on the application. (it's the same last name as the applicant & her 2 children). 

First am I even allowed to google search an applicant's child's name that would be an occupant? 

Can I flat out ask her why nuwber.com records show that a man in his 40's with same name as your son is living at the address of your supposed ex-boyfriend?

My concern is this might fall under protected classes etc. Normally I'd move on to next applicant but besides the situation mentioned, her income and credit score are excellent and it's been difficult finding a qualified Tenant at this time of year. 

Post: Landlord or Tenant responsible to remove groundhog digging holes under rental house

Justin IgoePosted
  • Rental Property Investor
  • Wilmington, DE
  • Posts 15
  • Votes 2
Quote from @Henry Clark:

1.  Your right.  Don’t listen to the responses above.  You know you’re right.  The “Tenant” as you referred to her is wrong.  Your contract bullets above are very explicit.

Ask your tenant if she has a shotgun.  If she doesn’t buy her one.  Pay for her to take gun classes.  If you can’t find one.  Have her contact me.  I’m a certified NRA Rifle and Shotgun instructor.  I’ll train her over the phone.

Can your wife take a shotgun and shoot a groundhog?  The tenant should be able to also.

2.  Looked at your background.  You want to be a General doing syndications.  You have a problem if you want my money.  You need to pay attention to detail.  You referred to her as the “Tenant”.  Please read your legal above.  

3.  Go down to the grocery store and buy a jar of creamy Skippy.  Then contact me.

My point in one and two above, is forget about being right.  If you’re about developing or working with other people’s money, it’s about getting it done.  At 8% interest things have to get done.  

I don't what you mean by "read your legal above" and what's wrong with "Tenant"? I don't want your money. Now go home and get your shinebox!

Post: Landlord or Tenant responsible to remove groundhog digging holes under rental house

Justin IgoePosted
  • Rental Property Investor
  • Wilmington, DE
  • Posts 15
  • Votes 2

Everyone is in agreement on this issue which makes it an easy decision to handle it myself. Thanks for all your input, I appreciate it!

Post: Landlord or Tenant responsible to remove groundhog digging holes under rental house

Justin IgoePosted
  • Rental Property Investor
  • Wilmington, DE
  • Posts 15
  • Votes 2

Point taken, and I'm leaning towards trying to take care of it myself but normally Tenant responsibilities are exactly that, although situations like this can be difficult to decide where to draw the line. The rent is at least $100 below market.

Post: Can I quit claim deed into my series llc when only wife is on mortgage?

Justin IgoePosted
  • Rental Property Investor
  • Wilmington, DE
  • Posts 15
  • Votes 2

Ok thanks Michael. I'll try to confirm if that's accurate.

Post: Landlord or Tenant responsible to remove groundhog digging holes under rental house

Justin IgoePosted
  • Rental Property Investor
  • Wilmington, DE
  • Posts 15
  • Votes 2

I have a single family rental that has a groundhog living and digging tunnels underneath the house. When the Tenant notified me of the groundhog we agreed I'd supply her with a trap and she'd try catching it. The groundhog came into the trap and took the food once but escaped squeezing out the back, so no luck yet and this has been going on for months. 

After recently reading the DE Pest and Bugs code, it sounds like the owner's only responsible for pests before renting, but after it's rented(free of pests) it becomes the Tenant's responsibility. I saw no indication of a groundhog before renting it out and the Tenant had already lived there for 7 months when she notified me of the groundhog. She said the neighbors told her that the previous owner had also been trying to remove a groundhog. She's been an excellent Tenant. I want to be fair with her and also want to make sure this groundhog is removed asap as I have no idea how much damage is being done from these tunnels underneath the house. 

Does anyone have advice on whether I should tell her it's actually her responsibility and she needs to have it removed, or should I continue working on other solutions myself to remove it?

Here is the Pest and Bugs DE code: 

(a) Owner's responsibility.--The owner of any structure shall be responsible for extermination of insects, rats, vermin or other pests within the structure prior to renting, leasing or selling the structure.

(b) Tenant-occupant's responsibility.--The tenant-occupant of any structure shall be responsible for the continued rat proof condition of the structure, and if the tenant occupant fails to maintain the rat-proof condition, the cost of extermination shall be the responsibility of the tenant-occupant.

(c) Single unit occupant's responsibility.--The occupant of a structure containing a single dwelling unit shall be responsible for the extermination of any insects, rats or other pests in the structure or on the premises.

Post: Can I quit claim deed into my series llc when only wife is on mortgage?

Justin IgoePosted
  • Rental Property Investor
  • Wilmington, DE
  • Posts 15
  • Votes 2
Quote from @Michael Smythe:

Yes, because you are not on the mortgage, transferring it to an LLC you own would violate due on sale clause.

Suggest you speak with an attorney about the chances of you getting caught and the repercussions.My wife is on the mortgage and we'd both be owners of the new LLC Series. Fannie Mae allows you to transfer into LLC. Is there a law stating that all owners of the LLC need to be listed as borrowers on the mortgage?


 Hi Michael,

My wife is on the mortgage and we'd both be owners of the new LLC Series. Fannie Mae allows you to transfer into LLC. Is there a law stating that all owners of the LLC need to be listed as borrowers on the mortgage?

Post: Can I quit claim deed into my series llc when only wife is on mortgage?

Justin IgoePosted
  • Rental Property Investor
  • Wilmington, DE
  • Posts 15
  • Votes 2
Quote from @Jason Marino:

Hi Justin,

Some of the replies above are a bit reductive on the process of piercing the corporate veil and seem to insinuate that it is a common process. This process is determined by a detailed test, which varies significantly based on the law of the State that the LLC is formed in. The process of disregarding an LLC in Delaware is, in fact, fairly uncommon. It would involve the following test.

(1) whether the company was adequately capitalized for the undertaking; (2) whether the LLC was solvent; (3) whether LLC formalities were observed; (4) whether the dominant member(s) siphoned company funds; and (5) whether, in general, the company simply functioned as a façade for the dominant member(s).

The failure of a single element of the test is generally not considered enough to justify piercing the corporate veil. You would need a combination of failures on these elements to pierce the corporate veil successfully.


 Hi Jason,

Thanks for the info. So do you think that by transferring our house into our series LLC (with current mortgage still in my wife's name only) that could pierce the corporate veil?