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All Forum Posts by: Account Closed

Account Closed has started 0 posts and replied 93 times.

Post: Investing in Seattle Real Estate with Little to No Money

Account ClosedPosted
  • Phoenix, AZ
  • Posts 96
  • Votes 66

@Alex Ray Looks like you did things backwards. ;-) You should have priced properties before making the move. Can't say I blame you though, the Seattle area is beautiful, when it isn't grey.

@Gregory Storm I got multiple emails that the price was going up. Check your "Spam" folder on your email account.

Post: Getting your offer accepted!

Account ClosedPosted
  • Phoenix, AZ
  • Posts 96
  • Votes 66
Originally posted by @Chad Seay:

I am a Realtor and investor and wanted to share how an investor got his offer accepted on one of my listings this week. The listing was a fixer upper and attracted 7 offers quickly. All of the offers were "as is". All but one gave the buyer the right to inspect within a short period and back out if they were not satisfied with their findings. One investor crafted his offer in such a way that he did not have that right. His offer was "as is where is" with absolutely no inspection contingency. His offer, even though $7,000 below the highest offer, was accepted because of this. Risky? Perhaps. Effective? You bet. 

 Good point. Indeed, that is how I buy my properties. The reason why? I'm not going to live in them and I know my costs to fix it up. Mold, rot, electrical, bad floor plan all can be fixed fairly quickly.

Post: When has an LLC actually saved your ASSets?

Account ClosedPosted
  • Phoenix, AZ
  • Posts 96
  • Votes 66
Originally posted by @Kelly Wright Kelly:

You'd be surprised what insurance may or may not cover.  I practiced as an civil defense lawyer for a couple years and can think of the following situations where insurance didn't cover just off the top of my head: 

1) agent pocketed the premium and issued a fake certificate of insurance. This went on for a couple of years and the insured never found out until there was a claim.  The agent ended up in prison but that didn't help the insured who was now on the hook for a couple hundred thousand dollars in damages;

2) fire was caused by an electrical short and not covered once the carrier found out there was aluminum wiring.  This was an 8 or 12 unit complex and tenants all sued landlord for losing their possessions due to the fire.  

3) several cases where the landlord or seller was sued for property code violations under the deceptive trade practices act and the carrier denied coverage as the allegation was of an "intentional act".

4) Insurance won't cover breach of contract claims typically, say you get into a dispute with a contractor the insurance isn't going to cover it but are you going to see it through to trial when your personal assets are at risk in the event you're wrong. 

5)Not real estate related but I had another case where I represented one of two partners who were sued for a business deal gone bad. They never formally set up the partnership but one guy was acting through an LLC and my client was acting in the partnership as an individual. Long story short, the partner with the LLC just let a default be entered as his LLC had little to no assets and he had no personal liability. He let the plaintiff execute against what few assets the LLC had and then set up shop a few weeks later under a new LLC. My client had to scrape and claw at a payment plan settlement because his personal assets were at risk if he went to trial and lost.

I look at an LLC as an umbrella policy with a one time fee so long as I keep the paper work straight. I may never need it but its a lot cheaper in the long run just to pay the $400 bucks and not have to worry about it.

The other advantage is that the llc doesn't just shield you from the investment's liabilities but will also shield the investment from your and your other investment's liabilities. Divorces, partnership disputes/lawsuits, deficiency judgments and called loans all can happen more often than you think. The LLC will help you to break your portfolio up into little compartments that are insulated from one another, so if something goes bad with you can can write that part off and have the others largely unaffected. Say you lose a property to a foreclosure with a personal guarantee on the note and the lender takes a deficiency judgment, your other properties are now subject to foreclosure to satisfy the deficiency since they are held in your name. If there were in an LLC they aren't liable for your debts.

 It's good to see some "real world" experiences.

Thanks for adding that info.

@Scott Radetich @Thomas S. 

I have been told by those who litigate for insurance companies that the purpose of insurance to the insurance company isn't to make you whole, it is to make the insurance company profitable. Would that be your understanding? People falsely think that the insurance company is a rubber suit protecting them from all damage, when actually it is more like a plaid vest made of flannel. It might look snazzy but it won't stop people from throwing stones at you.

Post: Sub2 -- stumped: what to do if you can't find someone to close it

Account ClosedPosted
  • Phoenix, AZ
  • Posts 96
  • Votes 66

@David Morgan I've done it both ways. I prefer to make the payment directly to the lender so that I know it gets paid but it is the seller's credit that is at stake. Some cities have companies that you send the check to and then they send the payment to the bank with any remaining going to the seller depending on the numbers and on how the deal is structured. But, I've done it both ways. Whatever the seller will agree to.

Post: How to construct a one off real estate deal

Account ClosedPosted
  • Phoenix, AZ
  • Posts 96
  • Votes 66

@Cesar Espino This one is worth $500 to have an attorney draw up an agreement that gets presented and paid off at escrow. Write out the basic agreement on a yellow pad and include all of the details. It will probably take a sheet or two of handwritten language. That should be enough so that when the two of you meet with the attorney the attorney can ask the remaining questions and write up an an agreement for you. Easy peasy.  

Post: Benefits of seller financing for the buyer

Account ClosedPosted
  • Phoenix, AZ
  • Posts 96
  • Votes 66
Originally posted by @Steven Giustino:

Hello I am actively looking for my first real estate deal. I am in long island new york, and looking for a rental property while I am still leaving at home. I have enough money saved up for a good down payment. Mostly looking at single or 2 families because the prices are very expensive in my area. I put in an offer on a 2 family and the seller is offering seller financing. I don’t have the terms yet as this just happen. Looking for some info on what benefits there are for me. And also selling points to use.

Thanks for your help
Steve

 Some of the benefits include a fast transaction, you don't need bank financing, your credit probably doesn't matter.

The two biggest worries you have are 1) Do they have the right to sell the property and 2) Paying too much.

If they require a Cashier's check at the door and not through escrow, you are probably headed down a rabbit hole you don't want to be in. No matter what excuse they use, if they aren't comfortable with you getting a Title Report and using an attorney to close, they are probably simply walking away with your money and you are going to regret meeting them. Make sure you have a Title Report and close with an attorney.

Post: When has an LLC actually saved your ASSets?

Account ClosedPosted
  • Phoenix, AZ
  • Posts 96
  • Votes 66

@Scott Radetich Asset protection is determined by your tolerance for risk. The two of you have different levels of risk tolerance. 

1) Happy wife, happy life. If it makes her feel better, it's worth it. 

2) If for instance you get into a car accident and several people are killed, your liability may be greater than your coverage. If someone gets hurt on one of your properties, the opposing side's attorney will do an "asset search" and the fewer assets you show the less likely the attorney will take the case. The people who get sued are the ones who show a lot of assets. By breaking the properties into different LLC s you mitigate some of those risks. A typical lawsuit runs about two years. You can't concentrate on your business if you are constantly providing interrogatories, attending depositions and hearings, providing exhibits and meeting with attorneys.

Protect your time if nothing else.

By the way, if protecting $15k isn't important to you I can give you my account number and you can make the transfer at your convenience. ;-)

Post: "Bought it on contract" - what does this actually mean?

Account ClosedPosted
  • Phoenix, AZ
  • Posts 96
  • Votes 66
Originally posted by @Tyler Jordison:

Hi All, 

I have listened to podcast after podcast and so many guests quickly and easily always say "I bought it on contract", "I got it under contract", and other such versions. I don't really understand the intricacies of this statement. I know it allows you as the investor to close quick on a deal where the seller is trying to get out, without waiting the 45 days to close on a conventional loan, but that's about the extent of my knowledge on the subject.

Few specific questions - who writes up the contract, what does the contract entail, when is money exchanged... sort of the basics of buying on contract. I tried to look for this on the forums with no luck, if there is a good thread somewhere I would appreciate if somebody could point me to it. 

Thanks so much! 

 The term "I bought it on contract" means that the buyer is using a Land Contract or other seller financing and not using a bank.

 "I got it under contract" (should be "I've got it under contract") basically means that the seller has agreed to sell and the buyer has agreed to buy but the conditions haven't been met to close yet. This is usually said when using a real estate agent and traditional bank financing. It is basically informing anyone that would have an interest, that an agreement has been reached and they expect everything to proceed normally.

If you use a real estate agent, they write up the contract. 

If you don't use a real estate agent You can write up the contract or your attorney can write up the contract too. 

There are two ways to buy a property:

1) with a real estate agent (the real estate agent takes care of all of the paperwork for you) Money is exchanged in escrow.

2) without an agent, on your own or using an attorney. If you don't understand this process, have a real estate attorney do the paperwork for you so that it is done properly. Money "Should be" exchanged in escrow.

Post: Sub2 -- stumped: what to do if you can't find someone to close it

Account ClosedPosted
  • Phoenix, AZ
  • Posts 96
  • Votes 66
Originally posted by @David Morgan:

@Stephanie P. -- that's the plan, or at least make sure I could get one should I be able to close the sub2. You're probably right about the DTI, I hadn't considered that... but like you said, conventional isn't an option anyway.

There are a couple of local banks that do portfolio loans, so I'm putting together the info they've requested. Also looking at companies like Lima One Capital, 5 Arch Funding, and now adding US Commercial to the list ;)

I imagine the interest rate difference between a FICO in the high 600s vs the mid 700s would be worth waiting 2-3 weeks for. 

 A Lease Option is quite different than a Subject To. With a Subject To the Title transfers while a Lease Option does not, among some other very serious differences. Anyway, tell the escrow company you want to do a Wrap or a Land Contract depending on which vocabulary they understand. Yes, there are differences but either one gets you where you want to go. Either can be treated like a Subject To.  DON'T do a Quit Claim Deed (except in very special cases and then only with an attorney or escrow agent). For one, it invalidates title insurance but for two, it can cause a world of hurt when you go to sell and for three, it was one of the most common red flags for fraud in the last down cycle. You don't want to go there.  Have a Title report pulled, use an attorney or escrow for closing (like you are trying to do) and be aware but not worried that the Due on Sale clause exists. Keep some reserves for an emergency and always pay on time so you don't muck up the seller's credit report.