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All Forum Posts by: Tom Lipps

Tom Lipps has started 14 posts and replied 77 times.

Post: Purchasing Duplex with Past Due Taxes

Tom LippsPosted
  • Rental Property Investor
  • Cincinnati, OH
  • Posts 78
  • Votes 29

Thanks everyone for the feedback!

Post: Purchasing Duplex with Past Due Taxes

Tom LippsPosted
  • Rental Property Investor
  • Cincinnati, OH
  • Posts 78
  • Votes 29

Hi BP!,

I'm buying my first duplex and am learning a lot as I go (despite all my prior research)! This particular property is a Short Sale in Cincinnati, OH and has about $2k (1 years' worth) of past due taxes on it.

My contract with the Seller reads, "At closing, Seller shall pay or credit on the purchase price (a.) all real estate taxes and essments, including penalties and interest, which became due and payable prior to closing...."

Seems pretty black and white to me that the Seller has to pay for these past due taxes... but any advice to ensure the seller follows through? Is this something I should be worried about? Or is it standard procedure and something that will be handled at closing?

On a simliar note, the current owner is MIA as far as I can tell, which has made the Short Sale drag on for some time... The current tenants did pay her a Security Deposit of $600 and last month's rent of $600.  Again my questions is, should I be concerned about the current landloard transferring these funds to me? If so, any advice that will help me ensure she transfers me these funds?

Can't thank you all enough for the feedback. It's helped me sleep much better at night!

Regards,

- Tom

Post: Duplex Sale nearly complete, just found out zoning is single Fam

Tom LippsPosted
  • Rental Property Investor
  • Cincinnati, OH
  • Posts 78
  • Votes 29
Originally posted by @David Frantz:

@Tom Lipps

As @Joseph Cornwell said above, zoning in Hamilton county is dependent on local governments. His example in Deer Park is very similar to a property that I bought and own in Norwood. The auditor typically does not control zoning. In Norwood, that is controlled by the local government. Every property that I buy there, I check the zoning with the Building Department to make sure it matches my expectation. It can be much different than the MLS and the auditor site.

Just a word of caution as an auditor change in designation may not actually reflect a true change in zoning to a two-family.  Don't know the rules in Cheviot but I would recommend calling the local government building department just to be safe

 You guys are amazing! Thank you again for all the advice. Per David's comment, I decided I'd call around and it turns out David is correct. The Hamilton County Auditor has it as a Mult-Family, BUT the Zoning department had it listed as "Residential."  I was disheartened to hear this, but then she told me it has a "Nonconforming Card" which allows it to be used as a Multifamily.  This "Nonconforming Card" was approved in October of 1953 and allows the property to be used as a multi-family. She told me it would grandfathered in to my purchase.  I'm learning a lot on my first rental purchase!  :-)

Post: Pros and Cons of Having my Wife Sign the Deed with me?

Tom LippsPosted
  • Rental Property Investor
  • Cincinnati, OH
  • Posts 78
  • Votes 29
Originally posted by @Nolan O.:

Is she planning a divorce or bankruptcy anytime soon? :P

 Well, I guess you never know!  :-)  

Post: Pros and Cons of Having my Wife Sign the Deed with me?

Tom LippsPosted
  • Rental Property Investor
  • Cincinnati, OH
  • Posts 78
  • Votes 29
Originally posted by @Account Closed:

How are you purchasing it?

 Conventional loan, 25% down.

Post: Pros and Cons of Having my Wife Sign the Deed with me?

Tom LippsPosted
  • Rental Property Investor
  • Cincinnati, OH
  • Posts 78
  • Votes 29

Hi BP Community!

Can't thank you all enough. I'm in the process of buying my first Duplex in Cincinnati, OH and I've had many questions and the BP community has already proven invaluable for helping me make smart decisions for my first purchase!

I'm married but all the loan approvals and everything  in general has been in my name only. My original plan was to have the house in my name only. Not that I'm worried about  divorce down the road or anything like that.

Any advice on the Pros and Cons of having your spouse on the deed vs only you signing?

Post: Duplex Sale nearly complete, just found out zoning is single Fam

Tom LippsPosted
  • Rental Property Investor
  • Cincinnati, OH
  • Posts 78
  • Votes 29

Thanks everyone for the advice! Believe it or not, the Hamilton County Auditory website has ALREADY BEEN UPDATED to reflect s "Multi Family Dwelling"!  I'm absolutely dumbfounded that it was that easy to change (again, almost seems too good to be true). I'm moving forward with the deal. Thanks again!

Post: Duplex Sale nearly complete, just found out zoning is single Fam

Tom LippsPosted
  • Rental Property Investor
  • Cincinnati, OH
  • Posts 78
  • Votes 29
Originally posted by @Paul Sian:

@Tomm Lipps where is the property located in Cincinnati?  If Cincinnati proper itself then you would have to goto Cincinnati Zoning and ask them about a change.  If in one of the townships or cities located within the Cincinnati area then their zoning departments will need to be consulted.  Whether they approve the use as multi family depends on the area it is located in.  If there are others already legally being used as multi in same area it should be easier to do.  

Paul

 Hi Paul. It's in the Cheviot area (zip code 45211). I called the Hamilton County Auditor today, explained to them the situation, and they agreed to change it. This sounds too good to be true though... I'm not sure how comfortable I feel moving forward on the deal with only a verbal commitment. I'm going to call again tomorrow and ask for an email or to let me know when the change will be reflected on their website.

Post: Duplex Sale nearly complete, just found out zoning is single Fam

Tom LippsPosted
  • Rental Property Investor
  • Cincinnati, OH
  • Posts 78
  • Votes 29
Originally posted by @Jeremy Hart:

Not sure about OH, but can't imagine it's much different than other areas.

If the intended use is different than the original zoning, you can apply for a Conditional Use Permit, or apply to have it rezoned. Both options are going to require notice to surrounding property owners, and public comment at zoning compliance meetings and/or city council meetings. 

Does your Purchase Agreement have some sort of Feasibility Study clause in it?

Thanks for the response. I don't see a "Feasibility Study" clause in the contract. But I do believe they listed the property zoning as multi family.

Post: Duplex Sale nearly complete, just found out zoning is single Fam

Tom LippsPosted
  • Rental Property Investor
  • Cincinnati, OH
  • Posts 78
  • Votes 29

HI BP!

I have a duplex short sale in Cincinnati, OH that I've been working on buying for nearly 5 months now. At this point the contract is FINALLY signed and my Lender is about to do the appraisal. (I've already done my inspection). Things have been looking really good, and the end seemed to be near! (this is my first investment property).

However, today my lender informed me this "Duplex" is zoned as Single Family.

If I can't legally rent out both units, the deal's numbers no longer make sense and I would need to back out.

I'm not very familiar with zoning laws.. If this is zoned as a Single Family, do I have the ability to get it re-zoned to a Duplex? If so, do you know what steps I need to take to do so?

Thanks for any help!

 - Tom