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All Forum Posts by: Lisa Caro

Lisa Caro has started 2 posts and replied 12 times.

Post: Labor-only renovation / norms on payment & paperwork

Lisa CaroPosted
  • Monroe, NY
  • Posts 12
  • Votes 0

Thanks guys, the general contractors wanted $20k+ for the 2 bathrooms, so this guy asking for half seemed reasonable. There is only one half wall that needs to be created, other than that, it's mainly replacing existing items and moving the plumbing a bit. He's hiring additional people to help him, so I understand that the 10k is paying a few people, and he also has taxes and insurances etc to pay. I'm not sure what he's pocketing in the end. One contracter wanted $33k. I'm really perplexed at how the costs vary so much. This is my first project, and I just can't afford that...  My father was a handyman in our own family home, so I never appreciated what a valuable skill that was until now!

Post: Labor-only renovation / norms on payment & paperwork

Lisa CaroPosted
  • Monroe, NY
  • Posts 12
  • Votes 0

Thank you for your input, Lynette! We decided on:

$2k after 1 week, then $1k, then $3k, and then the remaining $4k after completion. I know it sounds a bit odd, but he actually was requesting 2/3 after ONE week originally (deposit upfront, and another third after a week), so this makes me more comfortable. We basically met each other half way...

Post: Labor-only renovation / norms on payment & paperwork

Lisa CaroPosted
  • Monroe, NY
  • Posts 12
  • Votes 0

Thank you both! Very helpful. This is mainly changing tile and bathroom vanities/fixtures. One of the bathrooms will have the shower stall widened and the plumbing moved a bit however. 

He is a handyman and a neighbor (his goal is to eventually become a general contractor); his business is registered with the Register of Deeds (I checked this). He will be providing me his insurance information as well. 

His Fixed amount is 10K over 4 weeks.  Could I suggest contracted payment be - per completed week - $1k, $2k, $3k, and then the remaining $4k upon completion? I'm nervous about being abandoned mid-project - surely there is a clause that I can add that will dissuade this..?

Regarding supplies, I'll make sure clarity is added, once I'm sure he's the right guy. I've signed an initial contract, but it's so vague that we're going to have to start over. 

Post: Labor-only renovation / norms on payment & paperwork

Lisa CaroPosted
  • Monroe, NY
  • Posts 12
  • Votes 0

Hi! My contractor is requesting a third of total renovation cost as down payment - but I've hired him for labor only (I'm providing the supplies etc). I would feel more comfortable paying a normal labor rate as we progress. What's reasonable in this case (when/how much)?

Also, can I request a copy of contractor's ID? No idea if I can legally request that, but this is my first renovation project and I'm just nervous. 

Post: Current Price for Performing Notes

Lisa CaroPosted
  • Monroe, NY
  • Posts 12
  • Votes 0

Hello @Bob Malecki, and thanks so much for your opinion - I completely understand this is not legal advice - no worries!  It really helps to just get a sense of things - (very) generally speaking.  

So my take on this is a reperforming note would not (generally) warrant registering the LLC in that state (despite the payments); while taking a deed in lieu or foreclosing likely would.

Just shout if I'm thinking wrongly - it would not be the first time ;).

Very kind regards, and thank you again.

Post: LLC for purchasing bank notes - what state?

Lisa CaroPosted
  • Monroe, NY
  • Posts 12
  • Votes 0

Ok, thanks for this Chris!

Post: Current Price for Performing Notes

Lisa CaroPosted
  • Monroe, NY
  • Posts 12
  • Votes 0

Hi everyone,

I've posted the same question elsewhere, but I'll try my luck here :). If I purchase reperforming notes through an investment LLC I've created, do I need to file that LLC as a foreign LLC in the state where the home/loan is? I'm not sure, because while I would not have a "shop" there, the payments would be coming from there.

It's really a general question, even though it may become state specific if the state rules vary.  Any guidance would be great!

Post: LLC for purchasing bank notes - what state?

Lisa CaroPosted
  • Monroe, NY
  • Posts 12
  • Votes 0

@Chris Martin Thank you so much.

I moved B, D, K to the bottom* since I really don't think they apply to the purchase of banknotes, but I would just like to be sure of the rest of the document's language.

From my understanding of this document, an out of state Investment LLC would NOT need to file in NM as a foreign LLC, for example, if the LLC purchases reperforming banknotes.

It also sounds like even foreclosing on a home of the non performing banknote would not require filing as a foreign LLC in that state. Would you agree? Apologies for my confusion, but this seems like an important step before purchasing banknotes through an LLC, and I'm trying to get this right...

"The following activities of a foreign limited liability company do NOT constitute transacting business within the meaning of the New Mexico Limited Liability Company Act:

a. maintaining, defending or settling any proceeding;

c. maintaining bank accounts;

e. selling through independent contractors;

f. soliciting or obtaining orders whether by mail or through employees or agents or otherwise, if the orders require acceptance outside New Mexico before they become contracts;

g. creating as borrower or lender or acquiring indebtedness or mortgages or other security interests in real or personal property;

h. securing or collecting debts or enforcing rights in property securing debts;

i. investing in or acquiring, in transactions outside New Mexico, royalties and other nonoperating mineral interests; executing division orders, contracts of sale and other instruments incidental to

the ownership of such nonoperating mineral interests; and, in general, owning, without more, real or personal property;

j. conducting an isolated transaction that is completed within thirty days and that is not one in the course of repeated transactions of a like nature; 

------------Nor shall a foreign limited liability company be considered to be transacting business in New Mexico solely because it:

1) owns a controlling interest in a corporation or a foreign corporation that transacts business in New Mexico;

2) is a limited partner of a limited partnership or foreign limited partnership that is transacting business in New Mexico; or

3) is a member or manager of a limited liability company or foreign limited liability company that is transacting business in New Mexico.

----------------------------------------

* as per note above:

b. holding meetings of its members or carrying on any other activities concerning its internal affairs;

d. maintaining offices or agencies for the transfer, exchange and registration of the foreign limited liability company’s own securities or interests or appointing and maintaining trustees or depositories with respect to those securities or interests;

k. transacting business in interstate commerce"

Post: LLC for purchasing bank notes - what state?

Lisa CaroPosted
  • Monroe, NY
  • Posts 12
  • Votes 0

@Vincent Incopero hello again! (hopefully I'm tagging you correctly this time, sorry!!) 

Just checking in to see if I've understood your advice correctly? It sounds like purchasing a RPN for a mortgage in IL for example, would need to be registered with IL's secretary of state, even if:

- I live (and file my taxes) in NY

- and my LLC was formed in NM.

It seems kind of costly for a person then to invest in RPNs all over the US for example, if he/she then has to register the investment LLC in each of those states where the mortgages/loans were originally initiated. But maybe that is indeed the protocol... Sorry if this is a amateur question, I'm still learning...!

Vincent Incopero

Vincent Incopero

Post: LLC for purchasing bank notes - what state?

Lisa CaroPosted
  • Monroe, NY
  • Posts 12
  • Votes 0

Thank you Vincent. So purchasing the non-performing notes does not require registry in IL, but when the borrower starts making new payments to me, then this is considered business (requiring registry) - is that right? If that is the case, it seems like there is no situation where I don't have to register the LLC in-state, since I can't imagine not ever collecting something at some point (payments / foreclosure).. Is there any situation where it makes sense to purchase notes but not register the LLC in the state where the asset is?

I apologize for my late reply - I didn't get a notification, so I'll have to check my settings.