All Forum Posts by: Luke Stone
Luke Stone has started 18 posts and replied 50 times.
Post: Disclose Contract to Third Party Neighbor - Bad Idea?

- Chicago, IL
- Posts 51
- Votes 3
Post: Bathroom Tile Installer Recommendation -Richardson/North Dallas

- Chicago, IL
- Posts 51
- Votes 3
Post: Half DuplexPurchase Liability/Repair Question

- Chicago, IL
- Posts 51
- Votes 3
Yea, I also just got a contact to a plumber who recently dealt with this exact same issue. He was able to pinpoint the like to within 6 inches without opening the walls.
Post: Half DuplexPurchase Liability/Repair Question

- Chicago, IL
- Posts 51
- Votes 3
So I think it could be a leak in the wall or something from the other unit. Another possibility is foundation leak. The problem is how do you pin point the cause?
Post: Half DuplexPurchase Liability/Repair Question

- Chicago, IL
- Posts 51
- Votes 3
Post: Legal Help - Problem with Seller Finance Payoff

- Chicago, IL
- Posts 51
- Votes 3
The payoff amount is a exact calculate number, principal + interest. I don't see why anybody should be allowed to keep more than the amount stipulated in the note, which is how conventional mortgages work.
With all that said, this is my first private mortgage. For most of you, if you payoff early or pay a couple extra days, do you not recover your per diem?
Post: Legal Help - Problem with Seller Finance Payoff

- Chicago, IL
- Posts 51
- Votes 3
Hello,
I recently paid off a seller financed purchase note with a long term mortgage with a conventional lender.
***Quick note: This is in Texas and the promissory note documents are very barebones***
So this was not the easiest refinance mostly because the seller was difficult to work with. I originally thought I was going to be able to complete the refinance prior to the note maturing and therefore did execute a one year option to extend. By the time I realized the loan was not going to close on time, the date required to execute the extension had past. The private lender agreed to a short extension for a $2,000 fee (very high in my opinion), but I made the mistake on not extending on time and realize he can to charge the fee. Nevertheless, this did not start this whole process off well and throughout the whole refinancing process the private lender was just generally difficult to work with. Slow to sign and provide documents...
Anyways, that's the background, I'm not sure it is necessary, because we did get through the refinance.
My problem now, is that the private lender is refusing to refund payoff funds that were above the payoff amount based on the terms of the note. The title company incorrectly calculated the per diem payoff amount by about a week too much. They based their calculation on payoff document I had created but had expired in early March. Due to a math error they calculated a payoff based on 27 days of per diem, but on the document stated payoff amount was as of March 20. They then asked the private lender to sign this document. Now the private lender is saying I should pursue the title company because they made the mistake. My view the note terms are what they are and the payoff statement doesn't modify or supersede the note terms. If there is an error of this sort, the note terms would be the final say.
1. Am I correct in saying the note terms determine the payoff and errors such as miscalculations dont override.
2. If so, what channels do use to pursue recovering these funds? Small claims court? Any recommendations?
Post: Texas / Dallas Small Loan Commercial Lender (less than $500k)

- Chicago, IL
- Posts 51
- Votes 3
Post: Real Estate Tax Assumptions + Cap Rates in Dallas TX

- Chicago, IL
- Posts 51
- Votes 3
@Courtney King the 2.5-2.8% seems to be pretty accurate based on the few properties I tested it against. It does seem that the county appraisers are getting more aggressive. Thanks all