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All Forum Posts by: Mark H.

Mark H. has started 3 posts and replied 476 times.

Post: 1 page contract- Not allowed by Attorney? Help

Mark H.Posted
  • SFR Investor
  • Phoenix, AZ
  • Posts 484
  • Votes 181
Originally posted by J Scott:
Originally posted by Curt Davis:
Greg,

You might want to consider using your state sales contract. You should use the same contract that any realtor would be using. This makes sure your doing everything by the book.


Curt,

Just to throw a warning out there...if you cut and past the standard realtor's contract, you *are* violating copyright, and can get into legal trouble.

Not saying to do it or not do it, just throwing out that word of caution...




In my state anyone can buy the standard realtor's contract - it's $50. You won't get an attorney to prepare one for that much, and it's been tested in court hundreds of times - and revised regularly whenever a problem is found.

You won't ever know how good your contracts are until a judge rules on one, and then it's too late to make corrections. I'd rather let someone else experiment.

As for attorney involvement, there were several attorneys in my real-estate class - one played solitaire on his computer for the entire 100 hour course. I'm not sure if that inspires confidence or scorn, but I personally would rather have someone else prepare my contracts.

Post: 1st upside down what happens to 2nd Mortgage

Mark H.Posted
  • SFR Investor
  • Phoenix, AZ
  • Posts 484
  • Votes 181
Originally posted by Maureen Smith:
Hi, My property in California, is appraised approx at $320,000 and my 1st balance is approx $360,000. My second is for approx $73,000. I've stopped paying the 2nd and I'm trying for a loan mod on the 1st. Would the 2nd go forward w/ foreclosure even though they will not get anything at all? Should I write to them asking to forgive the loan and get it off their books? Any help/advice will be appreciated. Thanks.

For this kind of money, an hours consultation with an attorney is certainly worthwhile.

FWIW, my understanding of ca law is that a purchase money mortgage (not a refi) is generally non-recourse. Dig out that paperwork and find an attorney to look it over for you.

Post: Former Owner Rights in New Hampshire

Mark H.Posted
  • SFR Investor
  • Phoenix, AZ
  • Posts 484
  • Votes 181
Originally posted by Lee Simmons:
Our house was sold at auction last month, and we are still in the house. Today I came home from work to find 3 men on my porch poking around. I went out and found out they are the new owners, just closed on it today. They handed me a form saying they are coming in the house on Tuesday at 3:00 to do an inspection. They also asked when I was moving out and I told them I had no idea since for 6-8 months nobody from anywhere has been willing to talk to me about this. They want me out ASAP. I talked to the atty who handled my banruptcy and he said they cannot come into the house without evicting me. When I called the owner to tell him this, he says my attorney is incorrect and that we are now effectively his tenants and he can come in anytime with a 24-hour notice. 1) is he correct or my atty? and 2) since my boyfriend and I both owned the house, does the new owner have to pay for and go through 2 separate evictions to get us out, or just 1? Is it possible I could come home one day and find myself locked out without any warning? We'd like to work out a deal with him to leave, but he came on very forcefully out of nowhere, so I'm not sure where things are going to go. Thank you for any information on this.


They're trying to scare you into moving. They need to evict you. They don't have any right to "inspect" anything.

It is possible they might try a "self-help" eviction, however it could be very costly were they to try that. It doesn't mean they won't do it, but it would be pretty stupid.

Talk to your attorney again for the scoop on eviction in your state - it could be a 2 week process or a one-year process, depending on the state.

You can both be evicted at the same time.

Post: Is this "buyers rep" acting illegally?

Mark H.Posted
  • SFR Investor
  • Phoenix, AZ
  • Posts 484
  • Votes 181
Originally posted by Joel K:
Jesse thanks....so marketing illegally would be marketing without a purchase agreement or similar doc in place. Having a signed contract with the owner that says "I'll help you out and collect a fee from the buyer" doesn't cut it. A purchase agreement constitutes equitable interest.

That sound right? Thanks for the patience!


I'd tell him to pound sand. The first is going to foreclose soon and you can buy it from the bank directly - no need to pay this tool guy anything.

As to whether what he is doing is legal, I'll go out on a limb and say 99% chance he's breaking the law. A legitimate RE agent is going to sign an agreement with the current owner, list the property on the MLS, present offers to the bank, and get paid BY THE BANK out of the proceeds when you close.

In every situation I'm aware of, it's perfectly legal to sell real estate that you own. RE agency law requires a license when you "represent" someone else in a RE transaction. It's not a very high bar - a few hours in class, and a multiple-guess test, but its at least SOMETHING to show the world your not a hack.

RUN!, please RUN, and take your checkbook with you.

Post: wheres the notice of sale on my home?

Mark H.Posted
  • SFR Investor
  • Phoenix, AZ
  • Posts 484
  • Votes 181
Originally posted by Lisa Zurga:
Maybe i'm no longer the trustee the Recontrust Co. is now and therefore its really not my property its theirs?

The property is officially yours until the trustee's sale. The trustee will either sell the property to an investor, or back to the bank. The bank then has to evict you.

In AZ, an eviction can be done in just a couple of weeks. My understanding of CA is that it can take months.

You'll be getting some certified letters soon, be sure to open them, and it might not be a bad idea to look for a legal aid office. They should be able to tell you how long you have to vacate.

Save your money, and start looking for a new place to stay, depending on the bank, they may offer you a few bucks to leave peacefully and not damage the property - they call that "cash for keys".

It's a miserable situation, but remember your life can change for the better just as quick as it went south, so keep your head up.

Post: Realtor gets snippy, thinks my offers are too low !

Mark H.Posted
  • SFR Investor
  • Phoenix, AZ
  • Posts 484
  • Votes 181

"Today, I've got a great relationship with an agent who gives me the codes to all his houses. Of course, I've bought two properties from him so he knows I'm real (and that I don't pay close to asking). But he'll also continue getting my business."

FYI - in my area, giving out lockbox codes gets your mls access turned off and a hefty fine.

To the O.P. -Unless you can perform on two purchases, you shouldn't be writing two offers at a time. Your realtor owes you loyalty, but has a legal obligation to deal fairly with sellers too.