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All Forum Posts by: Scott Schultz

Scott Schultz has started 15 posts and replied 916 times.

Post: Sorry, you're getting evicted.

Scott SchultzPosted
  • Rental Property Investor
  • West Bend, WI
  • Posts 931
  • Votes 597
The Sheriffs Dept has its own rule, if you dont use the bonded service, you get it back, but still I think its nuts. 
Regarding the feelings side, this is one of the many great arguments for having a Property manager, we unfortunately have had to evict a few tenants,  however I have never been to court for them, my Managers have always represented. Great management takes the emotion out of the business, for me I would struggle with this so I let someone else do it.  

Originally posted by @Account Closed

Well no, it's not personal, but then again, it's intensely personal. What could be more personal than a persons home! I appreciate your concern, but I assure you I don't let tenants bend me over too far before I draw the line. I just still feel bad for them. I can't help it, nor am I sure I want to.

As far as the $1000 bucks per bedroom - wow! I do know the state statutes do not forbid a landlord from adding a provision in the lease stating any personal property left behind may be considered abandoned and that the landlord may dispose of it in any manner they deem reasonable, save for prescription drugs. However, if you do not place that provision in the lease, then the default is you must hire a moving company and store their items. Maybe Washington County has it's own laws in the matter. 

Post: Sorry, you're getting evicted.

Scott SchultzPosted
  • Rental Property Investor
  • West Bend, WI
  • Posts 931
  • Votes 597

@Account Closed you are lucky in regards to  Sheriff and PB removal, Here in Washington County the Sheriff requires $1,000/bedroom deposit before they execute the Writ this is for the Bonded moving company. I havent had to as of yet, but when I spoke to them about getting a borrower out (i purchased at sheriff sale and borrower was still there) thats what they told me. 

Always keep in mind, Its NOT PERSONAL!   you are running a business not a charity, if they dont pay rent, you dont pay your mortgage and they get thrown out either way. 

Post: Bought house at sheriff auction, someone else bought it day befor

Scott SchultzPosted
  • Rental Property Investor
  • West Bend, WI
  • Posts 931
  • Votes 597
The borrower has legal right to sell the property right up to the confirmation of sale, so literally the borrower can show up at confirmation and settle the debt, you will get your 10% back from the clerk if the sale is legitimate and satisfies the foreclosing lender. This is something that happens, I have seen it before, just part of the game. 
  
Originally posted by @Luke Aubut:

Help please! What are my options?

I was high bidder at a sheriff auction a few weeks ago. I paid my deposit immediately to the clerk of court. While preparing for closing, the title company finds out that the seller who was being foreclosed upon, sold the house the day before the auction. But get this, the deed was not recorded until the day after the sheriff sale. My deposit for the sheriff sale was recorded before the other buyers deed was recorded. (This sounds like something you learn about in RE class). My title company will not insure title. 

Who has rights to the property? Do I have any rights to the property and should I pursue it?

Info that MAY be helpful: There were 3 liens on title, 1st position mortgage was foreclosing. I was told by title company that my bid at auction would clear all liens. Based on the other buyers sale price, i don't think their sale amount would pay off all liens and fees.  The mortgagee did not cancel the auction, therefore assuming they were not aware of the seller selling. Is the other buyers purchase even valid?

Any other info that may be helpful to know in this situation? I have not officially talked with a R.E. attorney, I know some of you would suggest that.

This is a lower priced property (50K) and it's my first deal! Yahooooo!

Thank you for any suggestions, advice or opinions.

Post: Beginner Looking For Advice on Foreclosures

Scott SchultzPosted
  • Rental Property Investor
  • West Bend, WI
  • Posts 931
  • Votes 597
Here is WI (basis of this conversation) we have Judicial Mortgage foreclosure. Tax foreclosure is altogether different here, that is county by county  as to the process, many use the "In REM" Process and the properties never go to Sheriffs Auction, the are either sent to a local/online Auction house, or offered by sealed bid, but the process for Tax foreclosure in WI does not require a Public sale to enforce. Mortgage foreclosure however does  here in WI.  I am a Broker, and I specialized in REO, Loss Mitigation, Short Sales, and Buyer Representation in Distressed sale purchases for many years, yes the margins can be narrower, but the volume easily made up for it. I dont appreciate the blanket statements about poor customer service. My experiences working with other Listing agents and selling agents in the Default space is they are professional and attentive, yea a few are not, but they dont make it long term, but thats in every area of any business.

There is so much misinformation out there regarding Mortgage foreclosure, I wish people would just read their state law, and learn the process instead of assuming things, and making blanket statements.       

Originally posted by @Steve B.:

@Olivia Stramara. There are both judicial and non-judicial foreclosure processes. Most states have either/or, my state has both. Ron gave an excellent description of a non-judicial foreclosure, usually caused by mortgage payment default, and often handled by Auction.com and/or a-low commission REO RE agent hired by the bank. A judicial foreclosure is often a property that's owes back taxes and goes through sheriffs sale on the owners death. Both types of sales have different and similar risks, I.e. redemption, liens priority, proper notice served, fines outstanding, etc. you can find great deals if your careful but both normally require cash on hand. If you need to get loans to make them work I think it's often too much trouble.

Post: What are property taxes based off of in Wisconsin

Scott SchultzPosted
  • Rental Property Investor
  • West Bend, WI
  • Posts 931
  • Votes 597

the taxes are calculated on the taxing authority (municipality or township) MIL Rate, per $1000 of assessed value. each township or municipality publishes their MIL rate as public record.

Post: Beginner Looking For Advice on Foreclosures

Scott SchultzPosted
  • Rental Property Investor
  • West Bend, WI
  • Posts 931
  • Votes 597

@Leslie Fisher Not always correct, it depends what position the lien that is foreclosing is in, and if they have any superiority, if a first lien forecloses, all junior liens are foreclosed out, there are a few kinds of superior liens, like property taxes, and municipal charges,  water bills, snow removals or noxious weed cuttings. as well as cretin other tax liens, like federal or state tax liens for things like unpaid sales tax, withholding, and sometimes delinquent income tax, there are often remedies to get these removed after the fact, but there is no guarantee the taxing authority will release it.  Also you cannot legally gain access prior to sale for inspection, so you get what you can see from the curb.  when you bid at sale in WI you need 10% cash or cashiers check made out to the counties clerk of courts on your person at time of sale (can't run to the bank to get it) you then must wait till the confirmation, and then you have 10 days to pay the balance due (remaining 90%) to the clerk of courts, plus the transfer fee (in most cases as of late anyway) and the recording fee for the deed. once you have done those things you may take possession, you are also entitled to a Writ of Assistance if occupied. but if the occupant has a current binding lease you may need to abide by it. Also Personal property left at the property may not be yours to dispose of, you may wish to seek legal counsel to help make that determination.  I have purchased 28 or more (cant remember all of them) homes at Sheriff Sales, in 8 different counties,  and have attended in at least 10 other counties where I was not the successful bidder. It is not for the faint of heart, and you can lose money, or at least screw up badly if you miss something. you also need cash to pay the balance, or good relationships with a lender that will play ball with you, I have been fortunate, I have had several bankers fund theses deals based on drive by BPO, but definitely not something I recommend for a new investor.   

Post: SFH Rental Loan Product Options

Scott SchultzPosted
  • Rental Property Investor
  • West Bend, WI
  • Posts 931
  • Votes 597

You wont find what you are looking for in your LLC unless its private money, possibly, but you will pay much higher interest, why not just do the 75% and and sit on the 5% you will make it back in time.

Post: Submeter Water Utilities in Milwaukee

Scott SchultzPosted
  • Rental Property Investor
  • West Bend, WI
  • Posts 931
  • Votes 597

if the plumbing to the units are separate, why wouldnt you just have the water utility install a separate meter, I have done this, the downside is each meter has a base charge, but the tenant pays the utility anyway, or my property manager does and bills it back to the tenant. all the lumber needs to do is locate the piping to each unit, install a Tee where the water comes in and install 2 sets of meter horns, and then needed lines to each units supply, I installed a set up like this a couple months ago on a duplex, took me about an hour and $100 in parts.  

Post: Where did you find your first flip? Wisconsin based.

Scott SchultzPosted
  • Rental Property Investor
  • West Bend, WI
  • Posts 931
  • Votes 597
Never Milwaukee, no interest in Milwaukee, I’m all about small and tiny towns
Originally posted by @Cody Kayser:

@Scott Schultz Thank you! I do have full access to the cash. There would be no lender involved. It would be a cash purchase, cash on hands for the rehab as well. Have you attended a Milwaukee Country Sheriff Auction downtown? Thank you for all of the information it very much appreciated!

Post: Where did you find your first flip? Wisconsin based.

Scott SchultzPosted
  • Rental Property Investor
  • West Bend, WI
  • Posts 931
  • Votes 597

@Cody Kayser I purchased a few off MLS but most of mine have been Sheriff Sales and online Auctions, and a on site Auction. Back when I started buying there were great deals on dates inventory HUD homes, not the case today, they go to the auction sites first through the CWCOT program. The key is to either have access to cash, or a lender that can deal with no tax having interior access, some of my best deals were occupied, with no access, so I had to roll the dice. Always plan for the worst and hope for the best, and NEVER say "how bad can it be" it can Ben much worse than you ever imagined. It can be easy carpet and paint.