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All Forum Posts by: Seth Mosley

Seth Mosley has started 31 posts and replied 142 times.

Post: ASSET PROTECTION PODCAST

Seth MosleyPosted
  • Rental Property Investor
  • Franklin, TN
  • Posts 145
  • Votes 44
Originally posted by @Seth Mosley:

yes I hadn't intended this thread to get personal at all.

One other big question that has arisen:

Are there any measures that you guys would recommend for setting yourself up to lessen the chances of a lawsuit? IE - are there any kinds of clauses you can have in a contract with a property manager or contractors/ etc / or any other strategies you guys have used to make sure you're always on the side of what's right and ethical?

I realize that it can't be 100% bulletproof avoided but I'm sure there are things that can decrease the likelihood of a lawsuit.

 Re posting again to see if anyone has any ideas 

Post: Any One Doing Anything with "Tiny" Houses and Having Success?

Seth MosleyPosted
  • Rental Property Investor
  • Franklin, TN
  • Posts 145
  • Votes 44

anyone know what the zoning would have to be to deal with these types of houses? And how many could you put on one lot?

Post: ASSET PROTECTION PODCAST

Seth MosleyPosted
  • Rental Property Investor
  • Franklin, TN
  • Posts 145
  • Votes 44

and for the record, I am meeting with a few attorneys the next few weeks to get some legal advice on what I should do. I realize that every person's situation is different 

I'll be interested to see if I get the same advice or if it will be different from attorney to attorney..

Post: ASSET PROTECTION PODCAST

Seth MosleyPosted
  • Rental Property Investor
  • Franklin, TN
  • Posts 145
  • Votes 44

yes I hadn't intended this thread to get personal at all.

One other big question that has arisen:

Are there any measures that you guys would recommend for setting yourself up to lessen the chances of a lawsuit? IE - are there any kinds of clauses you can have in a contract with a property manager or contractors/ etc / or any other strategies you guys have used to make sure you're always on the side of what's right and ethical?

I realize that it can't be 100% bulletproof avoided but I'm sure there are things that can decrease the likelihood of a lawsuit.

Post: ASSET PROTECTION PODCAST

Seth MosleyPosted
  • Rental Property Investor
  • Franklin, TN
  • Posts 145
  • Votes 44

All personal opinions aside, mine included,

What I'm gathering so far is that even if you have an LLC, that does not protect you from paying for defense in the event of a suit.

That's not to say let's not get LLCs, that's just to say, I'm finding that the LLC is only a small part of the equation...

Best to have a large reserve or heloc for the undesired times this may happen?

I'm interested to know how some might have handled the $170k defense fees for that one case listed on this thread.

For me that would wipe out any profits I have made in real estate so far a few times over...

Post: ASSET PROTECTION PODCAST

Seth MosleyPosted
  • Rental Property Investor
  • Franklin, TN
  • Posts 145
  • Votes 44
Originally posted by @Paul Choate:

for those following this discussion, I am a not comfortable with the shots taken at the attorney from the podcast. He is/was speaking in generalities which may or may not apply in your situation and jurisdiction. I am a bankruptcy attorney. While I appreciate all of the advice on here from those who have been successful and have never experienced any problems, I spend every work day cleaning up the mess for those who lost. Your experiences and advice are not valid or useful for my clients. 

I am not saying any one technique is going to save you when bad things happen. However, sticking your head in the sand and avoiding or ignoring proper legal advice will cost you. I don't hear anyone claiming they don't use legal structures at all. (If that is what you are hearing internetland- please consider the source.) everything has a proper time and place. 

 BP is here to help educate you. It should be your starting point. You should be  paying significant money to a licensed attorney in your jurisdiction to make any real decisions for your specific situation when the time comes. He or she has their license and professional liability issuance on the line. You are not getting that here. If you choose to go it alone, good luck!  If nothing ever goes wrong, you won the lottery. If you are like the vast majority of people, you need all the help you can get. 

Denigrating asset protection is a luxury the average person can not afford. It's just another layer in your business. It should not be a big deal. Like everything else, you can over do it. Learn all you can, seek proper LEGAL advice, and act. 

 Paul, no one that I gather on this thread, including myself have intended to slander Scott, the attorney on this podcast. It is just the simple fact that when you go public as a guest speaker on a radio show, and putting yourself out there as an authority on whatever issue you're discussing, It is a platform. And with platform comes great responsibility. This is the same if you are a performing artist, a teacher, or a politician, with a captive audience who is putting their "trust" In you. It's a big responsibility to steward knowledge and like one of the posters on this thread said, I believe transparency is a lot more beneficial than fear-mongering and dealing in absolutes.

It is my belief that making absolute statements like "you will be sued", coming from little to no experience, is a bit unfounded and disconcerting, thus making me question the motives. It's not my job to be a judge, I acknowledge that. But this podcast just raised some big questions in my mind about if I need to make some changes in my business structure, and this forum has been intended to gain feedback and hopefully help clarify some of these questions.

Post: ASSET PROTECTION PODCAST

Seth MosleyPosted
  • Rental Property Investor
  • Franklin, TN
  • Posts 145
  • Votes 44
Originally posted by @Steve Vaughan:

As a buy and hold multifamily investor with entities, I will summarize my observations as well. When I listened to the podcast, I felt under protected holding title to my multi's in properly structured and managed LLCs separated by asset-type, purpose, region, when partners are involved, etc At first. As long as title started within the LLC and wasn't quitclaimed/transferred to it from my name, I am comfortable with this structure. Without some level of anonymity though, why bother? I do not hold title to single-family homes or condos in an entity, unless it is part of a larger portfolio of like addresses. No amount of fancy ppwk or entity structure will ever protect me if I commit intentional fraud or negligence. Be honest and fair, always. The DST idea struck me as flimsy. If property can be controlled with a piece of paper from anyone's drawer or computer, whose to say who truly has right to the asset and income? What if some creative crook seeks these out only to provide ppwk stating they are the owner? Complete anonymity has the large disadvantage of it being hard to prove even you are the 'owner'. If I was so afraid of being sued at every turn, I would own nothing but my own home and a car payment or two like most people. If you are honest with people and carry insurance, 99.9% of your small buy and hold properties will give you no trouble whatsoever in your own name. I have owned rentals of different types since 2002 and have never been sued, but I am not a rehabber. Thank you for posting this thread @Seth Mosley .  Some of your posts took real guts to say!

 This has definetely taken a great turn on this post. I feel like I've learned a bit from all of your experience...now if we can find out how bp chooses and plans their podcast guests :p

Post: ASSET PROTECTION PODCAST

Seth MosleyPosted
  • Rental Property Investor
  • Franklin, TN
  • Posts 145
  • Votes 44
Originally posted by @Mark Esposito:

Popular topic. shows posters are interested in the area.

Thanks Jay,

Briefly, there was an accident on property I controlled where 5 people were injured and one even broke their neck. Helicopter ride to the ICU, the works.

More important than anything, everybody healed with no hard feelings. The lawyers had a field day but 5 years later I survived with paying only $5k out of the LLC's pocket and learned a lot in the process.

 If you'd be so kind as to elaborate, what did you learn in this process?

Post: ASSET PROTECTION PODCAST

Seth MosleyPosted
  • Rental Property Investor
  • Franklin, TN
  • Posts 145
  • Votes 44
Originally posted by @Brian Burke:

@Seth Mosley , I agree with @Bill Gulley who are both experienced guys and didn't keep what they built simply because of entity structures. I'm in the same camp.  It's funny, the question of "to entity or not to entity" is one of the most asked questions on BP and the pro-entity crowd is typically dominated by folks that have bought between 0 and 10 properties in their investing career. The experienced investors are usually the ones saying that entities are most likely unnecessary. Coincidence??

I've made my opinion known many times but I'm happy to chime in again.  Let me begin by saying that I have entities. I don't have entities for asset protection, however. I have them for legitimate business purposes--to segregate groups of investors, varying ownership percentages between myself and my partners, and for branding.

I know that Bill and Jay have been lucky (good?) enough to have not been sued so if you have followed this thread this long you might believe that the "you will get sued" statement is untrue. I'll present the other side of that story. I believe that if you do enough of this for long enough it's most likely a matter of time. You will get sued. SO WHAT?!?!  It's a reality of business.

I've been in this business for 25 years. Bought over 700 properties. Owned over a thousand doors and currently around 500 or so (not counting interior doors, LOL).  So my exposure is high. My personally-owned rentals are just that--owned personally, as in my own name. Remember that my entity owned properties are for a business purpose?  That's why. Not saying that what's right for me is right for you, nor am I saying that it's right for me (I could be wrong) but it's worked out fine.  I have lots of insurance.

I've been sued several times. I can think of seven times off the top of my head. There may be more but I don't remember for sure. Why not?  Because they obviously didn't make a big enough impression on me to even matter. 

Let's talk about those suits. Two were in small claims court by tenant plaintiffs. Both tenants lost. Cost of defense: some wasted time showing up to court.  Another one of the suits was a guy I sold a flip to who claimed that my contractor didn't do something correctly.  It was true, but the homeowner wouldn't allow the contractor back in to fix it--he wanted to shake us down for $5K in small claims court. We offered him $1,500 in lieu of the contractor making the repair but he wouldn't take the money. In court the judge ruled in his favor and awarded him $1,500--so we lost but won.  

Three suits were cases where I bought a house on the courthouse steps at a foreclosure auction and the foreclosed-out homeowner sued their lender for botching the foreclosure and me for quiet title, misrepresentation (for evicting them when I didn't own the home that I paid for), and fraud (for what? Signing over a cashier's check?).  I won all three cases. One cost $30K to defend (settled with the lender rather early-they refunded my money, I gave them the house, and they paid me a bit for my trouble), one cost $20-30K (don't remember exactly but it got thrown out of court before trial) and the third cost over $170K and counting (this one went to trial, I won but now the idiot is taking it to the Court of Appeals so I'll be continuing to pay for who knows how long). In addition to those defense costs I'm out over $100K in holding costs for houses I couldn't sell during the litigation (the third one going on 4-1/2 years).  

The final case is one where I bought a house on the courthouse steps and evicted the occupant. She refused to move her stuff out of the house even after the statutory time in which she was allowed to retrieve it. I was entitled to dispose of it but I couldn't morally do it--her whole life was in this almost 3,000 SQFT house. So, I hired a moving company to move everything to storage units. When she reimbursed me for the moving cost I gave her the keys to the storage units. Three hours after giving her the keys to seven storage lockers I get a call from the police--she claimed we stole a pocket watch and all of this other stuff. How could she know that out of all of that stuff there is a missing pocket watch in only three hours when it took a crew of six guys three days to load it is beyond me. She filed suit for theft of over $1.2 million worth of property!  She produced a list of hundreds of items that we alledgedly "stole", and our private investigator found most of the items in the storage units during discovery (the rest of the items didn't exist)--the whole suit is BS but this woman is a serial plaintiff and hired a lawyer who has a a pending license suspension to represent her (birds of a feather...). This one is going to jury trial.

Now for the meat of my point:  All of the properties associated with these suits except one of the tenant claims were owned in an entity. Will someone from the pro-entity crowd please explain to me how having an entity (actually multiple entities) helped me???!!!  Or prevented this??

The practical risk, in my opinion, is not judgments, it's the cost of defense and having an entity does not eliminate the cost of defending yourself from frivolous lawsuits!  If you want to be in this business, you have to live with the fact that you are a target.  

 Brian - amazing post. Very enlightening to me personally.. Thanks for taking the time 

Post: East Nashville Duplex Analysis

Seth MosleyPosted
  • Rental Property Investor
  • Franklin, TN
  • Posts 145
  • Votes 44

right now Nashville in general is tough to find slam dunk deals

I have a few that I'll be syndicating soon if you'd like info when the time comes