All Forum Posts by: Stacy Tring

My understanding is that most lenders will file a mortgage lien on the subject property as soon as the loan is signed so as to preserve their rights, but what if the lender did not do so before the borrower defaulted? Can the lender still file the lien after-the-fact as long as the promissory note clearly indicated that the intent was for the subject property to be collateral?

Three people signed the rental agreement, which states all tenants are joint and severally liable. It also states that any security deposit refunds owed will be made payable to all parties on the lease agreement.

One tenant has stopped contacting the roommates and us, and we are not sure they are planning to return. We do not suspect foul play because apparently that tenant's relatives have reported to the remaining tenants that the MIA tenant has moved in with another relative (but did not give that MIA tenant's new contact information). 

Our local statute specifically says: "the tenant shall not be considered to be absent from the dwelling unit without notice to the landlord during any period for which the landlord has received payment of rent." Since the remaining tenants have still been paying, I'm not sure that I can treat the MIA tenant as absent.

Let's say the remaining tenants decide to move out (probably because they will eventually have trouble paying) and I make the refund check payable to all the tenants per the rental agreement (and to protect myself against claims from the MIA tenant), but they can't cash it because they can't reach this third roommate.

Any recommendations on what to do with the money or what course of action to take? Thanks in advance.

Hi all, I want to get out of the real estate game and do a 1031 exchange to roll my equity into a home that I will eventually live in after the 2-year required rental period. Besides hiring a realtor to do a traditional listing or selling to a "cash for homes" company, what other options might I have for finding potential buyers? I don't have a network of investors I am part of, and honestly I don't think these properties are especially well-suited for an investor. It is far more likely that a first-time homebuyer is going to buy as their primary residence. Just exploring my options. Thanks.

Thank you for your response! So it sounds like the two cousins have to split everything 50/50 unless they have some sort of partnership agreement in place? It just feels weird to treat it as a partnership because a primary residence isn't a business. 

Cousin A just basically wants to cash out their equity on half the house, whereas Cousin B needs to get a property they intend to rent out. It would just be so much easier to let B report all income/expenses than to have A & B split everything but A also pay B rent!

Cousin A currently lives in one half of their primary residence and rents out the other half.

Cousin B has a rental property they want to get rid of by doing a 1031 exchange.

If Cousin B buys 50% of Cousin A's house as tenants in common, can A & B essentially switch over the rental income to B, whereby B reports all rental income and expenses on their taxes and A reports no rental income and expenses? Or, do A & B have to report all rental income and expenses 50/50?

Hi all,

Spent all morning trying to research this and get conflicting answers, so let's try the BP hivemind.

1) Is depreciation recapture ALWAYS taxed at 25%, or is it taxed at your ordinary income rate UP TO 25%? I've seen conflicting answers, but  I get the sense that it used to be 25% always but changed at some point to being taxed at your ordinary income rate?

2) Can you use OTHER capital losses (from other projects unrelated to the property being sold) to offset the depreciation recapture on the sold property? I know that if you had a loss on the property being sold, there is no gain or recapture to tax. But what if I have other properties that generated a capital loss?

Thanks in advance!

Just wondering if that is the only way to sell a property and not have to pay any depreciation recapture. Thanks in advance.