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All Forum Posts by: Steve K.

Steve K. has started 29 posts and replied 2750 times.

Post: Seller will not provide bank statements in due diligence

Steve K.#3 Real Estate Horror Stories ContributorPosted
  • Realtor
  • Boulder, CO
  • Posts 2,853
  • Votes 5,074

The commercial lenders I work with do not require bank statements or taxes from the seller. We have to show our bank statements, taxes, and demonstrate that we have adequate reserves to our lender as borrowers of course. But all we need to get from the seller for underwriting is lease agreements/rent roll, estoppels, receipts for any recent capital expenditures and operating statements. I could see how getting bank statements/taxes to help verify the history of the building would be helpful, and it probably doesn't hurt to ask, but in my experience (4 plexes as well as small commercial 5-24 units) it is not a lender requirement nor is it customary.

 I personally wouldn't push the issue. I'm mostly concerned with getting a really good inspection, during which I'm on site the whole time going through crawl spaces, talking to tenants and collecting as much info as I can. Pro-forma rents are based on market data/how much updating I plan to do. Also I just always assume that one of the tenants is Mr. or Mrs. Murphy of Murphy's Law infamy, and have adequate reserves going in to account for that unavoidable fact. @Kyle Mitchell

Post: Thoughts on Murder house?

Steve K.#3 Real Estate Horror Stories ContributorPosted
  • Realtor
  • Boulder, CO
  • Posts 2,853
  • Votes 5,074

@Phil K. There’s a famous “murder house” here in Boulder, the JonBenet Ramsey house. It has not had a great track record in terms of being a liquid asset. The current owner lowered the price below $2M while comps with no murder were all over $3M. but still couldn’t offload it. It’s a beautiful house in a fantastic location too. The owner even had the address officially changed, which I though was a pretty good idea. Still no sale though, last I heard it was sitting vacant.

Post: Seller will not provide bank statements in due diligence

Steve K.#3 Real Estate Horror Stories ContributorPosted
  • Realtor
  • Boulder, CO
  • Posts 2,853
  • Votes 5,074

@Kyle Mitchell Profit and Loss (P&L) statements, Trailing 12 (T12), and Estoppels are common, sometimes Schedule E. Never heard of bank statements myself, and not sure I'd be comfortable with that as a seller. I only really like to show P&L/T12 and estoppels, because if the president doesn't have to show his, I don't want to show mine either.

Post: Im 19 years old with $160k. How do I invest?

Steve K.#3 Real Estate Horror Stories ContributorPosted
  • Realtor
  • Boulder, CO
  • Posts 2,853
  • Votes 5,074

@Gregory L. Nobody has mentioned this idea yet so here goes: but yourself a primary residence. I always wished I had the means to buy myself a house during my college years instead of renting. Part of this is because my college town had ridiculous appreciation. I would have doubled my money during the 5 years I lived there, instead of spending $30k on rent. This may or may not be the case for you regarding appreciation, probably not, but at the very least you can rent rooms to friends and make money instead of renting/living in the dorms (barf). Buying a primary is most people’s starting point, and probably makes more sense than buying a mobile home park that is priced too good to be true (major red flag in a high risk sector of real estate). As a homeowner you’ll get to learn all about the joys of taking care of a property and managing a college rental at the same time lol. Depending on what town you’re in, you might be able to just pay cash (but I wouldn’t spend any more than maybe $120k so you have adequate reserves especially considering you may not have steady income), or perhaps your parents would co-sign on a loan. Not enough info in your post to know if any of this actually makes sense for you or not, obviously you’d want to be sure the area has appreciation potential, and maybe you’re not even planning on staying at that school 4 years in which case don’t buy, but just a thought as it’s something I would do myself if I could go back in time and had that money at 19. Finally, whatever you did with your first business, do that again as many times as possible, sounds like that’s a much better gig than real estate!

Post: New Landlord advise.. Evict? Or wait it out...

Steve K.#3 Real Estate Horror Stories ContributorPosted
  • Realtor
  • Boulder, CO
  • Posts 2,853
  • Votes 5,074

@Jeremy Mattson you’ll want to check your local quidelines for specifics on your jurisdiction. I’m only familiar with my own state. In CO, posting on the door (in addition to mailing it), serving in person or sending via certified mail are all legit methods. The certified mail receipt is proof you served the notice, or at least made every effort to, and since she paid the late fees on the ones you posted to her door, that probably qualifies as a acknowledgment of receipt. When serving in person, I have the tenant sign the bottom of my copy and their copy, and I sign too in acknowledgment of it having been served on that date. It can also be served to anyone at the property of suitable age so you could serve her kids if they’re 18. That’s weird the certified mail couldn’t be delivered, not sure what happened there, maybe she refused it or something. Since she’s your neighbor I’d just post on the front door as well as any other doors, make it unavoidable to see, and drop a copy in her mailbox or wherever she gets mail too. Being her neighbor you will probably know if she’s seen the notice. Any judge should accept that if you’re certain she saw it and you made every effort possible to deliver it. If you’re in doubt you could have a professional serve it. Again, check your local laws, just read everything in your local tenant-landlord handbook regarding evictions as well as the Nolo website for your state. Having a record of when she paid rent and/or late fees should be enough documentation to establish chronic later rent payments but definitely follow protocol according to your local guidelines.

Post: New Landlord advise.. Evict? Or wait it out...

Steve K.#3 Real Estate Horror Stories ContributorPosted
  • Realtor
  • Boulder, CO
  • Posts 2,853
  • Votes 5,074

@Jeremy Mattson Well that makes it as easy as possible for you psychologically; you shouldn't feel bad about evicting someone who has already exceeded the limits of charity from their church and even their mother. My case was the same in that way: she even had a grant program for single women willing to pay her rent, she just never filled out the paperwork. I attempted an amicable split, offered to waive the late rent plus late fees and even offered her a week more free rent to get out if she went peacefully and didn't damage the property on her way out. I reminded her that if I had to evict, having that on her record plus garnished wages and ruined credit would make it impossible for her to get another apartment. But she didn't take my offer. Maybe she thought, "I'm a single mother, they won't just kick me and my kid's butts out in the street." I included all late fees, court fees, lease violation fees, and damages in the Notice to Pay or Quit. Surprisingly she actually showed up in court. I stuck to the facts and kept it extremely simple: she was chronically late on rent, hadn't paid her utility bills, and I wanted her out so I could replace her with a more responsible tenant (I didn't even get into the lease violations, as I didn't want to). When it was time for her side of the story, she launched into a litany of excuses. The judge literally cut her off mid sentence, Judge Judy style, and simply asked, "Can you be out tomorrow on your own, or do I have to get the sheriff to forcibly move you out?", and that was that. 

Maybe this is the rock bottom moment your tenant needs to get her act together. Anyway, not your problem. The eviction will be over before you know it, you'll learn how to do it, and you'll feel so much better after it's done with the unit rehabbed and a quality tenant in place. Sounds like you're bootstrapping so you probably don't want to pay a lawyer. Just look up the process on your court jurisdiction's website. It's not that hard in my experience and all the forms are right there. With unpaid utilities, lease violations, and chronic late rent that you've served notices on and documented, it's a pretty cut and dry case. Just follow the process exactly as your jurisdiction requires, don't deviate at all or you may have to start all over.  

My main take away from my first eviction was realizing the importance of serving notices to pay or quit and charging late fees immediately every time rent is late beyond the grace period. I'm not rude about it, I usually don't even talk to the tenant but if I do I just say "Company policy. We need you to pay on time so we can pay our own bills including the mortgage for this building on time. Banks don't tolerate late payments so neither do we." If the tenant pays, great, I halt the eviction process. Late fees equal more revenue plus I've got documentation of the late payment that I can use if I need to evict down the road. If they don't pay, the eviction process has already begun so lost revenue is minimized. As far as lease violations go, they just get the one written warning along with a hefty fine. Failure to cure or subsequent violation results in automatic eviction. It's so much easier to just serve notices than it is to track people down, listen to excuses, haggle over details, etc. I don't do any of that anymore. It's simply business. It sounds like you're already on the right path since you mentioned you served her notices, so you're off to a solid start. Good luck! 

Post: New Landlord advise.. Evict? Or wait it out...

Steve K.#3 Real Estate Horror Stories ContributorPosted
  • Realtor
  • Boulder, CO
  • Posts 2,853
  • Votes 5,074

I’m not a huge fan of cash 4 keys, personally. It just rewards bad behavior and trains people to become professional tenants. But it’s cheap and easy to evict where I operate, so I’d rather pay the nominal court fee than the tenant. Depends on what the eviction process is like in your neck of the woods I guess. Most tenants get out once the notice to quit is served, and it doesn’t go to court anyway. It could be worth just asking her politely to leave, point out that it’s become obvious she can’t afford the unit seeing as she’s always behind on bills, explain that you are hoping to remodel the unit anyway, and give her a few weeks to get out. If you can keep it amicable that’s ideal, but I wouldn’t hold my breath. Even if you do reach some sort of agreement like that, I would start the eviction process anyway so that when the day comes for her to move out, and she hasn’t moved out, at least you’ll be that much closer to being able to evict. If you make a cash for keys offer, don’t pay her a cent until she’s completely out, the unit is clean and the locks are changed. If it’s comes to eviction, follow the process exactly as your state requires: stick to the lease violations/evict-able offenses, don’t get dragged into any bs or accept partial payment, follow the process exactly as your state requires all the way through. I hear you on the single mom thing, it’s tough. Unfortunately in my experience a high percentage of renters are single moms. In fact my first eviction was a single mother of 2 in a very similar situation to yours where she started sliding downhill by not paying her utility bills. I got a service call for her furnace and when I got out there I couldn’t figure out what was wrong with the furnace for about an hour until I realized the gas company had turned her gas off at the meter. She told me every excuse in the book, including that she had just been diagnosed with throat cancer. I talked to her boss and her doctor, it was all lies. I should have evicted sooner.

Post: New Landlord advise.. Evict? Or wait it out...

Steve K.#3 Real Estate Horror Stories ContributorPosted
  • Realtor
  • Boulder, CO
  • Posts 2,853
  • Votes 5,074

Evict yesterday. I find it's best to give only one warning for lease violations. The warning comes in writing along with a hefty fine (usually $200), and the tenant is informed that this is their one and only warning. If they don't pay the fine and cure the violation immediately, it's time to go. If there is ever a second lease violation, time to go. The tenant has to know you mean business. This line of work is all about managing risk, and there is no greater risk than a bad tenant. 

The sooner you get her out, the sooner you can rehab the unit and catch up on deferred maintenance issues before they turn into bigger problems, like you just learned with the furnace. It's not a coincidence that mechanical issues/ clogged drains/ egregious wear and tear etc. tends to happen more often in units with bad tenants. Get the smoke smell out (ozone machine, deep cleaning, painting, carpet shampoo/replacement), fix the place up and get a responsible tenant in there asap, hopefully at a higher rent. Stabilize your investment, you'll feel much better once you do!

Post: Morris Invest and Clayton Morris Review

Steve K.#3 Real Estate Horror Stories ContributorPosted
  • Realtor
  • Boulder, CO
  • Posts 2,853
  • Votes 5,074

 For awhile there any negative comments on his YouTube channel were getting scrubbed immediately. It’s a shame YouTube hasn’t taken that channel down yet. I actually reported the channel as a scam because I got sick of seeing his ads. Maybe if more people report the channel it will get taken down. 

This is unfolding like the Real Estate version of Fyre Festival or Theranos. In those cases both leaders (Billy MCFarland and Elizabeth Holmes respectively) doubled down on their scams even when it was painfully obvious their jig was up. They both still deny having lied to customers or misleading investors even after they've been proven guilty. A lot of smart people were duped in those two situations too, not just blind consumers but also sophisticated multi millionaire investors, when in retrospect it should have been obvious to everyone that the products were actually vaporware. There are many parallels to these cases and Morris: the schemes relied on a charismatic leader that inspired confidence and got investors to open their checkbooks with little due diligence, the scammers ended up being victims of their early success in that they oversold something and in the end couldn’t deliver. Also instead of admitting it when they should have they tried to sell and cheat their way out.

Regarding the blame game/ not taking responsibility: the problem with these Morris Invest deals began with Morris and the way they were sold by his company, so passing responsibility on to his partners doesn’t work for me. I think it’s safe to say that nobody could have delivered what he was selling in the volume he was selling it, and that’s probably what Oceanpointe will say in their defense. But let’s say he really didn’t know what was happening with his business and was simply set up by his partners; even given that (undeserved) benefit of the doubt, at the very least it was pointed out to CM early on through many, many investor complaints that he was the face of something that wasn’t right. So he knew then, why not stop selling at that point? He chose to keep taking people’s money. There’s also no doubt that he saw in person some of these burned out, economically and functionally obsolete houses he was selling. He knew or should have known they were not worth much, and connived his customers into overpaying for them anyway. He did this through not just his celebrity status, good looks and silver tongue, but also with a well designed and polished high pressure sales program that relied on fear of missing out and classic bait and switch tactics to rush customers into bad decisions without conducting inspections, getting appraisals or any of the usual due diligence. The way it was set up on both the sales end (his side of the biz) and boots on the ground side (Oceanpointe), seems very intentional and makes it hard to see it as anything but fraudulent in its entirety. At a minimum he continued doing business with the same partners well after he knew they were shady. Using his advice, which he was unqualified to give as a novice investor himself, people over-leveraged themselves on their personal residences, borrowed money from friends and family, scrounged up every penny of their life savings, and sent that money to his company in exchange for “financial freedom”, a product that wouldn’t be delivered. That makes him a willing, complicit, central player and perpetrator in a scheme that defrauded people. Whether or not he was the actual mastermind or just a hapless wingman isn’t that important and definitely doesn’t absolve him of guilt. Oceanpointe wouldn't have been able to pull this scam off at this scale without CM's marketing and willingness to continuing the charade when he knew people were being ripped off. He was robbing from Peter to pay Paul running a Ponzi scheme, that doesn’t happen by accident. But what else can he say except either “I’m sorry, lock me up” or “they made me do it”? Of course it's easier to place blame than accept responsibility, but throwing partners under the bus might not work to his advantage ultimately as I expect they are returning the favor by sharing info on him with the authorities now as well. To a scammer everyone is a mark including partners. I don’t have a dog in this fight, my only involvement is I have a friend who bought a Morris house and recommended them to me so I started researching on here and found all this. Now I’m just captivated by the slow motion train wreck it has become. I believe Bernie Madoff was first reported in 1999 and didn’t get busted until late 2008, so I guess these things just move painfully slow and are allowed to continue all the way up until they reach an absolutely egregious tipping point before authorites finally step in. Too bad for anyone caught in the web in the meantime. I think @Jay Hinrichs is right: sociopathic or at least pathological, but I’m no psychologist. It’s just that seeing it unfold on here, the way it was set up from the beginning then the crazy email chain that began after the unintentional cc’ing of all the disgruntled investors... and right at that point in time, when Clayton had to of been getting overwhelmed with calls from worried investors and their lawyers, I tuned in to his channel and he was releasing a video about how to avoid getting sued, with his wife in their living room. It does seem a little sociopathic. My guess is that he just wanted so badly to believe in his own success that he truly felt he deserved it. There had to have been an unhealthy dose of “dog eat dog” in his mentality. I don’t know if that’s sociopathic or pathological or just a millennial thing or what, all that’s beside the point anyway. Whatever happened/is happening over at Morris Invest, it ain’t right.

Post: 1031 into another property we own by paying off promissory note?

Steve K.#3 Real Estate Horror Stories ContributorPosted
  • Realtor
  • Boulder, CO
  • Posts 2,853
  • Votes 5,074

Got it. Thanks! Lucky for me there’s no such thing as a stupid question, right?!

@Dave Foster