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All Forum Posts by: Sylvia H.

Sylvia H. has started 7 posts and replied 139 times.

Quote from @ASHLEY RICHARDSON:

Hi, My name is Ashley I am new to Real Estate.I looking into wholesaling, rehab, and buy and hold(landlording) apartment complexs.But where do i start? Where do i go? How do i fund it ? How do i get the deal under contract? And What contracts do i use? i understand the concpect but i want to get started and dont know how?!?!?!? i have bought book and so on. I've been wanting to invest in real estate ever since i was 12 years old and now 12 years later im ready to start. but i have a problem bad credit and no money? please help thanks

Get your credit cleaned up and save your money. You can't buy anything without those two things. 
Quote from @Jacky Johnson:

I had a tenant who moved out almost 6 months ago. Yesterday, I received a written notice mailed to my address from his garbage collection company that he used while renting my property that he has a past due around $8. The garbage collection company said this is a final notice and I need to pay this amount within 30 days or a lien will be placed on my property. I have noticed my tenant and still waiting for his response. I know my tenant’s new address and he bought a home. What disciplinary action can I take against him if he doesn’t pay on time? Paying his past due myself is the last resort.

My time is worth more than 8 dollars. I would just pay it. 
Quote from @Kenneth Garrett:

@Bob Stevens

Hi Bob, sorry to hear about your situation. Condemnation only means the house is unfit for occupancy. It doesn’t mean anything more than that. I disagree the city only cares about revenue. It is there obligation to ensure the unit’s are compliant with building codes. Fees are just a means to get compliance.

During due diligence, I always fill out a FOIA request (Freedom of Information Act) through the city. I ask for any code violations on the property, history of permits, outstanding permits, outstanding water bills, zoning district and compliance and litigation that might be ongoing. The information is free and takes about a week to receive the information or less. That would have avoided this unfortunate situation.

Contact the city and work with them on what needs to be done. I think it’s unnecessary to move tenants out for them to inspect. This is going to be sensitive with the city. Just because a property is condemned does not mean it’s recorded. A title search will not necessary reveal this.

You may need to hire an attorney if it becomes ugly with the city. I was a building and zoning official for over 30 years feel free to dm me.

Exactly. Your post was spot on. The city officials aren’t trying to give people a hard time, they are just doing their job. I’m sure something reasonable can be worked out. 👍
Quote from @Peter Walther:
Quote from @Sylvia H.:
Quote from @Veena Vaidyanathan:

Hi All, Noob out of state investor and this is my first investment property. 
I recently closed on a duplex in OH. Both units were being rented. However Renter 1 stopped paying rent during the ownership transition.

Property management tried to register the property with the city to start the eviction process.
Shocker: When they attempted to register, the city responded back saying this property is condemned.

It appears seller purchased this condemned property, renovated it however didn't get the necessary city approvals and permit. None of this was surfaced prior to the purchase.

PM is saying we'll need to evacuate both renters and run a complete city inspection which is going to take several months if not a year.

Looking for help here. 

Question 1) At what point should this have been caught? Can I go behind the seller or real estate agent with a legal action?

Question 2) Should i evacuate the tenants and proceed with city inspection. Any prior experience dealing with this situation. Both time and money?

Question 3) What should my priority be in terms of next steps here?

Common sense indicates that you should have checked that apartments were in compliance prior to buying the home. It is up to the buyer to perform their due diligence prior to closing on a property. A realtor isn't going to do that for you nor is the lender. Lender is only concerned with value should they need to foreclose, realtor is only concerned with is this a legal 2 unit. Closing attorney or title company checks title. Not sure if the fact that the house was condemned was put on the title, some town halls are behind.  Beyond that it's up to you I'm afraid. All is not lost however. You now own the property and will have to make it legal. You should be able to get someone from the town to inspect the unit so at least you can get a certificate of occupancy. I don't know why they would need you to empty the house. That sounds ridiculous. What difference does it make? They aren't going to tear up the walls to see what's behind them. Get a plumber and an electrician to check the wiring to certify that there are no safety hazards. Beyond that the town should be able to work with what is there to deem it livable.  Next time check yourself. Any permits would be on the field card at the town. I wouldn't waste time sueing anyone because that doesn't fix your problem and will take years to sort out. Good luck to you. 
Oh no, someone who thinks the guy laying out cash should have some responsibility, what's the world coming to?  However, if the house has been condemned I suspect there is something more wrong than just cosmetics. 
By definition the place is unfit for use.

condemn

v. 1) for a public agency to determine that a building is unsafe or unfit for habitation and must be torn down or rebuilt to meet building and health code requirements. 2) for a governmental agency to take private property for public use under the right of eminent domain, but constitutionally the property owner must receive just compensation. If an agreement cannot be reached then the owner is entitled to a court determination of value in a condemnation action (lawsuit), but the public body can take the property immediately upon deposit of the estimated value. 3) to sentence a convicted defendant to death. 4) send to prison. (See: condemnation action, eminent domain, capital punishment)

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.

Yes, they are going to tear off the sheetrock to make sure the wiring, plumbing and mechanical are up to code.  That's why you generally get the rough in inspected before putting up the drywall.  I suspect no tradesmen is going to sign off on work someone else did.
No. This is not a new house. A town can condemn a property for a myriad of reasons. There might be repairs the previous owner didn't do and the city condemned the property. The plumbing and electrical can be checked at the box. Outlets can be tested. You don't have to pull the house apart to do that. Those items are checked on old houses all the time and there is no record of who worked on them. Also foreclosed properties tend to be a big mystery box. I've purchased old homes and the tradesmen were able to go in and check the plumbing and electrical wiring without ripping the sheetrock off. It's the connections that need to be done right so they can check that without doing too much damage. Ridiculous 
Quote from @Veena Vaidyanathan:

Hi All, Noob out of state investor and this is my first investment property. 
I recently closed on a duplex in OH. Both units were being rented. However Renter 1 stopped paying rent during the ownership transition.

Property management tried to register the property with the city to start the eviction process.
Shocker: When they attempted to register, the city responded back saying this property is condemned.

It appears seller purchased this condemned property, renovated it however didn't get the necessary city approvals and permit. None of this was surfaced prior to the purchase.

PM is saying we'll need to evacuate both renters and run a complete city inspection which is going to take several months if not a year.

Looking for help here. 

Question 1) At what point should this have been caught? Can I go behind the seller or real estate agent with a legal action?

Question 2) Should i evacuate the tenants and proceed with city inspection. Any prior experience dealing with this situation. Both time and money?

Question 3) What should my priority be in terms of next steps here?

Common sense indicates that you should have checked that apartments were in compliance prior to buying the home. It is up to the buyer to perform their due diligence prior to closing on a property. A realtor isn't going to do that for you nor is the lender. Lender is only concerned with value should they need to foreclose, realtor is only concerned with is this a legal 2 unit. Closing attorney or title company checks title. Not sure if the fact that the house was condemned was put on the title, some town halls are behind.  Beyond that it's up to you I'm afraid. All is not lost however. You now own the property and will have to make it legal. You should be able to get someone from the town to inspect the unit so at least you can get a certificate of occupancy. I don't know why they would need you to empty the house. That sounds ridiculous. What difference does it make? They aren't going to tear up the walls to see what's behind them. Get a plumber and an electrician to check the wiring to certify that there are no safety hazards. Beyond that the town should be able to work with what is there to deem it livable.  Next time check yourself. Any permits would be on the field card at the town. I wouldn't waste time sueing anyone because that doesn't fix your problem and will take years to sort out. Good luck to you. 

Post: Mortgage Broker/ Loan officer

Sylvia H.Posted
  • Posts 141
  • Votes 61

You have to use someone who is licensed to do business in the state you are buying in. If your  friend is licensed in that state you can use their company, if not you need to find someone who is. Most large lenders are licensed in all 50 states

Quote from @Tariq B.:

@Sylvia H. I’m not new to section 8 it’s just extremely frustrating how there are no guidelines to passing, there is no standard it’s up to however the inspector feels that day. And we are just supposed to take it with no recourse. Only for tenants to destroy the property again. If the condition of the property is good enough for the tenant moving in who is the inspector to say that a wall needs to be painted.

Don't know what to tell you. If you want to rent to Section 8 people you have to deal with the inspector.  Some tenants will live anywhere with no standards.  Perhaps you are renting to the wrong people.  

Quote from @Tariq B.:

I am frustrated. Once again I feel defeated by the awful inspection system of Baltimore City.

I just had one of my units inspected and it failed for the most subjective items.

Such as:

Paint walls in basement laundry room (it’s in a the basement)

Remove bars from basement window

Fix or replace dryer making noise (it heats ups and works)

Paint basement door

Clean cabinets and sink (they are emptied and clean)

Paint basement floor (it was paired during turnover)

Clean all windows (8 of them are new from this turn over)

Back yard clean up debris (he didn’t like the leaves in the back yard)

The inspection process for Baltimore City section 8 is so broken and subjective. It’s al Pat like the inspectors are expecting to be paid off and if you don’t they come up with unnecessary “repairs”.

The inspection is to make sure the house is safe and up to HUD standards. Having to paint walls that have never been painted or painting a back door, or removing bars from a window when there are multiple exits are not health and safety concerns.

Have any landlords in the area has any luck fighting these erroneous requests?

 I would make sure when the inspector comes that you be present. When the owner is present you an ask questions such as why do I need to paint the basement. Here is what I think might be the problem. The bars on the window create a barrier to exit if there was a fire and someone got trapped down there. A dryer making noise indicates that there is a problem and the dryer could catch fire. I would want to fix it if I were you. The leaves in the backyard is a bit of a stretch but maybe they don't want the house to look unsightly. Any area that you use such as a laundry room for your tenants would have to meet the same standards as the apartment would. So that might be why they wanted you to paint it. Again a room used for laundry should be kept nice and clean and I don't really disagree with that. If the inspector is there with the owner present they can speak to you and get you involved in their decision. Basement or not the room has to be well ventilated and safe. Bars on the window can be problematic. When the inspector comes for the recertifications also make plans to be present or your tenant will be pointing out everything so they can get a home makeover at your expense. Welcome to the world of Section 8. Keep a good attitude and comply. Best way to get on the good side of these guys. 
Quote from @Conner Hitchcock:

So I’ve nearly got my first day as a landlord in the books until I get a call from my tenant….

The top loader laundry machine explodes.  Apparently during its first run, the drum comes loose and blows the front off the which causes the washer to drain onto the newly installed carpets and proceeds to flood the basement.

Glad I bought a dehumidifier yesterday and had a bunch of towels lying around 😂😂😂. We’re getting it cleaned up and I am off to Home Depot tomorrow to get another new washer!


Who knew being a real estate investor was so glamorous 😂😂😂

That is exactly why I don't allow washers in apartments. I always put them in the basement in a nice laundry room. So much easier. 
Quote from @Jonathan R McLaughlin:

this is--complicated. 

1) I don't know CA but MA has some of the strictest lead laws in the nation so it may be comparable. You may be looking at "strict liability" meaning any kid in that apartment that has elevated lead levels can hold you responsible, they don't have to prove that it was from the house and indeed it very likely wouldn't be. 

2) with the tenants aware of this and needing it remediated you are going to have to do so, pretty much immediately if there is a kid in there or about to be. In MA I think you have 90 days before your liability kicks in. Don't quote,  me this is from memory and I'm not a lawyer...but its something like that. This is going to be true even if your seller is provably at fault and you can hold them financially responsible. It is your problem now. Oh by the way, this often applies to any child under 6 just visiting :)

3) First call to a lead remediation company which can examine and make recommendations. Its not always grotesquely expensive. There is interim control, painting only certain areas etc. often around door frames and older windows...but it can be tens of thousands of dollars in a worst case scenario.

4) Second call to a qualified attorney who specializes in this area. Pay him/her, do not go cheap and find a generalist or a brother in law or what have you. Let them guide you. 

5) Get moving quickly on both ends (the remediation and the attorney) immediately and my gut is you will be able to hold the seller accountable. This is one of those rare areas where it can be pretty cut and dried and in their best interest to provide you some financial relief. And they are flush from the sale now as well.

You never know, it might be a long ago citation for a minor thing that was painted over and this will be a trifle, but....

6) Get the tenants on your side by doing everything within deadlines and keeping them in the loop. Its going to matter. FYI you will likely be responsible for providing them housing during the entire remediation process, short or long.

7) Seriously, people have many ways of dealing with this before its a documented issue, but once it is public it has to be handled properly. You are tremendously exposed. It may be next to nothing but don't be shocked if the bill is all out of keeping with what you think of as the scope of work. The company performing the work takes on the liability and they are going to charge you for it. DO NOT get the same work done by an uncertified company even if its just as good...it doesn't cover you and will hurt your resale value.

8) I'm writing this from a liability perspective. The medical issues surrounding actual lead poisoning are devastating and you have a moral obligation to deal. 

9) I'm talking about liability more than health because we all grew up in houses with lead paint and actual poisoning was rare.  And even pre 78 houses have had so many renovations stuff is often buried under layers of changes and isn't a practical problem with reasonable parenting and reasonable maintenance. This cuts both ways though--for something to be elevated to public record means it often gets heightened attention.

10)'acceptable' levels have been lowered and lowered and so even though kids may not have had major exposure as youths the standard is much different now. Acceptable levels have ranged from 20s and are now at 2-4 to give you an idea of how different things are now.

Good luck, do not panic, but face head on and quickly

Hi there. It's not a huge deal. You can fix that and get a clean bill of health from the city. The lawsuit question should go to the attorney as none of us are attorneys in your state.  Just a hunch says the seller should be liable. You were somewhat warned because the real estate contract said "may contain lead". In a situation where the seller had no prior knowledge of lead paint then it would have been up to you to further investigate it before closing on the home.  Your argument would be that he did know and that he was notified by the city that he needed to remediate and he should have told you. Instead of being clear he vaguely hinted at it. I'm very surprised the lender didn't pick up on this and ask for testing as a condition to close. I would have.