All Forum Posts by: Account Closed

Calling the police when appropriate is not doing nothing.

Originally posted by B G:

by moving my rental properties out of my name it will decrease my debt but also lower my income

Moving the property into your LLC does not affect your loans at all. They will still be in your name until you refinance them into the LLC name.

Then since most lenders will require a personal guarantee they will still be in your name.

Originally posted by Mark Hu:

I recently read a landlord law book which stressed, although landlord should stay out of domestic/roommates disputes, that if a tenant's life or health was in serious danger from violent/spouse or roommate, landlord might be liable if they do nothing.

You might be depending on the circumstances. The best course is to just call the police if you witness any violence or potential for violence. That call should eliminate any liability you face.


I certainly would not do that. I would simply refer them to the local agency that helps battered/abused spouses which will help them get that order.

But a cop at a local police station told me that was a bunch of baloney and my best bet was to keep entirely out of such situations, and not even give advice.

Who is correct here?

Again, the best advice is to leave it to the professional third parties that are trained to handle these situations.

The biggest reason to remain detached in these types of situations is you do not want to take even partial ownership of their problem. If you are "helping" them what are you going to do when they ask to skip this months rent to "help" them get past this situation?

Originally posted by Nc Mark:

Taz, almost always I learn something interesting from your posts. Thanks.

I'm sorry I cannot buy your book.

But, of course, I understand completely your priorities.

LOL! Yes, well, who knows what the future may bring. ;)

Right and the purpose of the First Amendment is to guarantee groups like those protesting the Viet Nam war in the 1960's and those opposing the war in Iraq were not summarily arrested and their views silenced.

The law suit you have described so far is not a free speech issue since no government agency has prevented you from saying anything you want about anyone or anything. However, the target of your scorn has rights too, such as the right to force you to prove the validity of your accusations.

I'm sorry you are appalled at the responses here. I am even more sorry you don't understand your right to free speech ends where the rights of others begin.

Not if you expect it to be accepted by a court.

The whole idea of a notarized signature is to be a disinterested witness attesting to the validity of the signatures on a document.

If that notary has a vested interest in the documents, a court will view it as being tainted and not above question.

I wouldn't even recommend an employee of a company notarizing the signatures if the company the employee works for has any vested interest in the transaction.

Truly independent notaries are easy to find.

Sigh, I ignored this the first time around.

First, Mr. Eschbach, if everything you said about your experience with that property management company was true then that is your defense your lawyer should use. Prove what you said is true and your lawyer might even be able to counter-sue on a number of grounds.

Having said all that, I'd like to help you clear up a misconception you seem to have. You are not alone, your misconception is shared by many, if not most, of the people in this country.

Free Speech Rights
The first Amendment protects political speech, more pointedly, unpopular political speech. Popular speech needs no protection by definition.

You absolutely do not have the right to harass others when exercising your free speech rights. Also, the right to speak does not extend to be the right to be heard. In other words, you have the right to get up on your soap box in Times Square and rant away about how the "guvment dun you wrong" but you do not have the right to try to force anyone to listen to you. In fact, they are free to talk over you with their own dissertation of how the "guvment did them right" even while you are speaking, if they want to do so.

If everything is as you describe, this is not a first amendment issue. This is a tort issue. They claim you said or wrote something that caused them economic harm. Prove what you said or wrote is true or that they didn't really suffer any harm and you are protected. Given what you wrote here, I think you are going to have a hard time proving you didn't intend to cause them economic harm.

You asked for recommendations. I actually have two.

First, quit trying to try this case in a public forum.

Second, find and retain a good lawyer familiar with defamation and slander defenses.

Originally posted by Mike V:

I would definitely take out a mortgage just from a liability standpoint. The LLC is good for shielding your personal assets from lawsuits but it sounds like the LLC is richer than you so I would reverse that. Keep that rental property as poor as possible to take away any incentive to sue.

First, Leverage is NOT asset protection

Second, if you take out the loan in the name of your LLC (a business) and then use those funds to pay off your personal debts, you will owe taxes on the money you personally take because they were converted to personal use. You could argue that you were just recapturing the equity you placed with the LLC when you transferred the property. But, then you might have to realize the current gain as if it was a sale to the LLC. Which, if you talk to your CPA they will tell you it is more beneficial to sell a property to your LLC instead of just "deeding" it over. But, that is a discussion for another time.

I'm not trying to be trite here...

First, there is no way you can prevent him from filing some kind of action.

However, if he does, I suspect all you would need is to get him to describe his chip implant the problems it has caused for him and the judge will have a clear indication of what is going on.

Have you discussed this situation with your attorney?

DCR is also known as debt service ratio.

It is calculated as follows.

NOI / Debt Service = DCR or DSR or DSCR

HIGHER is better. Anything under 1.0 means the property can't carry the debt load.

Lenders are actually tightening in this area. Where some used to do loans with DCRs of 1.1 now they like to see 1.25 and higher.