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All Forum Posts by: Account Closed

Account Closed has started 4 posts and replied 682 times.

Post: Landlords and Foreclosure

Account ClosedPosted
  • Manhattan, NY
  • Posts 801
  • Votes 61

With an investment property a lender may or may not be willing to forgo the deficiency.

However, the IRS will not. There are no programs or options that will allow you to avoid paying taxes on the difference between what you currently owe and what the lender eventually nets.

What if you offered it to an investor in your area? You could offer to cover some or all of the negative cash flow for some period of time in exchange for them just taking over your position.

There have to be some in your area who took classes from Robert Allen, Carlton Sheets, etc. who think they can overcome a bad investment with the right terms. :roll:

Give it a try, it just might solve your problem.

Post: Real Estate "Crisis"

Account ClosedPosted
  • Manhattan, NY
  • Posts 801
  • Votes 61
Originally posted by Scott Allan:
Well in a round about way, many investors got us to the point we are at today on speculation.
Speculators created the real estate bubble, not investors. Speculators are the driving force in every asset bubble that has ever happened.

Post: Prospective Tenant has a 90lbs Dog: What care should I take?

Account ClosedPosted
  • Manhattan, NY
  • Posts 801
  • Votes 61

What care should you take?

To make sure your turn down letter complies with local law.

Look, I love dogs. I have a 95# Lab-Dalmation mix. Beautiful dog with a very sweet disposition. She is an indoor dog and sleeps next to my bed each night.

But, that did not prevent her from gnawing on the window sills in the kitchen. Once I replaced them with synthetic marble, THAT stopped.

But, large dogs bring large problems.

Post: What is this annual inspection deal?

Account ClosedPosted
  • Manhattan, NY
  • Posts 801
  • Votes 61

These are popping up in various places around the country.

Yes, fight them. However, I will not buy in any area with this type of harassment mentality and I have sold out in areas after this stuff came to pass. In every case the number of available rentals has dropped and the rental prices have gone up. Then, people move, and the owners end up looking like slumlords in a never ending cycle of code violations until they throw up their hands and often walk away.

Post: Protecting ourselves from recourse

Account ClosedPosted
  • Manhattan, NY
  • Posts 801
  • Votes 61

Jeff,

Thanks again for contacting me about that article. You rightly pointed out there was no actionable information in there about how to actually protect yourself when wholesaling.

That oversight is being corrected and the article will be updated.

Originally posted by Mr_Investor:
Here is a clause I have in my assignment contract:

Assignee agrees to stand in the place of Assignor, and agrees to indemnify and hold harmless Assignor from and against any claim or action which may hereafter be brought or asserted by Seller against Assignor arising under or by virtue of the Agreement

That should be sufficient protection against any litigation that comes across your way.
Actually, probably not. If the person/entity making the guarantee to indemnify you goes bankrupt or out of business you will still be left holding the bag, which was the example used in the article.

Again, Jeff, thanks for pointing out the deficiency. My apologies and it will be updated.

Post: When did this building craze start?

Account ClosedPosted
  • Manhattan, NY
  • Posts 801
  • Votes 61
Originally posted by Ofgift Gift:
A friend and I are disagreeing about when this building craze started. In my area, (Arizona) I was told, when I bought my home in 1993, that builders had been busy since about 1986, and she didn't know how it could go on. I know construction was doing very well in Phoenix, Tucson, and beginning to amp up in Sierra Vista in 92-93.
I believe I saw similar trends in other places in the southern teir, too, from Georgia west.
Basically, I think it started, in at least some areas, in the mid 80's, my friend says no, it started much later.

Who is closer to correct?
Ofgift
You are both right, kind of.

In the sunshine belt there was a huge build up in the early to mid 80's leading up to the Tax Reform Act of 1986 and the Savings and Loan melt down. Things pulled back and the excess and bad inventories were liquidated through the RTC.

This set things up for the bigger build up in the early 90's through the tech bubble and lurching even faster forward as the credit faucet was opened full in the late 90's and early part of this decade.

Post: A Little Bit Of Knowledge Can Be Dangerous!

Account ClosedPosted
  • Manhattan, NY
  • Posts 801
  • Votes 61
Originally posted by Nc Mark:
Taz:

I believe you have coined a phrase, and a very good phrase it is: "The Government Bubble".

If you would expand that into book form I predict you will have a bestseller, and I will happily order an advance copy.

Seriously, think about it.
Interesting you mention that. I have been working on a writeup on the government bubble for the members at the field guide. There is a lot of background information needed to understand what is going on with this latest bubble and why it will end for the exact same reason all of the previous bubbles ended.

A book, huh? There is easily enough material gathered already.

But, I turned down a book deal last year. I almost signed it. The one thing that stopped me was a successful book requires a book tour. I promised my son after my wife, his mom, died in 2007 I would not do any extensive travel for "work" at least until he was off to college. We tried but there was no way to do a book tour without extensive time scheduled on the road.

So, I will have to be contented with it being available to field guide members. Parts of it will probably end up on my blog too.

Post: I was just called a conspiracy theorist!!

Account ClosedPosted
  • Manhattan, NY
  • Posts 801
  • Votes 61

Yes, it is legal.

The 16th Amendment is valid.

The 16th Amendment should be repealed.

The FairTax.org should be adopted.

Post: Please help?

Account ClosedPosted
  • Manhattan, NY
  • Posts 801
  • Votes 61

I think he meant no deficiency judgment.

BTW, with a full-on foreclosure, your score will be much lower than 600.

Post: I was just called a conspiracy theorist!!

Account ClosedPosted
  • Manhattan, NY
  • Posts 801
  • Votes 61
Originally posted by Brandon C:
Originally posted by Taz:
IRS is a government organization, it is part of the Treasury Dept.

Fed is a quasi-government organization, it is owned by member banks.

check into that,
http://www.supremelaw.org/sls/31answers.htm


Yeah, that's been discredited many times.

http://law.justia.com/us/cfr/title26/26-20.0.1.1.2.1.2.1.html
§ 601.101 Introduction.

(a) General. The Internal Revenue Service is a bureau of the Department of the Treasury under the immediate direction of the Commissioner of Internal Revenue.

Also...
http://www4.law.cornell.edu/uscode/html/uscode26/usc_sec_26_00007803----000-.html

(a) Commissioner of Internal Revenue
(1) Appointment
(A) In general
There shall be in the Department of the Treasury a Commissioner of Internal Revenue who shall be appointed by the President, by and with the advice and consent of the Senate, to a 5-year term. Such appointment shall be made from individuals who, among other qualifications, have a demonstrated ability in management.
(B) Vacancy
Any individual appointed to fill a vacancy in the position of Commissioner occurring before the expiration of the term for which such individual’s predecessor was appointed shall be appointed only for the remainder of that term.
(C) Removal
The Commissioner may be removed at the will of the President.
(D) Reappointment
The Commissioner may be appointed to more than one 5-year term.
(2) Duties
The Commissioner shall have such duties and powers as the Secretary may prescribe, including the power to—
(A) administer, manage, conduct, direct, and supervise the execution and application of the internal revenue laws or related statutes and tax conventions to which the United States is a party; and
(B) recommend to the President a candidate for appointment as Chief Counsel for the Internal Revenue Service when a vacancy occurs, and recommend to the President the removal of such Chief Counsel.
If the Secretary determines not to delegate a power specified in subparagraph (A) or (B), such determination may not take effect until 30 days after the Secretary notifies the Committees on Ways and Means, Government Reform and Oversight, and Appropriations of the House of Representatives and the Committees on Finance, Governmental Affairs, and Appropriations of the Senate.
(3) Consultation with Board
The Commissioner shall consult with the Oversight Board on all matters set forth in paragraphs (2) and (3) (other than paragraph (3)(A)) of section 7802 (d).


I despise the IRS as much as the next person, but it is just lunacy to follow the whacky theories about them not having legal authority. Well, unless that is you like the idea of becoming a member of the not so elite federal inmate society.

Don't take my word for it, the federal laws are all on-line to anyone wanting to look.