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All Forum Posts by: Account Closed

Account Closed has started 4 posts and replied 682 times.

Post: Car damaged on landlord's property

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

If the tree was living then it is your insurance company's responsibility. In most states, this will be paid under your comprehensive coverage.

If the tree was dead or diseased AND the landlord knew it then you may have a claim against the landlord.

Either way, if you contact your insurance company and their is a possible claim against the landlord or other insurance company they will usually handle it all for you.

Post: Free Property Analysis Worksheet

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

Depreciation is a phantom deduction, it does not reduce your cash flow.

Post: Interest to form and private investment group

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

Abby, have you retained counsel familiar with the SEC and all state regs? Did they review the offering you posted in this thread?

I'm not trying to be negative and investment pools like this are a great idea. But, this type of public advertising for investors/partners is frowned upon by the SEC and most states without the proper registrations having happened beforehand.

They frown upon links to articles here and I do not spam so if you want, send me a PM and will give you the link to an article discussing how to stay legal when seeking investors/partners.

Post: Banks Asking For Down Payment

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

I find it increasingly amazing that so many do not understand the way things worked just a year ago is ancient history.

If you are buying REO and have the ability to perform, meaning ready access to the funds, you are in the drivers' seat. The lenders will jerk you around as much as you let them.

The odds are in your favor as an investor. The lenders have potentially MILLIONS of these things on their books for sale. They want to believe they are in control but the fact is the buyer is always in control of the purchase transaction.

Sure, banks don't want to waste their time with newbies but there is a difference between being vetted and being manipulated.

The best way to buy REOs is to make offers that make sense to you as an investor. That means at a deep discount and at a price point where your profit is assured for your business model.

It does not matter what the bank "wants" as a seller, only what they "get". They are sitting on assets with declining book value. They are the ones with all of the real and perceived pressure in this market.

Ten years from now, things might be different. But, right now, today, the lenders are in the weakest bargaining position in any REO transaction, they just hope you don't realize that.

Post: When and How did you get Started?

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

I started buying rentals in 1984 just out of college and in a new job. It was not by accident, I am a second generation investor. It was a SFA wrap near Lake Washington. Total out of pocket including repairs was $2500 before renting it out.

Post: Flex Option Vs PSA

Account ClosedPosted
  • Manhattan, NY
  • Posts 801
  • Votes 61
Originally posted by Mr_Investor:
Originally posted by Terry Royce:
Is there a difference between a standard option and a flex option?

Does there have to be a money deposit in an option? If so can you still use clauses, to avoid putting this money up?

Thanks
-Terry


The difference is that with a flex option you don't need option fees.
There must be some kind of exchange of value for an enforceable option to exist. Without option fees what is that value?

Post: More about service animals

Account ClosedPosted
  • Manhattan, NY
  • Posts 801
  • Votes 61
Originally posted by Kirsten Richards:
Housing laws are different from public access laws. Remember that the term of interaction between a landlord and tenant is of much longer duration than that between a merchant and customer.

A landlord is permitted to ask for proof of disability and proof the dog is trained as a service dog as a condition of entering into a rental agreement.

The classic case on this point is Bronk v. Ineichen in which the court found that plaintif Bronk could not prove her dog was anything more than a pet and therefore it was not a service dog under the law.

In re Kenna Homes Cooperative Corporation, the court also found that a landlord can require proof of disability and proof of training.

The full text of these two cases and other cases involving service animals and housing, are available at http://servicedogcentral.org/content/node/187
Yep, the case law in this area is clear and pretty extensive.

We are so flexible on how the tenant can demonstrate the validity of the service animal designation I am very comfortable we would have no problems in court. Even more importantly, our attorney feels the same.

Yeah, and this is an area where we are mildly concerned because of the vagueness involved.

Herb Ziegeldorf of the Fair Housing and Equal Opportunity - U.S. Department of Housing and Urban Development has some interesting comments on emotional support animals in this webcast:
http://www.ada-audio.org/Archives/?type=transcript&id=2002-04-16


Thanks! I will pass this along.

Post: getting around broker/seller pre-screening questions

Account ClosedPosted
  • Manhattan, NY
  • Posts 801
  • Votes 61
Originally posted by Diane Menke:
Why don't you want to provide these things?
There are lots of valid reasons NOT to provide this to a broker or agent who has a fiduciary responsibility to your opponent on the other side of the negotiation table.

A PFI and a statement of assets is a fair way for them to assess your seriousness. Its a good exercise for you to exercise yourself by creating these 2 docs. So do it.

I would be selective about who I share it with. Share it with the lender you will work with - get some letter stating you have a relationship with them to add to the other 2. And share it with your agent. Do not share it with anyone else until you are ready to make an offer. Your 3 docs will make your offer look better.

I imagine much bigger name investors can get around some of this prequalifying but until you establish yourself you have to play by the rules and "polish your apple".

This is part of your preparations for being ready to succeed.

Good luck

Diane

I agree it is a good exercise to do for your own information but never, ever give this to a broker or agent. Not even if they claim to trying to help you make the deal work. If they say that they are either lying or confused as to where their legal obligations lie.

The most important thing to remember is who is who in this type of transaction, ESPECIALLY in this market. They have a property for sale, it is not up to you to prove your fitness as a buyer to the seller, a lender is a different matter. The seller will be able to judge that from the offer you make. It is up to them to prove the fitness as an investment.

Post: Validate the 50% rule

Account ClosedPosted
  • Manhattan, NY
  • Posts 801
  • Votes 61
Originally posted by nationwidepi:
My only point was from an accounting standpoint.
Accounting has absolutely NOTHING to do with using the 50% OE rule of thumb. I see where this is going now and it is completely useless exercise as you have outlined.

The 50% rule of thumb to estimate the likelihood of profitable cash flow has absolutely NOTHING to do with accounting entries.

Depreciation is deductible but is NOT part of operating expenses for the purposes of the 50% rule of thumb.

Post: Establishing A Trust

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

I am sure you will get lots and lots of suggestions and advice about this.

But, please remember one thing, you will never know if your asset protection strategy is solid or effective until it is actually tested. If/when that happens it is too late to make any adjustments.

Therefore, I strongly encourage you to seek the advice of an attorney who specializes in asset protection for real estate investors. He will have additional things that protect you like a license and a paid up malpractice insurance policy in case he guides you in a faulty direction.