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All Forum Posts by: Timothy W.

Timothy W. has started 210 posts and replied 4398 times.

Post: facing foreclosure in California, where to turn for advice?

Timothy W.#3 Off Topic ContributorPosted
  • Attorney
  • Viera, FL
  • Posts 4,906
  • Votes 1,569
Quote from @Dennis Nikolaev:

it looks like a hopless situation for me.

I had all of my life savings put in Yucca Vally short term rentals In  early 2022. got 4 nice villas at 20% equity. then 2 things happened: rates went up and demand for vacation rentals in that location went WAY down. 

I was loosing 20 to 15k per month. I sold 2 of the 4 properties at a significant loss. However, 2 remaining properties I can't sell, even bellow my equity in it. For example the number 4 property is a hilltop modern beauty. amazing views, premium neighborhood.  I paid $1'025'000 for it, then upgraded it. in summer of 2022 it was appraised for $1.15 million. 

now it is listed for $799k and there are no takers.

I am facing a foreclosure on both of the remaining properties. 

I'm still current on my payments but by now all the hope is lost.

all of my life savings are gone, and now I'm about to have collectors on my back for the rest of my life.

I need an advice how to navigate through giving up on the properties.

Dennis

 Foreclosure isn't hopeless.  It's a reset.  It might be wise to get an attorney now while you can take in some rental money to pay him/her to guide you through your options.   There's all kinds of legal advice in here from nonlawyers but none of it matters if you need to initiate legal proceedings.

Post: Should I go to College?

Timothy W.#3 Off Topic ContributorPosted
  • Attorney
  • Viera, FL
  • Posts 4,906
  • Votes 1,569

It's worth nothing that Robert Kiyosaki credits his Merchant Marine education for a lot, which is a degree granting institution.  From my understanding, he was also eligible for West Point and the Naval Academy.  He went to the military equivalent of college.  His opinion could be that civilian college is a waste of time while intentionally not extending that opinion to military education.  A lot of military guys think that way.  When he wrote Rich Dad, Poor Dad it was also popular at the time to denigrate traditional college because we were right in the dot com boom, where a certification to write html paid more than a college degree.  Colleges have caught up.  Case in point - the online degree.  Of course, we do have another game changer in AI.  It's a powerful tool.  I tested it's knowledge on a very high-level legal question and it was remarkably accurate.

Post: Should I go to College?

Timothy W.#3 Off Topic ContributorPosted
  • Attorney
  • Viera, FL
  • Posts 4,906
  • Votes 1,569

I think it's a good idea even if you don't have a plan and your first degree is a little hokey.  I first got on this forum 17/18 years ago when it first started.  I literally purchased the first lifetime pro level membership here, which is kind of weird that it hasn't been honored since I'm still alive but whatever.  I was not as pro-formal education then even though I had a B.A. in English.  It would have been nice to get a degree in Biology instead but it worked out.  My bachelor's degree got me started in insurance adjusting.  The money I made in that bought me industry designations.  The industry designations paid for my J.D.  Now all of my credentials combined make me about a quarter of a mil a year part-time from home for relatively easy work with no overhead and little real risk.  That's the complete opposite from real estate where the overhead is monstrous, and you'd have to own millions of dollars in real estate to make that kind of return.  All this happened while I was concurrently flying and crashing in real estate.  It's a lot more chill now.  I can drop 10-20k into an investment when I feel like it because I don't consume a quarter of a mil a year in my lifestyle, and I can afford to wait for investments to turn now.  I don't have to cannibalize something to keep something else afloat.  Did I have a plan for any of this?  Heck no.  I just kept moving forward and finding the next step.  More steps materialized as I kept moving forward.  I'm contemplating a PhD right now.  I already have one doctorate, so acceptance is easy.  Because of the educational background I have I can just write a check for it as I go.  Education gives you choices.

Post: Florida vs New Hampshire Short Term Rentals? ( Who Wins )

Timothy W.#3 Off Topic ContributorPosted
  • Attorney
  • Viera, FL
  • Posts 4,906
  • Votes 1,569

Here I am in Florida looking at Vermont for STR, lol. Not because I'm convinced Vermont is a good return. It's just beautiful there. Anyway, Florida is really high right now in general but there are some pockets where you can get a decent sized almost beachfront house for 500kish. You get into a SFR with no HOA anywhere near the beach and you can STR that all you want. It's usually not the actual municipality creating issues except for that one that I think was near Clearwater/Tampa where they codified in zoning something anti-STR. I wasn't watching it closely when I lived there. The HOAs and condos are the ones that you really have to watch. Condo Karen is much worse than some former builder retired into a code enforcement role.

Post: AIA Contracts

Timothy W.#3 Off Topic ContributorPosted
  • Attorney
  • Viera, FL
  • Posts 4,906
  • Votes 1,569
Quote from @Chris Seveney:

@Tim W.

AIA contracts are great but I recommend still having an attorney review it.

Having worked on both sides (GC and Owner) we have always modified some of the language in the AIA contracts - they are great boiler plate templates but each project is unique and recommend every contract be reviewed by an attorney.


 I will always concur on hiring legal counsel now.  :) 

Tim Wieneke, JD

Post: AIA Contracts

Timothy W.#3 Off Topic ContributorPosted
  • Attorney
  • Viera, FL
  • Posts 4,906
  • Votes 1,569
Quote from @Chris Morris:
Quote from @Timothy W.:

LOL, I got the notification and was thinking "When was I talking about AIA contracts?".  My perspective now, 8 years later, 1 nasty lawsuit later, and being a second year law student, is pretty much the same except I'd have an attorney review it.  Much cheaper than having an attorney draft a contract but it's still worth a couple bucks to have someone review it.  I cheaped out on having an attorney review a contract at the beginning of a deal and paid 10k in legal fees fighting it out at the end of a contract.   I was dealing with a dishonest partner who thought she could edit pdf documents and they wouldn't created a metadata trail of what she did.  I won in the end but it still costs money to win, and she did inspire me to also become a lawyer so I could nail more dishonest scumbags like her, but a lawyer would have had this recorded properly at the outset.  It's much cheaper getting a lawyer at the beginning of a contract than at the end of one.


How does using a lawyer solve your problem? Is it because they are a third party who has a copy of the contract, so they are the authoritative source in the event that you and your partner 'disagree' on what the text of the contract is?


In my case my unscrupulous former partner tried to change her position from a partner to a private mortgage lender at a rate of 25% per year.  Had we used a lawyer at the beginning she'd have a hard time explaining why this alleged mortgage was never recorded and why an attorney wrote an unconscionable mortgage contract at a usurous rate.

Post: Software like Xactimate to create a rehab budget?

Timothy W.#3 Off Topic ContributorPosted
  • Attorney
  • Viera, FL
  • Posts 4,906
  • Votes 1,569

Yeah this is a year old but I only come in here once every 6 months or so.  Anyway, I used it every time, but that's because I already have Xactimate for my regular business.  The software costs $1,600 a year so it's not a cheap investment.  If you want something cheaper you can do it using the Paul Walker book that costs about $100 a year as long as you have an understanding of what the scope is, having the measurements you need, and have a calculator to multiply it all.  Symbility is an alternative that has a lower fee per estimate, 10-20 bucks per if I remember correctly, but make sure you include every little scope item if you use Symbility.

Post: Where’s the Bubble?

Timothy W.#3 Off Topic ContributorPosted
  • Attorney
  • Viera, FL
  • Posts 4,906
  • Votes 1,569

Got a local bubble here.  My Tampa house darn near doubled in value in 3 years, most of it last year because the rest of the country is losing its mind on covid.  I don't know what kind of crash comes from a bubble that seems tied to local leadership unless the leadership drastically changes.

Post: What's your non-real estate side hustle these days?

Timothy W.#3 Off Topic ContributorPosted
  • Attorney
  • Viera, FL
  • Posts 4,906
  • Votes 1,569

Hunter Biden and I do art together.  Besides that I have a consulting business.  Make more money in an hour than my rentals used to net in a month.  It's good to have a cash business going.  It gives you the freedom to slow down and buy smart.

Post: A danger of rapidly increasing home vaules...the cashout refi

Timothy W.#3 Off Topic ContributorPosted
  • Attorney
  • Viera, FL
  • Posts 4,906
  • Votes 1,569

We actually have laws in place about rate increases relative to hurricanes.  Where you have to watch yourself is condo assessments for hurricane damage.  That can get you bad.