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All Forum Posts by: Tom Gimer

Tom Gimer has started 12 posts and replied 3416 times.

Post: Finding a Wholesaler

Tom Gimer
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@LeeAnn Owens Many wholesalers post their deals on this website:

https://investorlift.com/

Good luck.

Post: PROBATE Question - TROUBLE obtaining a loan payoff from Reverse Mortgage Lender

Tom Gimer
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The lender will only provide information about the loan to a successor in interest. In this case the SII would the the executor or personal representative (depending on the jurisdiction) of the decedent’s estate. 

If the decedent died intestate (without a will) the family can still open an estate. They should do so in the county where the decedent resided at the time of his death. The court will appoint the executor/pr and issue letters of administration or whatever the evidence of the appointment is referred to locally. That evidence along with the death certificate should be sufficient for the lender to update the account with SII information and discuss the loan. 

If the payoff exceeds the value of the property, I believe federal law allows the family to purchase the property for 95% of its appraised value. Good luck. 



Post: Owner’s title insurance - to get or not?

Tom Gimer
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@Carlos Ptriawan I do not have a book reference. The subject is way too broad… 50 states’ different laws are implicated. 

That said, I do recommend you download the latest ALTA Owners Policy and ALTA Lenders Policy forms. They are quite similar but do have some obvious differences.

Most title insurance companies have resources online but currently I think Stewart Title has the best publicly-facing database of information about how these policy forms (and requirements, exceptions, endorsements, etc.) and local laws all interact at Virtualunderwriter.com. 

Post: Owner’s title insurance - to get or not?

Tom Gimer
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@Nana Sefa Those are not theoretical... they are actual examples of things I've seen in the past 20+ years doing my job. The latest one -- buyer declined coverage and the prior title company missed a $20k state tax lien. Oops.

You didn't read Peter's comment or Alecia's fact pattern. Peter suspects (and I would tend to agree) that the title insurer involved in "resolving" the title issue was likely being asked to insure the next transfer... so the work was not done as part of a claims handling process but rather underwriting the next deal. Further, there was no title defect... coverage was not even implicated.

IMO, you're just not going to find anybody wise who agrees with your strategy. 

Post: Owner’s title insurance - to get or not?

Tom Gimer
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Quote from @Nana Sefa:
Quote from @Chris Seveney:
Quote from @Tom Gimer:

Let’s hear from someone who declined TI that had to deal with a significant title claim out of pocket. The attorneys fees alone could put many out of business.

There is a reason they make you decline coverage in writing in many/most states.

Here are a few of our stories as debt buyers:

 I bought a mortgage that did not have title insurance and did not realize the mortgage was recorded before the deed. Borrower was in default but had to go through quiet title process since the mortgage was not valid since it was recorded prior. What a pain in the ASHHH that was and the time we lost. 

We did have a loan in Lousiana that had title insurance and the mortgage was recorded in the wrong parish. The borrower had taken out a second mortgage that was in first since ours was recorded in wrong parish. Title insurance was able to get it fixed but took a year.

The doozy of doozies is we acquired a loan (with insurance) where there was a first and second. The loan was a refinance of the first. They also did get a subordination agreement from the second lien holder but it was executed by their power of attorney. Borrower filed Ch 7 and liquidated the property. The second got wiped BUT filed a lawsuit claiming they did not know the power of attorney signed the subordination agreement and since the loan was dated after theirs they feel they are in first (even though in this jurisdiction a subordination agreement is not needed and the refinance of the first is automatically subordinated). Title insurance is covering the entire bill (still ongoing) - house is sold and all proceeds sitting in escrow. Been almost 2 years and when I spoke to my attorney he said legal well over $100k on this. Lets just say Glad I have insurance. 

@Chris Seveney in most of these examples I suspect you were the lender and not the property owner. Lenders will always get the title insurance. But as an owner who is not buying the property with cash, but with a loan (where the lender will have title insurance), I am not very convinced that owner’s title insurance helps me that much beyond what the lenders title does for me. And if after 30 when the loan is paid off an issue comes up, I should be able to self insure. I would love examples where you were the owner with a mortgage that title insurance actually paid you for a title issue. Thank you all for your comments. I am learning a lot  

Relying upon the existence of a lender's policy to protect you as owner when the simultaneous issue rate for the owners policy is typically pennies on the dollar? That's not particularly smart, IMO.

Especially when, as @Peter Walther mentioned above, the lender is not likely to do anything on a performing loan and further the title defect may not affect lien priority. On the last comment let's say the title company missed an easement which effectively prevents the intended use of the land. You're SOL; the lender is secured. Or perhaps title missed a $5k water lien. Nobody is going to foreclose a water lien so guess who has to pay it? I could come up with many, many examples such as these where without owners coverage you're screwed.

Post: Owner’s title insurance - to get or not?

Tom Gimer
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Quote from @Jay Hinrichs:
Quote from @Tom Gimer:

Let’s hear from someone who declined TI that had to deal with a significant title claim out of pocket. The attorneys fees alone could put many out of business.

There is a reason they make you decline coverage in writing in many/most states.


as you probably know Tom I wont buy anything of substantial value with out title insurance. to your point I bought a 6 acre track in Oregon that had 3 homes on it. got a great deal at 140k.. I demo'd the houses for another 40k plus a 20k fine from the state for not doing Asbestos correctly :( then put another 50k into breaking it into 3 lots.. We go to sell one lot and low and behold we are landlocked.. my policy was for 140k but I know have 250k into it.. Title company defended and it took the attorney they hired and myself 3 years of lawsuit with neighbor and dealing with the state of Oregon to get the right of USE across an old logging railroad easement the state bought for a linear park. I suspect Chicago paid close to a 100k in legal fee's to defend my title and get us squared away.  still less than the 140k they would have had to pay me but I would have still been out the other money.. Any way sold the lots to another builder for 600k and they built 3 million dollar plus homes.. so it worked out just took 5 years.  
Ouch on the asbestos fine. 

We have a file now where the parcel is landlocked and since the seller’s acquisition the access (unfortunately unrecorded) is across several parcels that have since been subdivided. 

So there are now a dozen new neighbors who will need to sign an easement and whoops… at least half of them are not willing to do so. Time for the title insurer to pull out its checkbook… either to obtain signature$ voluntarily or try to gain access via court order. 

Think about having to handle negotiations and payments and litigation out of pocket when deciding whether or not to purchase owners title insurance on your next acquisition.

Post: User Stats & Votes

Tom Gimer
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@Scott Trench @Aaron Breckenridge Have a look at this thread from today and tell me if you see anything odd:

https://www.biggerpockets.com/forums/432/topics/1162021-owne...

I think somebody (or perhaps an entire company) has figured out a way to game the vote system. That's not a good thing.

Post: Is the Pace Morby Subto program worth 10,000 dollars?

Tom Gimer
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A better question may be is the program worth 10,000 pesos.

When the DOS is called you can't reconvey to the seller and restructure the deal as a lease option... at that point the goose is already cooked.

Post: User Stats & Votes

Tom Gimer
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Quote from @JD Martin:
Quote from @Steve Vaughan:
Quote from @Tom Gimer:

@Aaron Breckenridge The forums are fine, I wouldn't change a thing... but a 2:1 vote:post ratio is rarefied air. @Jay Hinrichs @Brian Burke @Steve Vaughan

In my opinion some of the most helpful BP posters aren't even 1:1. @Wayne Brooks @Chris Seveney

Just a few that came to mind...
 

Thanks, Tom.   I've only asked a few ?s on here over the last 10 yrs, and you've helped me immensely with any and all title or conveyance issues.

I also relied on 'rare air' colleagues like @Joe Splitrock. @JD Martin. @Jim K. @Joe Villeneuve @Jerry W.  @Mike Dymski   @Nathan Gesner and Jay H of course. 

All of us 'legacy power users' (not my moniker) engage a lot less than we used to. I don't know about them, but for me it's because I can no longer see what they're up to on my dashboard.  

Just seeing trending discussions and the rest of it doesn't do it for me at all. 

 Thanks Steve. For my part I have learned a ton from you and everyone you mentioned plus a bunch of other people. 

The vote system is not perfect but given enough time, posts and votes it gives a picture that I have found pretty accurate. Guys ( and gals, I'm from NJ so everyone is guys) that have 2-1 or better vote to post totals tend to generally have well written, intelligent answers and insights on a regular basis. Saying something funny or witty might get you a boost now and then but that boost is going to be wiped out by all the duds in short order. Rarely do I see a post by a superstar that I think "That's totally wrong or off-base". Better than 1-1 over a long period of time is spot on as well, because some people are so good at specific areas that they're not going to generate a ton of up votes. Tom Gimer and @Dave Foster are two that jump right to mind. If I need to know something about a 1031 I am going straight to Dave, and going to give him an up vote which will probably be the only one because my question is so specific. 

Yup -- I actually send Dave Foster business whenever I have the ability to sway a client's choice of QI. 

Post: User Stats & Votes

Tom Gimer
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That's a great point, @Mike Dymski -- and fyi I did not join BP to try to market on, I was invited to this site by @Steve Babiak who found me answering questions on Quora. I haven't seen Steve around BP in some time... wonder what he's up to.