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All Forum Posts by: James Miller

James Miller has started 2 posts and replied 357 times.

Post: Creative Financing for a Buy & Hold

James MillerPosted
  • Attorney
  • Fort Worth, TX
  • Posts 372
  • Votes 176
Nope. That's likely fraud against your future lender even if the original purchase is in cash. You're trying to make a house look like it's worth $20k more by lying. Not kosher. Also to the guy that suggested seller carry a $20k mortgage to be paid back plus a dollar, you can't do that either. That will be considered a deemed gift from the seller to the buyer because of how low the interest is. You have to lend at the AFR rate published for your lending term.

Post: Non accredited investors opportunities?

James MillerPosted
  • Attorney
  • Fort Worth, TX
  • Posts 372
  • Votes 176
Sure. Intrastate offerings, reg D rule 504 and 505 offerings. They're just not as available as accredited investor offerings and aren't allowed to advertise.

Maybe she didn't get a "discharge" on some of those accounts in BK? I'm not a BK lawyer so I don't really know how that works. Rule of thumb though is 7 years for negatives on your credit report. Sounds like she paid something two years ago and then stopped again. 

If you're ok with not getting a penny beyond the $4k deposit if she defaults, AND you're ok hiring a lawyer to evict instead of doing it yourself, then you're probably fine. Although if the bankruptcy was 9 years ago, why the heck are those negatives still on the record? 

Also, self-employed lawyer's incomes can be very streaky. They might make 30k one month and then nothing for 4 months.

Post: Would you rent to this tenant?

James MillerPosted
  • Attorney
  • Fort Worth, TX
  • Posts 372
  • Votes 176

I don't make co-signers fill out the full application typically, but I make them sign the credit / criminal check authorization and still run them. 

Post: Customary Property Management Fees?

James MillerPosted
  • Attorney
  • Fort Worth, TX
  • Posts 372
  • Votes 176

That's a little bit high in my state. 

I've seen recently in TX:

5%-10% gross rents + 50% of one months' rent for new placement (25% is earmarked for tenant's locating agent) + listing what expenses are paid for by landlord and what are paid for by management company. I've never seen the pet deposit rules like that; that's $300.00 extra bucks the PM gets a unit, and that's $300 extra that will discourage good tenants with pets from renting. In other words, you could've charged $25.00 more in rent per month and not had the pet charge and you would make more money and it would be equal amount of money out of tenant's pocket. 

Post: Probate?

James MillerPosted
  • Attorney
  • Fort Worth, TX
  • Posts 372
  • Votes 176

Make sure you talk to a probate lawyer in your jurisdiction. Different probate procedures may need judge approval for any sale or lease to be valid, while other procedures just need the heirs / beneficiaries to all sign. In either case, you need your lawyer to tell you what is 'enough' to make you have a claim against the estate / property if they try to welch on the deal. 

Post: Fire Damage: Yes or No

James MillerPosted
  • Attorney
  • Fort Worth, TX
  • Posts 372
  • Votes 176

Make sure to look into whether you will have any extra local / municipal government inspections / issues / red tape to clear up based on the fire. 

Evict them through your jurisdiction's legal procedure. 

No Under offer. Stupid phone.