Steve Babiak
reporter's "simple assumption" (subject to) sale goes awry
30 December 2012 | 6 replies
Here is a sample MODFN & ASSUMPTN document (not mine, since mine was a "simple" assumption) with "LENDER CONSENT AND RELEASE" clause (#5).Too bad for the reporter... but sounds like the bank 'did the right thing'.
Casey Miles
Attempting to privatize trash collection - city says I cant?
24 September 2015 | 3 replies
The City may provide solid waste collection services to any building with five or more multi-family dwelling units but less than 30 units upon consent between the City and the responsible party. *14.
TJ Steinkirchner
What are some good questions to ask my local mentor?
30 November 2016 | 6 replies
He consented.
Breno Soares
Self-Directed IRA Deal
12 April 2017 | 7 replies
I know of at least one structure to do this which passes IRS muster, but it is likely to be prohibitively expensive:Form the LLC Draw up a promissory note from the llc to the IRAStructure the note as a convertible bond with a fixed interest (which can be adjusted by mutual consent)Note converts to equity upon sale (equity kicker)Hurdles: I believe this is bank dependent but common...IRA will have to own less than 20% of the equity so as not to be on the note, so the IRAs interest received should work out to about 50% of the return minus the 20% in an equal partnershipUBIT will need to be paid in the financed portion (not awful)Bank needs to be informed and agree to the bond being in second positionYou will likely need an IRA custodian sign offDon't try this at home!
Mehran K.
Multi-Member LLC Operating Agreement for Buy & hold, Key Points?
16 July 2014 | 9 replies
All profits & losses to be split evenly, 50%Opening a separate bank account for the LLC to receive rents inAll Cash flow will be put into a reserve account until the reserve amount is met, then distributions will occur (haven't decided on frequency).Any time money from the reserve account is used it will need to be replenished before distributions kick in againIn doing some searching on the forums I came across a few ideas I think are good:Setting a purchase cut off amount for a member to transact business up to a certain dollar amount (say $500.00) without consent of all members.How things will be handled if either of us passes away, gets married/divorced, or wants out of the partnership etc.I'm sure there are things that I'm missing that are super important and thoughtful to have in the OA.
Bienes Raices
Plaster walls and tenants
18 July 2012 | 2 replies
I never allowed nails in any wall without consent, I have hung mirrors and large items myself to ensure the walls were not scared up!
Wes Short
Renting a Home to Use as an AirBnB - Legality/Landlord Help
2 May 2018 | 24 replies
I know a guy who is renting his apartment to a friend who will be AirBnBing it with the landlord's consent. 100% of the proceeds goes to pay the rent, then they split the remaining income 90-10.
Account Closed
How to structure a partnership on this RE deal?
31 August 2016 | 2 replies
Which is a pain in the *** as without the consent of the bank we can't even sell the property to a LLC later on.But nonetheless we could structure the deal like you suggested.
Roy N.
Reminder of why we have a "No Pet" policy.
4 October 2014 | 15 replies
When you have consent to dispose the requirements are no longer in effect, need to abide if there is a chance of claims being made, in this case it's agreed and not an issue.
Sam Leon
Is it a time waster to execute a SS contract with wife not husband?
20 December 2013 | 25 replies
The reason banks require consent, notice and agreement is due to their liability in not only a SS but any loan modification, assumption or other action in that loan in dealing with those held responsible for the debt and redemption.