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Cost of building an ADU in San Jose
19 December 2019 | 19 replies
One-foot overhang for eaves would be allowed.ADU Size (in sf)LOT SIZE (SF)ADU MAXIMUM SIZE (SF)3,000 - 5,4446005,445 - 9,0007009,001 - 10,00080010,001 - Up900LOT SIZE (SF)ADU MAXIMUM SIZE (SF)Up to 90001,0009,000 and greater1,200Number of Bedrooms and BathroomsTwo bedrooms allowed on lots with an area greater than 9,000 square feet, and only one bathroom.Up to two bedrooms and two bathrooms allowed for all units.Attached ADU Maximum Floor AreaMay not exceed 50% of the existing or proposed primary dwelling living area.May not exceed 50% of the existing or proposed primary dwelling living area or 800 square feet, whichever is greater.Design StandardsVisual compatibility with existing primary dwelling is required.No design standards, except new simplified standards for attached ADU units for historic buildings listed in the Historic Resources Inventory.Parking requirementsAn ADU requires 1 space unless the property qualifies for an exemption under State law—see the parking requirements.If a garage has been converted, the main dwelling parking space must be replaced, as uncovered or in front or side setback areas.
Michael Gayer Jr
Just started an LLC, can I change tax election? (Disregard to S)
31 December 2016 | 7 replies
An LLC is formed under state law, some states will allow you to convert your LLC to an S-Corporation, some will not.
Daniel Hart
Subject-to transactions, are you writing off the mortgage interest?
6 March 2012 | 26 replies
This is not a secured debt unless it is recorded or otherwise perfected under state law.Example.Beth owns a home subject to a mortgage of $40,000.
Ken Radino
Changing Names on a Deed
9 April 2014 | 15 replies
The residence will have a lien to the state and at death the property sold.Yes, ask your accountant.If your MIL moves, that home won't be the primary residence and if she goes to a nursing home that may become an issue.BTW, doing estate planning for the purpose of qualifying for benefits is illegal under state law.
Jason Dillard
Non-recourse Debt and Tax Shelter
17 July 2016 | 5 replies
This is not a secured debt unless it is recorded or otherwise perfected under state law.Example.
Brad P.
Self Storage Property Evaluation
31 May 2018 | 11 replies
So I'd guess there may be some other cost seller hasn't shared yet or understated (either that, or you found yourself an amazing deal)property tax. seems low but easy to verify. if it's truly that low, you need to consider potential increase post sale as appraisal district probably will end up finding out your sales price and use that as new appraisal value. at $600k and 2.5% (not sure how far north you are, outside city limit?)
Laura B.
Flip Insurance Coverage
26 January 2020 | 7 replies
The insurance provider that I have my personal home and auto insurance under (State Farm) quoted me for a Rental Dwelling Policy.
Joshua Andrews
Forclosure, Equity & Notes
10 April 2014 | 4 replies
Such amounts may be out of bounds of creditors.Thinking you can buy a note and obtain a note is not the right thinking, those are tow different interests conveyed, an old saying, once a lender always a lender, meaning that if you buy a note you have no more rights in or to the property or collateral than the original lender.Buying a seller financed note, an equity funded note changes the flavor, equity notes are installment contracts that revert back to a seller, buying one changes the matter to a cash basis to the extent of the price paid, amounts above that may be viewed as equity amounts, not that a borrower evades that part of the obligation but in some cases it may be treated differently, like bankruptcy.Best thinking is to use the collateral to cover the outstanding balance owing, of all loans, plus allowable costs under state law in foreclosure and the excess reverts back as excess equity to the borrower, you get your money back, that's what you're entitled to. :)My Cards aren't doing well.....:)
Ken Rishel
Courts are Speaking on using MLOs and others as "Fronts"
8 March 2016 | 6 replies
The issue in Madden was whether a nonbank assignee could enforce an interest rate that was potentially usurious under state law but could be validly enforced by a bank, had the bank retained ownership.The OAG also alleged violations of Pennsylvania’s Racketeer Influenced and Corrupt Organizations Act (RICO) law, because Pennsylvania law defines “racketeering activity” as including “[t]he collection of any money . . . in full or partial satisfaction of a debt which arose as the result of the lending of money or other property at a rate of interest exceeding 25% per annum . . . where not otherwise authorized by law.”
Eric Jones
How to Calculate Payoff and Arrears on Non-Performing Note
17 August 2016 | 20 replies
Who originates a mortgage matters, the borrower is entitled to somewhat of an implied warranty dealing with an institutional lender that their loan will be treated as required under that institution's regulatory requirements, subsequent holders treat the note under the requirements of that type of note, for example; an FHA loan will be subject to FHA requirements, a HELOC from a state bank will fall under FDIC, a private loan from an individual falls under state law.