Real Estate Law

Real Estate Law

The Series LLC Experiment – Looking for Guinea Pigs

by Clint Coons | October 28, 2010
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When it comes to asset protection, I always tell my students and clients that segregating dangerous assets from each other is a sound strategy to limit overall risk exposure.  Best practice dictates that each asset should have its own entity.  For many people this could translate into to a multitude of business entities.  For example, [...]

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Real Estate Law

The Interstate Land Sales Full Disclosure Act: You Sold Me Swamp Land – I Want Out!

by Clint Coons | October 21, 2010
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Considering selling some swampland to out of state investors marketed as prime real estate?  Probably not; however, it has been done and scam artists have raked in millions.  Thus, in 1968 the Federal Government was forced to step in and protect buyers of out-of-state land with what is commonly referred to as ILSA – “Interstate [...]

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Real Estate Law

Will Your Real Estate Asset Protection Stand up in a Fight

by Clint Coons | October 14, 2010
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How much protection can you truly expect to receive from a Corporation or Limited Liability Company as a real estate investor?  If you listen to some purveyors of asset protection tools the answer is complete protection.  If you ask an attorney the answer is “it depends.”  Many investors are frustrated by the attorney answer and [...]

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Real Estate Law

Land Trust Traps for the Unwary Investor – Part 2

by Clint Coons | September 30, 2010

Last week I wrote about two of the primary misconceptions regarding the use of land trusts in real estate investing.  I am amazed at the response my Blog generated.  My intent in raising this issue was to inform people on what to watch out for when considering this entity for real estate investments.  As a [...]

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Real Estate Law

One More Regulation to Cut Into Our Real Estate Profits

by Clint Coons | September 14, 2010
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ATTENTION ALL HOMEOWNERS, RENTERS, LANDLORDS, PROPERTY MANAGERS, REALTORS, BROKERS AND ANYONE WHO PERFORMS HOME RENOVATIONS AND REPAIRS FOR PROFIT. The Environmental Protection Agency (EPA) has changed its regulations for renovation, repair and painting (RRP) activities.  Some of you may already know that as of April 22, 2010, all contractors and renovators must be trained and [...]

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Real Estate Law

Can Nevada or Wyoming Protect Your Real Estate Investments in Another State

by Clint Coons | September 1, 2010
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I received an email from a client recently who was concerned about some information she received from an promoter of Wyoming and Nevada LLCs. She was told that a Wyoming LLC registered to conduct business in California will provide greater protection from charging orders than a California LLC. I hear this same argument time to [...]

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Real Estate Law

Setting the Record Straight on Florida LLCs

by Clint Coons | August 10, 2010
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These past two weeks have resulted in an influx in calls from concerned clients regarding their asset protection structure in light of the Olmstead decision out of Florida.  I myself have written a few articles on this case over the past year and a half. (My latest can be found here on BiggerPockets)  However, as [...]

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Real Estate Law

Are You Safe to Sell Under the SAFE Act?

by Clint Coons | August 3, 2010

Every workshop I teach lately has at least 10 investors who ask me if I am familiar with the SAFE Act (Secure and Fair Enforcement Mortgage Licensing Act) enacted by the Department of Housing and Urban Development (HUD) and does it spell the end of seller financing. Many of you know that in today’s market [...]

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Real Estate Law

The Impact of Rent Control on Landlords: A Commentary

by Florence Foote | May 25, 2010
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“We’re From The Government, and We’re Here To Help” These words, famously cited by Ronald Regan, can move many a real estate investor to tears. And not without justification. Many government schemes to “help” the – purportedly – underprivileged, backfire. No better example exists than rent control ordinances, which generally end up destroying the stock [...]

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Real Estate Law

HUD May Limit SELLER FINANCING!

by Winston Westbrook | February 24, 2010

Attention my fellow investors! The Department of Housing and Urban Development (HUD) is considering a change in the rules that would in turn make seller financing a thing of the past. Yes, you heard me right! HUD may take the option away for those not licensed as a loan originator under the Federal SAFE MORTGAGE [...]

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Real Estate Law

Contract Law: California Court rules on non-refundable deposits

by Winston Westbrook | February 13, 2010
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I want to highlight a recent court case ruling that I came across here in California. Since what happens here in California seems to ripple to the rest of the 49 states, I would suggest you take a gander at the following. Kuish vs. Smith, G040743 [PDF] [DOC] Mr. Bradford Kuish entered into an agreement [...]

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Real Estate Law

Real Estate Investors Fight HOAs

by Richard Warren | February 1, 2010
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In the Las Vegas market it’s pretty rare to find newer real estate developments without Home Owner’s Associations. Since Las Vegas, according to Mayor Oscar Goodman, is the epicenter for the foreclosure crisis, most foreclosed homes are in areas with HOAs. Since HOAs exist to maintain the quality of neighborhoods and foreclosed homes are routinely [...]

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Real Estate Law

Long Island Judge Wipes Out Homeowner Debt. Victory for Consumers? Or Is It?

by Richard Warren | November 30, 2009
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Last week a judge on Long Island wiped out a homeowner’s debt to Indymac Bank. (article) Many consumers are absolutely giddy over winning one against the “greedy” banks. What consumer wouldn’t want to have their own mortgage wiped out? It’s akin to finding a bag of money that fell off of an armored truck. While [...]

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Blogs

What If We Had A Mortgage Mediation Party And Nobody Came?

by Richard Warren | August 17, 2009

The Nevada State Legislature recently passed the mortgage mediation law great fanfare. The law was expected to save as many as 17,000 Nevada homeowners from foreclosure. The law, which went into effect July 1st, allows homeowners in default to request a mediation hearing with the lender.

Nevada CapitolTo be eligible a homeowner must have received a notice of default after July 1, 2009. The homeowner must pay a fee of $200 if they request a hearing and the lender is also required to pay a $200 fee. In anticipation of a flood of requests, the state has trained in excess of 100 lawyers and ex-judges to handle the cases.

Where is Everybody?

The official estimates were that between 1,250 and 1,500 homeowners per month would participate in the program. However, after six weeks there have been a total of ten requests. Not ten per day or ten per week, just ten total. That amounts to 1.67 requests per week! How did they get it so wrong?

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Real Estate Law

Piercing the Veil: Holding Owners Liable for the Acts of the Business

by Greg Boots | May 7, 2009

While visiting the Starting Out Forum here on BiggerPockets, I read through a thread titled “LLC Controversy”. Instead of responding to the thread directly, I decided to write this blog to address a fundamental issue for every investor, myself included: Why even bother setting up a business entity if my assets will be attached from [...]

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