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All Forum Posts by: Andrew S.

Andrew S. has started 51 posts and replied 1006 times.

Post: Loan with Lake Lot as Collateral

Andrew S.Posted
  • Investor
  • Raleigh, NC
  • Posts 1,048
  • Votes 708
Originally posted by @Brent Causey:

So, Here's what I am doing per CPA. Personally getting LOC/Loan against Lot in my name, personally. Personally loaning money to LLC. LLC will repay my personal loan. Land not at risk. Worst case scenario and LLC gets sued, I'm out the money that was borrowed by LLC.

How is your land not at risk if the bank takes it as collateral for your loan? If you fail to pay back, they'll take your land. The bank doesn't care whether you lend the money to a LLC or whether you go to the casino and gamble it away - they do care about getting paid though.

Post: Best Practice - Small Investor Requesting to Hold Deposits

Andrew S.Posted
  • Investor
  • Raleigh, NC
  • Posts 1,048
  • Votes 708
Originally posted by @Jon Holdman:

I'm not sure why this would be a turn off for prospective tenants.  Their deposit still has to be managed and returned according to applicable laws, regardless of who's holding it.

What's the liability issue here?

 I assume that the prospective client is worried about the PM taking off with his deposits and then he is left holding the bag.  This may have happened to him with the previous PM who apparently bolted with his money.  I don't think this is a totally unfounded concern - sure, technically, the PM is responsible for refunding the deposit, but if he/she is gone, then it's likely the landlord who will be tapped for the cash.  So, leaving the deposit with the PM is a business risk for the landlord - one that I myself accept (because I have a very trustworthy PM...), but this client may still be smarting from his bad experience and may be unwilling to accept it.

Post: Insurance - Don't have any & not worried. Convince me I'm crazy.

Andrew S.Posted
  • Investor
  • Raleigh, NC
  • Posts 1,048
  • Votes 708
Originally posted by @Joe Bertolino:

We can call a truce on the subject but I will give you the agents point of view.  When you are talking about a policy less than $10K in premium... the insurance agent is likely losing money on that account for the first 1-3 years in terms of his cost to sell and service it.  At $100 per unit you are talking about the agent making $150 on your policy (10% of $1500).   We make 10-15%.  Ironically we make less for surplus lines policies (like GL only) because they are typically written through MGA's unless the agent has a direct appointment with USLI.  So they do twice as much work and take on twice as much exposure only to make less money.  Then you combine it with your risk profile:  a fairly inexperienced low income landlord with 15 units, no prior insurance (giant red flag for every carrier and agent) and a attitude of "show me why I need this/you are trying to rip me off".    Most people that don't believe in insurance don't carry insurance... and then once they have a claim or feel like something is brewing... they rush to buy insurance.    The loss ratio on accounts with no prior insurance is something like 800% higher than new business written with prior insurance.  Then you throw in that you have "no fear of litigation" and it is basically the recipe for a agent to run away from.  

I am not saying this to attack you in anyway and I respect your view on the financial aspect of risk management (don't agree with it but respect it)... I am just saying for a business standpoint you are not the client profile that any profitable agent wants to deal with.   High risk classification,   low premium,  high touch (for the agent) and a high maintenance client that is willing to sue you if he misremembers your conversation.    If everything goes perfectly... the agent makes $150 a year.  If something goes wrong with your 15+ low income units and the stripped down coverage you begged for doesn't respond... then he is starting at a lawsuit.  

 Very interesting and well articulated perspective, Joe - thanks for taking the time to post it!  I guess this explains why it is so difficult in practice to find someone writing "liability only" policies (and if there is someone, then it will likely be quite pricey).

Post: Insurance - Don't have any & not worried. Convince me I'm crazy.

Andrew S.Posted
  • Investor
  • Raleigh, NC
  • Posts 1,048
  • Votes 708
Originally posted by @JR T.:

@Jason Bott @Account Closed

The problem I'm having now is that I contacted a broker in Hagerstown who told me they would not write the liability insurance unless I purchased casualty insurance for the properties. He claimed if there was a fire I would sue him. This just seems like a scam among Maryland insurance agents to force people into policies that are bad for them in order to earn a higher commission.

Any suggestions on a next step to obtain the liability policy?

Jr T:  I'm interested in your experience with getting someone to write "liability only" policies.  I have pursued this myself in the past too and I have not found anyone who would write liability only - I did find some who would write an umbrella policy on properties that are covered by other insurance companies, but most actually require that you have the comprehensive coverage through THEIR company.  This doesn't mean "liability only" doesn't exist - I just haven't come across it yet.  And if it does exist, my guess is that it's going to be quite a bit more expensive that just a standard umbrella.

Post: Let 64 yr old Mom live rent free 10-15 Yrs then sell or sell now

Andrew S.Posted
  • Investor
  • Raleigh, NC
  • Posts 1,048
  • Votes 708
Originally posted by @Dan Brewer:

BTW, the average age for seniors to enter assisted living is 82.  If your mom is average, then that's 17 years of covering her rent.....

 That's right - there was a famous case in France (Jeanne Calment) a few years back where an investor made a deal with a 92-year old lady to purchase her home for a good price in exchange for her right to live in the house until her death.  Well, the lady died at 123 years of age, a couple of years after the investor passed away at age 77.....

Post: Lease option, subject to. Should I? Its in North Carolina.

Andrew S.Posted
  • Investor
  • Raleigh, NC
  • Posts 1,048
  • Votes 708

@Karen Rittenhouse

I seem to recall that Karen Rittenhouse has hands-on experiences in North Carolina regarding this topic.  Perhaps she can chime in as well.

Post: Can I file for eviction prior to tenant failing to vacate?

Andrew S.Posted
  • Investor
  • Raleigh, NC
  • Posts 1,048
  • Votes 708
Originally posted by @Nat C.:
Originally posted by @Andrew S.:
Originally posted by @Nat C.:
Originally posted by @Andrew S.:


 You have to give them 15 days notice prior to their next rent period. So if they pay rent on the 1st of the month, you have to give the notice to them by the 15th of the previous month. I got the notice to them on the 15th of August at 7pm, so just in time. I didn't post the question on here until days later as the thought only just occurred to me as to whether I could try and book in an earlier court date.

Great thanks.  So, then, back to the original question: (can you start eviction now?), it doesn't seem that you have any GROUNDS to file for eviction until they dare past due on the September rent, unless you want to kick them out based on some other lease violation, such as "failure to keep the place in reasonable condition" or "too many occupants" or something which, it sounds )and looks) like you could probably do right away.

Post: Can I file for eviction prior to tenant failing to vacate?

Andrew S.Posted
  • Investor
  • Raleigh, NC
  • Posts 1,048
  • Votes 708
Originally posted by @Nat C.:
Originally posted by @Andrew S.:

 Florida law required 15 days notice when on a month to month lease.

Is that 15 days for the tenant to vacate, or is it 15 days notice that they will have to be out be the end of the next month?  I.e. you give notice on the 15th of August that you will not be renewing the lease, meaning they have to be out end of September.

A "month to month" lease term implies to me that the tenant will have a minimum of 30days to vacate (plus whatever the notice period. Please someone set me straight, if I have that backwards.

Post: Can I file for eviction prior to tenant failing to vacate?

Andrew S.Posted
  • Investor
  • Raleigh, NC
  • Posts 1,048
  • Votes 708
Originally posted by @Nat C.:

I just bought a duplex and gave the tenants a notice of 15 days notice to vacate.

They don't have a lease and have paid until the end of August.

They have already stated they are not leaving at the end of the month.

My question is, can I lodge the eviction application now, to get a court date booked in or do I have to wait until the end of the 15 day period and then apply?

I imagine the courts are backed up and I will be waiting some time for my hearing date.

Nat, I know this is very dependent on local and state laws but often when there is no lease in place, then the terms basically default to month to month.  So, you may be looking at a m2m situation that starts with the date you took possession (or even the 1st day of the next month) of the property and 15 day notice may not be enough.  I doubt you can evict them based on the argument that they didn't pay the previous owner all the rent owed.  No lawyer here (obviously!), so just an opinion and food for thought.

Post: FHA 203k Loan

Andrew S.Posted
  • Investor
  • Raleigh, NC
  • Posts 1,048
  • Votes 708
Originally posted by @Sheryl Merritt:

Good morning all:

I have a listing in the Hedingham subdivision in Raleigh that needs some work.  With that said, it hit me this morning that promoting a 203k loan for this property just might help to get it sold. Can anyone recommend a good mortgage loan officer in the area with 203k experience?

Thanks in advance.

Sheryl

 Call Amy Bonis - I think she is a member here too.