All Forum Posts by: John Spurlock

@Joe Villeneuve I agree, he might have a claim for defamation. A demand letter also might be enough to get her to remove the post.

I am searching for lenders that will agree to use corporate stock as collateral to fund an apartment deal. Please let me know your recommendations! I appreciate it!

@Charlotte Dunford - Why would you prefer signing a real estate contract for a 50 unit property in your individual capacity rather than using a SPE from the beginning? Just curious if you have a specific reason.

Awesome work btw!

@Jon K. Generally, you cannot continue debt collection after a debtor files bankruptcy. This would violate the automatic stay which freezes the debtor’s assets. Your only remedy after the debtor files bankruptcy is to timely file and substantiate a creditor claim in that bankruptcy case.

@Sylvia B. you need to file a quiet title action and have the Court declare that you are the lawful owner of the property to the exclusion of all others. Then file the Court's judgment in the recorder's office to clear title. If your attorney doesn't feel comfortable doing this, feel free give me a call. 

Best of luck!

John

Disregard this solicitation if you have already engaged a lawyer in connection with the legal matter referred to in this solicitation. You may wish to consult your lawyer or another lawyer instead of me (us). The exact nature of your legal situation will depend on many facts not known to me (us) at this time. You should understand that the advice and information in this solicitation is general and that your own situation may vary. This statement is required by rule of the Supreme Court of Missouri.

@Rob Golob Does the buyer have the cash or will their be financing? If its cash or seller financing, have a local law firm facilitate the transaction by drafting the deed in exchange for a cashier's check or note and deed of trust (mortgage).

Best of luck!

John

Disregard this solicitation if you have already engaged a lawyer in connection with the legal matter referred to in this solicitation. You may wish to consult your lawyer or another lawyer instead of me (us). The exact nature of your legal situation will depend on many facts not known to me (us) at this time. You should understand that the advice and information in this solicitation is general and that your own situation may vary. This statement is required by rule of the Supreme Court of Missouri.

Paige:

I'm a real estate attorney in Branson. My personal advise is to find a local attorney near Cole Camp to represent you for a small or flat fee (if possible). Industry standard price in rural Missouri for this issue is probably $850.00. Have your attorney do two things simultaneously: (1) draft a letter to the tenant called "notice of termination and demand to vacate" and (2) file an unlawful detainer suit seeking possession and, if possible, damages. 

Then, find contractors and get bids so that you can hit the ground running with remediation work after the tenants have vacated the property. 

Good luck!

John

Disregard this solicitation if you have already engaged a lawyer in connection with the legal matter referred to in this solicitation. You may wish to consult your lawyer or another lawyer instead of me (us). The exact nature of your legal situation will depend on many facts not known to me (us) at this time. You should understand that the advice and information in this solicitation is general and that your own situation may vary. This statement is required by rule of the Supreme Court of Missouri.

Hi Lacy, 

I believe the "Expedia bill" died in committee. However, you should be able to file a formal request with Planning and Zoning for a Division III "Special Use Permit" to designate the property as a nightly rental. 

Good luck!

John

Carrie: Is the property in Missouri? Do you have a written lease agreement? I would write her a nice letter enclosing copies of the unpaid invoices explaining that she needs to remit payment within 10 days or you will be forced to take action. Of course, what action you can take depends on the circumstances and the terms of the lease. I hope this helps. This is not legal advise, but rather my general opinion. John “Disregard this solicitation if you have already engaged a lawyer in connection with the legal matter referred to in this solicitation. You may wish to consult your lawyer or another lawyer instead of me (us). The exact nature of your legal situation will depend on many facts not known to me (us) at this time. You should understand that the advice and information in this solicitation is general and that your own situation may vary. This statement is required by rule of the Supreme Court of Missouri.”

This isn’t legal advice, but I would include a specific “event of default” provision, jury trial waiver, prohibit all assignments and subleases, and always include an attorney fees provision for the prevailing party. Other than that you can evict a tenant easily if rent is due and owing or the tenant has violated a material lease provision. Happy renting! John