All Forum Posts by: John Clark
John Clark has started 5 posts and replied 1535 times.
Post: Should I file the Deed, or wait, for some reason..?

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Quote from @Ken M.:
Quote from @Peter Walther:
Quote from @Ken M.:
Quote from @Account Closed:
@Ken M. thank you for clarifying, and for time you've put in to answering my post.
state: Colorado
deed type: warranty deed
verification: Yes I verified the seller. I assume you meant check their ID, and do my own research on the title that shows the person I met with was indeed the owner.
distressed status: I didn't say it was 'distressed.' However, it is in default, wth a sale date in 3 months.
title status: title search and report is in progress. I'm planning to file it as soon as I see clear title, get an inspection, and get some additional paperwork signed with the seller.
should I file the deed?: people have commented on this post very strongly both directions on this question - some say I definitely should and some say I shouldn't. Sounds like you're more hesitant, and that I shouldn't. Your quote from above sounds like good advice, and makes me want to proceed more cautiously: "If he files, he assumes the risk of anything attached to title. Usually a foreclosure title has other issues."
Thank you again.
(federal issues)
In Washington, Oregon, California "for sure" it's a very big deal. I'm not current on Colorado foreclosure law.
there are federal laws involved
I personally, would not rely on self review of title obligations
Warranty deeds have to meet state specific requirements, usually have to be notarized and when done outside of escrow create a "credibility" problem with future title companies and definitely with the court in a lawsuit
Regardless of what you have been told or have read, you can not simply "Quit Claim Back" a property.
and other issues
I would not admit anything further because these he sites are monitored
pay for a local attorney for a proper solution He will need to see all paperwork to figure out best options
or simply hope your seller doesn't come back later
Ken, I believe an unnotarized deed can still pass title. Notarization does two things; first it provides prima facia evidence the Grantor acknowledged signing the deed and appeared to understand the nature of the act, second, it's generally a prerequisite for recording in the public records. However, if one is the Grantee of the deed, I think a declaratory judgment action could be filed and upon sufficient evidence the court could find the deed valid and order the Clerk to record it. An unwieldy way to go about it, but possible, I think.
Re
In Arizona for instance, in statute, a deed must be properly notarized in order to be recorded.
An un-notarized deed can be litigated pretty easily.
But, an unrecorded deed does pass on title to the new owner, at time of signature for the reasons you stated. However, I'm unwilling to go into the implications by stating that. We'll, I just did. But there are exceptions. There needs to be someone, who can look at the paperwork and the facts, that he can work with to untangle this. By his lack of responding to if it was notarized, if it went through escrow etc I surmise it was a table top closing and he said there were other deals he has done. I don't think this is a "one off" occurrence. Either way, in my opinion, it can't be properly resolved on an exposed forum with people not willing to represent him. If he has a history of doing Subject To or foreclosures this way, it's a bigger issue. But yes, I believe if he has an unrecorded deed, it still transfers title with all the hair attached, legal and tax issues included.
Yes, an unrecorded deed does pass title — but only as to me the seller, and you, the buyer. The rest of the world is entitled to rely on the recorded chain of title, with a quick look/see at the property to see if there’s anything about the place that would cause a reasonable person to believe that the recorded chain of title might not reflect all interests in the property and therefore further investigation is needed.
Innocent third parties taking without notice and for consideration usually win.
So don’t just say “title passes without recording.” It passes to some people under some circumstances. The original poster needs to record his deed. Full stop. Recording is how he gets a seat at the table. If he’s not at the table, then he’s on the menu.
Post: A tenant prospect with active Chapter 13

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You should be able to look up the bankruptcy filing on line and find out the reasons why. Medicals I am tolerant of. Loss of job can be investigated and then decided on. Champagne on a beer budget? No.
Driver’s license should match family’s house address.
Post: If I transfer a property from my name to a CA LLC, would this trigger due on sale?

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Quote from @Gin Zhuang:
Hi everyone,
I am learning about CA laws and regulations. I read something about due on sale clause or reassessment of property value. If I transfer a property from my name to a land trust without me being beneficiary or a CA LLC, would it trigger due on sale clause and reassessment of property value? What is your experience?
Thank you,
Gin
Post: Should I file the Deed, or wait, for some reason..?

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Quote from @Syed Ahmed:
From what I’ve seen, whether to record the deed right away or wait often depends on your strategy and how comfortable you are with potential risks. Recording it secures your interest publicly, but if the property is already in default, you’ll want to be mindful of how that might affect your next steps especially if you’re considering wholesaling or giving it back. The concerns you mentioned about title history and multiple transfers are definitely valid. This is one of those areas where talking with a local real estate attorney or title professional can save you a lot of headaches. Curious to hear how others here have handled similar situations.
The property is in default. If he wants a seat at the table during foreclosure, he needs to record. He has an equitable interest now, so he can be joined to the suit anyway. Make it official and quit screwing around.
Post: How Many Cold Texts Are Needed to Close 3 - 5 Deals Per Month?

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Quote from @Ky Perry:
Where are you finding 10,000 leads a day though?
Post: Should I file the Deed, or wait, for some reason..?

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Quote from @Account Closed:
I purchase a property recently subject-to, and got the deed to the property. I'm planning to hold it long term.
Though I have the deed, I'm wondering if I should go ahead and 'file it' with the county. I haven't cured the default on the mortgage yet (it was 6 months behind, and in default).
I have considered just wholesaling the property as well.
Are there reasons I would NOT want to file the deed? My thought is that having too many properties in my name could be a problem. And/or that having the property change hands too rapidly (I file the deed in my name, then sell it soon after) could create various kinds of problems.
Also if I file the deed, then need to Quit Claim the property back to the seller, could that create weird title issues that creates a liability for myself and/or the original seller?
Thank you very much for your help!
2. Accept the fact that you will lose everything because you bought subject-to for a property already on the skyline with the bank and this is just one more example of the owner screwing around.
3. never buy subject-to again.
Post: Do you allow pet sitting?

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Quote from @Kadia Lawrence:
Do you allow pet sitting, whether for a fee or no fee? If you have a tenant that has an approved pet -- they've paid the typical $250 non-refundable fee and $20-$30/ month per pet -- and this tenant family or friends who occasionally visit or stay overnight with a dog pet, do you allow that? Or, do you require any animal, including ones that are visiting or staying one or 2 nights to go through the same approval process and pay the same fees?
2. is it being done commercially?
3. What type of pet?
Post: Rent Cheap to Invest More… or Buy Your Own Home Now?

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Quote from @Joseph Snyder:
When you’re single, the math is pretty easy. You can live in a duplex or fourplex. Keep your costs low and build equity. Even if you don’t house hack, renting a small one-bedroom or studio can be an obvious win because your living expenses stay low and you can throw more money into investments.
Once you have a family, kids, and a couple of pets, it’s not as simple. Most of the rentals that really save you money aren’t in areas you’d want to live with your family.
Here’s the situation I keep thinking about.
The kind of home most people would want for their family is in a safe neighborhood with good schools and a nice community. That could easily cost over $4,000 a month with a small down payment. Inflation is making it harder for people to save that down payment in the first place. You could rent something smaller or in a less “perfect” spot for around $2,400 and save about $1,600 a month. As a renter, you’re also not paying for big repairs or maintenance, which means even more savings. If it’s a condo or townhouse, you might get a gym or pool included. That could save money there too.
The question is: in today’s economy, is saving $1,600+ each month enough reason to hold off on buying your own place? Or does inflation wipe out the advantage so fast that you’re better off buying now?
And if we do see a market correction, would that change your answer?
Buy duplex and house hack
Post: I have 20k ready to invest

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Quote from @Eugene DuShawn Smith:
I have 20k in a savings and really considering investing in real estate but is 20k enough? My wife and I already have a primary home so we would have to invest as an investment property, Which would inquire a larger down payment I'm assuming. Will we be able to get bang for our buck with 20k? All options are considerable, townhouses, condos, or single family.
Post: Offer to have 50% equity or share on a home for a 107k investment

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Friend/family/boon companion involved? Automatic hard pass.