Skip to content
×
Pro Members Get
Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
ANNUAL Save 16%
$32.50 /mo
$390 billed annualy
MONTHLY
$39 /mo
billed monthly
7 day free trial. Cancel anytime
×
Try Pro Features for Free
Start your 7 day free trial. Pick markets, find deals, analyze and manage properties.
All Forum Categories
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

All Forum Posts by: Kelly DeWinter

Kelly DeWinter has started 2 posts and replied 249 times.

@Teddy Grooms I forgot to add their List price was 67K. I seriously just ignore the List price on foreclosure,REO,fixer upper and distressed properties. I run my numbers and make the offer based on my numbers, and not the list price

yes, I do it all of the time , the worst a Seller can say is No, The best a Seller can say is Yes. Any offer at least starts the negotiation process. I even submit offers repeatedly as a house sits on the Market. I bought a condo for 43K after haveing 3 previous offers at the same price turned down.

Post: inactive license on social media

Kelly DeWinterPosted
  • Posts 259
  • Votes 159

Talk to a Broker, You still have your licence and ARE a licenced Realtor. I would still use the designation, just ask a Broker the do's and don'ts for your state while on InActive status. Some states allow you to put a licence in inactive status with a Broker and receive commissions on referral. 

@Wesley W.

I understand your desire to secure your property and think visual recording of drug dealers on your property is a great idea.

It doesn't have to pass the "sniff test", it only has to be upheld in the courts.

irregardless of your ability to gain consent from visitors to YOUR property, the law is the law. 

There is nothing missing from my understanding or explanation. The statue is simple and concise. You are just looking for validation to place audio surveillance on your property so you keep asking the same question with small variations.

At this point I would recommend paying for a legal opinion or take your chances with your "security guy installer legal advice".

Security cameras have been fond not to deter crime, but only to increase the sale of hoodies. Loss Prevention companies use them to document crimes for easier prosecution, IF they are able to get a good picture of the criminal.

Fun Fact, most state audio recording laws were conceived to protect our 1st amendment rights to Free Speech. The statues we are discussing here are specifically designed to PREVENT recording conversations.

@Andre Debs

. Yes, NY and NJ are 1 party consent states, but ONLY if you are part of the conversation, you cannot audio record a conversation you are NOT part of
. A clause in the lease should state for recording in public spaces, anything else violates the Fair Housing Act. A lease clause will not cover conversations between two people who are visiting the property like two suspected drug dealers.
. Searches at the airport are covered by different state laws.
. Posting signs is informing  someone, it is NOT the same as granting consent. 

@Wesley W.

Re-Read the posts -Maybe its just a guy thing. Notification and Consent are two different things.

. Notification without Consent will land you in jail.
. Consent without Notification keeps you out of jail.

NY is a bit different New York makes it a crime to record to record or eavesdrop on an in-person or telephone conversation unless one party to the conversation consents.N.Y. Penal Law §§ 250.00, 250.05. Thus, if you operate in New York, you may record a conversation or phone call if you are a party to the conversation or you get permission from one party to the conversation in advance.

Security cameras are treated as phones for recording purposes. So you can record your own conversations without the other party's consent (M Cohen and D Trump) but you cannot record two people having a conversations without one of them consenting to be recorded.

Post: I found 2 tax sale signs posted

Kelly DeWinterPosted
  • Posts 259
  • Votes 159

@Summer Hall
A tax lien certificate sale,  does not convey ownership of the property. Rather, the taxing authority sells its lien and the purchaser receives a tax lien certificate. This entitles the purchaser to basically take over the position of the taxing authority and collect full payment of the past-due taxes, plus interest, from the delinquent taxpayer.

If the delinquent taxes are not paid by a certain date, the purchaser of the lien generally has a right to foreclose the lien (or take certain steps to convert the certificate to a deed) and take title to the home.

. Usually it's an auction (in your case,at the tax commissioners office on June 4th)
. You are paying the back taxes when you win the auction.
. You are NOT contracting the property.
. If the owner pays you back (depending on your states rules), they keep the property, if they don't by a certain date, you foreclose and get the property, subject to state rules.

@Sami Gren

This is the point where I usually say "Seek the advice of a competent lawyer , because you can either pay one now to tell you NO don't do it , or you can pay one to represent you when you are sued"

. No don't do it. (re-read the NJ statute above)
. A sign is NOT advance consent. (consent is a verbal or written agreement)
. Ask your "security guy installer" if his company's Errors and Omission's Policy will cover you based on "security guy installer legal advice" when you are arrested and/or sued for illegally recording conversations without advance consent.

I would put the Property Owner, unless you have a different agreement with the Property Manager and state laws allow it.

Post: Help me see if I'm doing my math right

Kelly DeWinterPosted
  • Posts 259
  • Votes 159

 @Erin Newton

. You only save 1 years interest on the property by Re/Financing to purchase the next

. Your profit margin after refi has to include the new mortgage $320,000 @ 3.96% over 30 years = $1,520 per month

Your $1040 - $1520 means you are negative $480 every month.


Not a good way to start.

First , make sure you have your terminology correct, You are under contract, the price is agreed upon, there is no counter offer for repairs.

If after the inspection depending on the verbiage of your Home Inspection clause,

. Ask for a Price Reduction to cover the cost of repairs
. Ask for X $ towards Repairs
. Continue with the Contract notwithstanding any repairs.
. If the Seller says no to the above. Increase the Sales price to cover the cost of repairs w