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All Forum Posts by: Richard C.

Richard C. has started 19 posts and replied 1919 times.

Post: Seller refusing to allow marketing to buyers

Richard C.Posted
  • Bedford, NH
  • Posts 2,011
  • Votes 1,614

So it looks like you have a license. Just list it. Or round up the money and buy it. You are a pro member so you can post on the marketplace looking for private money.

Post: Seller refusing to allow marketing to buyers

Richard C.Posted
  • Bedford, NH
  • Posts 2,011
  • Votes 1,614

Of course he didnt want a lockbox and multiple people tramping through his house, and no reasonabl expectation of a quick sale. If he was willing to put up with those things, he would be far (far,far,far,far) better off listing with a broker.

What is your value proposition? In other words, what are you offering that he cannot get elsewhere? It sounds like there isn't anything.

Buy the house and then sell it. If you don't have the.money for that, get a license and list it.

Post: Triggering due on sale clause

Richard C.Posted
  • Bedford, NH
  • Posts 2,011
  • Votes 1,614
Originally posted by @Bryan O.:

@Richard C. If you don't pay when they accelerate the note, what happens? Do they give you more time to find a buyer, or do they begin foreclosure? My understanding is that your payment is due and if you cannot pay the note off, the bank can pursue every avenue they have available for any other delinquent property.

If that is not how it works, please explain what the process looks like. Does it become like a short sale? If you can't refinance it right away or pay cash what exit strategies exist outside of hoping to sell it to someone else within 30 days?

 Right.  And what happens when they foreclose, for any reason?  Can they take the property, auction it, and keep the proceeds?

That is a rhetorical question.  The answer is no.  They only get to satisfy the note and pay their costs.  The residual goes to the property owner.

That is why people claiming, "The bank just wants my property!" are almost always wrong.  And why the bank has absolutely no incentive to take a property because it has appreciated in value.

In theory, they might have an incentive to accelerate a loan and force you to refinance if interest rates have risen significantly.

But the real reason they do this is the secondary market requires it.

Post: Triggering due on sale clause

Richard C.Posted
  • Bedford, NH
  • Posts 2,011
  • Votes 1,614
Originally posted by @Bryan O.:

I met a guy back in March or April that had transferred title to his LLC 2 years ago. He never was late, never missed a payment. His bank sent a letter calling the note due. He was able to work with them and they allowed him 30 days to have it back in his name. I asked FirstBank about it and they said they would never allow me 30 days to fix it, it would just be called due.

RUMOR ALERT: Now that property values are going up, I hear banks are more willing to research and call notes due. They can then reclaim the property (likely in good condition) and sell at higher values.

That's not why; that is not how a DOS works. They don't get the property, they can only force its sale.

Post: Wells Fargo won't allow us to place property in LLC

Richard C.Posted
  • Bedford, NH
  • Posts 2,011
  • Votes 1,614
Originally posted by @Tim Wilderbeeste:

'Frankly Im surprised there is any real discussion about this. Wells Fargo, BofA, Chase, and every major bank has the same due on sale clause. Its standard language in every mortgage. Secondly you took advice from as you put it, a "guru". Thirdly, your attorney charged you probably a lot of money to set up this LLC that you are now realizing may be useless. He then seems mystified that a due on sale clause was in your mortgage? Oh and now Im guessing he will be assisting you with the purchase of the umbrella policy? Walk away from the attorney. Buy an umbrella policy. Its like $300/year. Shut down the LLC. Lesson learned. Stop reading anything that comes from a "guru". Go make some money. Stop spending it. '

Congrats. Having extolled the virtues of the community, the first cynical blowhard rears his ugly head.

As a point of fact the lawyer had the integrity to return ALL of his fee, thanks very much. Screwed that one up, didn’t you?

As for the 'guru', what does that have to do with the point about the LLC other than the fact we arrived at that situation via an earlier proposal (mentioned as an aside) from the individual on the matter of trusts? The LLC advice came from here - and the lawyer - so you might as well question why people are on this forum seeking advice in the first place from fellow investors and self-styled gurus. Of course, the irony of your questioning the advice of the 'expert', while ladling out your own deftly delivered diatribe probably eludes you - having someone ghost write a book for you soon, are you?

Further, I suggest you learn to read - I quite clearly stated that my wife has been professionally engaged as a writer (on numerous occasions as a matter of fact) by this very well known individual and personally sought out his advice on the matter of protecting the RE assets, so by all means enthrall us with your acumen vis-a-vis your brilliant extrapolation to the effect we're reading his books?

As for the umbrella policy - really? Who would have thought that such a thing existed? The point, oh greatest of real estate sages, is that we still wanted to find a way to isolate the properties within a legal structure that would further insulate the growing portfolio of RE assets, a not unreasonable aim in a situation where a three to five million dollar blanket policy could prove small change in the right circumstances, especially here in the USA with its bevy of piranha lawyers waiting for any given opportunity to stake their financial claim.

Oh, and as for that pearl of wisdom on making money instead of spending it! What breathtaking insight! You mean real estate investment isn’t about taking from the rich and giving to the poor? Damn, I’ll have to lay down my bow and arrows and break the bad news to Little John and Will Scarlett! I guess in your neck of the woods they simply give real estate away, agents waive their fees, surveyors, contractors etc donate their time out of goodwill, and lawyers perform their duties pro bono on the odd occasion people (obviously not a genius like you) need their services? The point, Sherlock, is that any business requires the expenditure of money at times on ancillary services, even consultation fees, and anyone who doesn’t do their utmost to protect themselves from the potential legal minefield that property ownership represents in the USA is courting disaster. Any more profound philosophical insights?

Finally, I would suggest you peruse the responses from those who preceded you on this post and note the professionalism and basic courtesy so utterly bereft from your own arrogant, chest-thumping ‘look at me’ post that essentially added nothing to the discussion other than the sad fact that, like all forums, there’s always some egotistical jerk lurking about who thinks they own the site and look for any opportunity to jump up on a soapbox and pontificate. Try learning that most un-American of traits – humility – before posting again. Or better still try restraining that impulse to post completely.

 Do you imagine this to be helpful?  Because honestly, it is less professional than the post it is replying to, and also is a wildly disproportionate response.

I'm glad your lawyer returned his fee. He should have. The fact remains that he (and you) screwed up in a couple of really significant ways. First in blindly going with an LLC, when chances are that it will do NOTHING to "further insulate the growing portfolio of RE assets." As I said above, and as you can find discussed in detail on this site, the vast majority of LLCs don't provide any meaningful protection. And second in not reading your mortgage and finding the due-on-sale clause, which really completely standard. Or even reading on here about transfering property into an LLC (there are dozens if not hundreds of posts warning that banks won't allow it, and that it may trigger a DOS clause.)

Rob and myself are from the same place, gritty mill towns in central Massachusetts.  It's a stright-talking kind of area that has produced few diplomats.  But many successful businessmen.

Post: Difficulty finding the right contractor to fit my business

Richard C.Posted
  • Bedford, NH
  • Posts 2,011
  • Votes 1,614

You guys aren't all as far apart as you think you are.

One thing about that plumber getting back in his truck: companies do the same thing every day. I work for a very large very well known management consulting firm. One thing the data analysts try very hard to do is identify for clients who their "bad" customers are, so that those clients can "fire" their bad customers.  There seems to be a notion some people have that as long as you are making money with a relationship, it should continue. This is not true. The costs, trouble, risk, and opportunity cost of servicing that business all come into play.

All that plumber is doing is pre-emptively firing what experience tells him will be a bad (or expensive, if you prefer) customer.  Totally appropriate behavior, and very likely a sign of good business skills, not poor ones.

The reason I say you are not far apart is that it is obviously POSSIBLE to get contractors to work on your terms, it is equally obviously not EASY. If it were, the OP wouldn't have had to post. And the reality is that Jason's advice and Aaron's are likely to lead to the same place. With the OP looking at many contractors before.finding what he is looking for. And when he finds that contractor, chances are that in fact, it will be a.less established operation.

Post: Education Quest

Richard C.Posted
  • Bedford, NH
  • Posts 2,011
  • Votes 1,614

Yes.

There is no "secret sauce" in real estate investing.  No "this one crazy trick."

If you want to be successful in real estate investing, learn real estate.

Post: Education Quest

Richard C.Posted
  • Bedford, NH
  • Posts 2,011
  • Votes 1,614
Originally posted by @Mecia R.:

Hello, 

Been doing my own studying, a class with Reia, listened and read great BP info, unsuccessfully searched for a mentor...  would like more comprehensive education on Real Estate Investing-no gimmicks and reasonably priced.  Any suggestions?

Thank you!

 Take your state;s real estate licensing exam.

You don't need to get a license if you don't want to (though you probably should.)  The class will be a good general introduction to real estate.  I expect it will cost less than $500.

Post: Wells Fargo won't allow us to place property in LLC

Richard C.Posted
  • Bedford, NH
  • Posts 2,011
  • Votes 1,614

Your lawyer is absolutely right.

Not in being mystified that Wells Fargo is taking this line.  That's not mysterious at all, most banks do the same.

Rather, he is right that all you need is an umbrella insurance policy.

The vast majority of LLCs provide NO asset protection.  ZERO.  That is because almost none of them are actually managed in such a way as to prevent liability from attaching to their owners.

Just get the insurance.

Post: questions about discrimination

Richard C.Posted
  • Bedford, NH
  • Posts 2,011
  • Votes 1,614
Originally posted by @Royce Talbo:

@Bill S. Thanks for joining in, my thinking is that if it comes to that proving I didnt discriminate, it shouldnt be that difficult if multiple applicants met the qualifications. All the other things we discriminate against I just didnt write down, but would be able to explain in court.  I do have a points system but just in my head not written down.  The messy car rule is one that I always use.  The other about cars that I have is no more than 3 cars.  I guess I should start writing it down my points system just in case this ever does happen to make things easier.  

People in Hawaii are very laid back and noone really sued anyone until the past couple decades.  Suing someone was looked upon as cowardly and people used to handle their own business.  Now people are so fast to take legal action and try to get money.  I guess times change and what worked for my family all these years might not work for me.  

I googled the discrimination on convicts and you are correct it is only illegal if they fall under title VII protected individual and puts them at a significant disadvantage. If they are just a convicted felon you can discriminate against that.

 You asked, essentially, if you were doing this the right way.  You were told by several posters, correctly, that you were not.  You are now proceeding to argue against that advice.

Why ask for advice if you are not willing to consider advice that cuts against your own opinions?

What you have described will in get you your head handed in court.  Especially once a housing services attorney does a google search and finds this thread.

You better write down your "point system" and rent to the first applicant you have who meets the minimum number of points required.

I strongly suggest that you join a local landlord association.  You're heading for trouble.  It may be next week, or it may be 20 years from now, but it is coming.