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All Forum Posts by: Richard Balsam

Richard Balsam has started 2 posts and replied 235 times.

Post: probate attorney in Sugar Hill Georgia

Richard Balsam
Posted
  • Investor
  • Alpharetta, GA
  • Posts 241
  • Votes 185

Not sure Sugar Hill is large enough - try this link for Probate attorneys in and near Lawrenceville.

http://lawyers.findlaw.com/lawyer/firm/probate-est...

Post: Anyone on BP "crying out" at Georgia foreclosure auctions?

Richard Balsam
Posted
  • Investor
  • Alpharetta, GA
  • Posts 241
  • Votes 185

@Marcello Di Gerlando You pose a good question. I've heard from other people that Auction.com is not always what they pretend to be. For example, they constantly run "intro" classes - even while the auction is ongoing outside the courthouse, for anyone wanting to learn the auction rules. I attended one just to see what is was about - on a Saturday morning near my home. They talk a great game- but I have one major problem with them. Mainly, how did they get to cry almost every major bank - and displace so many criers? A few year ago- when I used to buy a lot at the auction, only criers working for the attorney offices were present, as it should be. Why do investors have to learn "their" rules? Why are they always instructing others on their methods at the auction? None of this was ever done before, and winning bidders never questioned that they paid a fair market value - based on the number of bidders at the auction. Why do they jump the bid before any investor can offer to beat the bank opening bid? (I've seen multiple times they immediately ask $25K-30K more than the open bid amount - I'm sure it's to just see what they can get). If this isn't working for the banks- nothing is. Remember- when you bid at the auction, any amount over the bank opening bid is supposed to go to the borrower - not Auction.com or anyone else. Or...is this amount actually going to them? Not sure the answer. All I know- I will attend the next auction next week to see if I can spot other irregularities...again. 

To answer your question on eviction: The law states that nobody can sue a county after a legal foreclosure has taken place. If they have a problem- they must go after the bank that issued the foreclosure. So- the eviction you file uses the county to remove the occupant - and any item - with a county Sheriff present. The Sheriff signs off when all items are removed, and that there aren't any strange things in the house ( dead bodies, animals, drugs, etc). The ex-owner cannot sue you for anything once you follow the rules. Even a vacant house - can have things "hidden" as I mentioned previously, and they will go after you if missing. Just be on the safe side- it takes usually 4-6 weeks to schedule an eviction, less time in smaller counties. You can always hire an eviction company to perform the removal process - they have a county sheriff with them too. They are usually 2-3 weeks out vs. 4-6 with the county.

Post: Transactional Funding or Hard Money?

Richard Balsam
Posted
  • Investor
  • Alpharetta, GA
  • Posts 241
  • Votes 185

Couldn't you do a double close for this transaction? In this case - the buyer transfers the purchase amount to the title company or RE lawyer's (depending on your state) escrow account. At closing, title company (or attorney) uses these funds to fund your purchase. I know this is allowed in many of not all states. The only double closes I have done - involved purchasing the home for 30 minutes with our funds, while my buyers were in the waiting room, and then sold using owner finance - so my experience with outside money is limited. Call different companies to see who would work with this arrangement. Good luck.

Post: $200,000 IN FLIP FUNDING!!!

Richard Balsam
Posted
  • Investor
  • Alpharetta, GA
  • Posts 241
  • Votes 185

Looks like they fund real estate ventures but not their own web site costs? The web address gets intercepted by wix.com - a web hosting company where they used to be located. Strange...

Post: Why did Brandon say that?

Richard Balsam
Posted
  • Investor
  • Alpharetta, GA
  • Posts 241
  • Votes 185

Remember this - everyone on BP is responding to your request for help. In your case, you have so many issues at the same time, and it requires multiple professionals to assist you to make your life run smoothly, and in the end, more profitably. That said, all I can do is respond as a serious investor would, without legal or accounting advise, but hopefully help you see what others would do in your situation. I hope this helps open your eyes that not everything is lost - and can be fixed - with the right help.

You said you have three rentals, paid in full? I assume this means you have no liens on the homes, and your equity is sitting in each property? These three homes are in your name only? Also- you need the rental income to pay your bills? This raises a number of red flags to me. 

1. Rentals in your own name can equal disaster. Period. Never put rentals in your name. You mentioned you have insurance. Enough insurance? How much is enough? Do you have an umbrella insurance policy over you personally - in case you are sued - and they try and take all your assets? See where I'm going with this? You mentioned something about being sued, and want the rentals in your name? You think insurance will protect you? Maybe yes- maybe no. Have you seen how large insurance coverage documents are? Most of the pages are for exclusions. Please see an insurance expert - or call the company. I was sued 10 years ago - not my fault. Insurance covered everything - even settled out of court - just to make the suit go away. Lawsuits happen for no reason everyday - you must be over prepared. In my case- the wife fell down the stairs three days after moving in. Somehow- my fault. House was 4 years old at the time. Strange events happen. Landlords are targets.

2. You heard that LLC's do not protect against liability? Maybe if they are set up wrong, or not run as if they are "alive" ( annual company minutes written down, annual fees paid to the state on time, separate bank accounts, etc). They exist only as "Limited Liability" companies - just as the name suggests. To think otherwise- is wrong. Period. You need to speak to either a corporate lawyer specializing in company law - or a good CPA accountant asap.

3. How to pay for the above? You own free and clear rentals? Go to a local bank ( or multiple banks) and see who will offer you a line of credit that you can draw from. They will attach a lien to your rental house (for each one). At this point, any size will help, but try and get as large of a line as possible - on each house. I will explain shortly. Take a small amount and use it for legal and accounting advise to set you up for tax advantages, asset shielding, etc. The meetings will not cost nearly as much as what you can lose in a lawsuit. 

4. Why these lines of credit? Two reasons. 

1. Banks will "grab" as much equity out of each home as possible ( up to their limit of course). When you are sued- a lawyer will look to what you own to take as much as he can. When he sees a home with a large mortgage, line of credit, etc - that a bank has a 1st position on- he cannot take any of it - only what is left after the lien, if any at all. So- this works like an asset protection device - in the loosest sense of the term. Nobody can tell if your $50K line of credit lien on the house is all used up- or nothing is used at all. See what I mean? It stays there until you sell the home- or refinance with someone else.

2. Access to a few dollars to get you out of this mess. Once done, and you are set up properly, I would suggest to either burn the checks - so you cannot load up on debt on these lines of credit, or if you feel confident, use these lines to buy a low priced rental - and this will be your financing for it. The interest rate will be extremely low compared to investment money ( they average 3-4-5% interest today). Just don't abuse it.

That's my long two cents. Take what you want from it. Experts will advice you best.

Post: Anyone on BP "crying out" at Georgia foreclosure auctions?

Richard Balsam
Posted
  • Investor
  • Alpharetta, GA
  • Posts 241
  • Votes 185

You'll find that the auction process in Georgia is very quick - four weeks of advertising in the county "organ" (newspaper that carries gov't information, among regular news articles, etc, then off the the steps on the 1st Tuesday of each month).  No redemption period in Georgia. Auction.com took over the crying on the steps in most counties, and in many states. Many investors know this destroyed the old process of dealing with the individual criers of each foreclosing attorney office. Now- it appears Auction.com works for the banks - not investors - be careful. Their job is to promote bidding "wars" for houses, and quite often raise the bid amount over the initial asking price- just to see what they can get ( I see this regularly). For example: "Open amount is $150K - do I hear $175K?" - in the same sentence - nobody bid anything yet...they try and move the needle up as fast as they can ( I saw this last month too). Used to be individual investors bid up the prices by themselves - a true market value. You pay them certified funds, as you would any auction. MUST evict the house of tenants, items, etc upon winning the bid - or may suffer a lawsuit from the ex-owner ( just fill out paperwork at the Magistrate office at the courthouse-easy). Must not enter the house - Georgia separates "ownership" from "possession" - until eviction is done - you cannot enter the house - or trespass on the property. When cleared by a Sheriff officer, and he/she signs off- then possession is done for the record. Investors don't know this and may set themselves up for a little surprise called a lawsuit in small claims court by the ex-owner... Happens quite a few times - I heard this from other criers at the auction steps and sherriff officers evicting my properties ( not to me!). Good luck!

Post: Shady "Property Manager" Taking Advantage of Out of State Owners?

Richard Balsam
Posted
  • Investor
  • Alpharetta, GA
  • Posts 241
  • Votes 185

If the property taxes are paid and current - the real owners should be at least take an interest in their own property. If they are not - and assuming their "property manager" is doing their ground work for them ( for a paid fee) - eventually, this situation will fall apart. Even though you are trying to do the right thing, there is still a natural law of "survival of the fittest" - these "investors" will eventually either stop hiding and realize themselves they have been taken advantage of - or lose the home from city code violations,  or maybe a foreclosure forthcoming. Either way, sounds like it will not end well for them. I don't think you need to be spending any more time on this. Sounds like it will be lost to a foreclosure one way or another - and since the owners are not able to be located - or don't want to be located, just remember - there are many other properties to locate - and other owners who need your services.

Post: What would you do?

Richard Balsam
Posted
  • Investor
  • Alpharetta, GA
  • Posts 241
  • Votes 185

If you're afraid of the bank finding out when the title transfers - there is one method that is unique- but I know will work ( I recently did it myself for another reason - with existing tenants). Have a lawyer draw up a joint venture security deed - which is filed at the courthouse. You can arrive at any % ownership that works for you. This way- your uncle is still on the deed - but you are too. Instead of just filing a Quitclaim deed, removing his interest in the property, this shows he still has an interest - but offered a % to a family member. At worst case- the bank finds out, and will want your signature on the loan too - but this is rare if they are not notified by anyone. It it were me, I would want 51% -enough to show a majority interest, so you can shop for lower insurance as you stated. Your uncle may still have to sign for the new insurance - but you have the ability to lower your costs -since you are the majority owner.  I'm not a lawyer- but your interest can range as low as 1/2% to 99% - best to check with others here :-) My attorney has done deals as low as 1/2% - and it has held up in court ( he helped pass the rule in a Superior court case here in Georgia a few years ago). Yes...he's expensive!!! 

Post: Real estate agent/investor from Middle Georgia

Richard Balsam
Posted
  • Investor
  • Alpharetta, GA
  • Posts 241
  • Votes 185

Welcome to BP! I'm also relatively new here. You'll find a ton of useful things here, as well as extremely knowledgeable folks that can help answer just about anything on investing. Take advantage of all the resources here - including the great podcasts, webinars, books, and of course, the contacts to be made... and give back with your input - that's what makes BP so great! Happy investing!

Post: Real estate license in Florida, lives in Georgia

Richard Balsam
Posted
  • Investor
  • Alpharetta, GA
  • Posts 241
  • Votes 185

I was a broker in Florida a while back, and still have my license. When I moved to Georgia, all I had to do was call GREC and they told me which form to fill out. Found a broker here ( I am a salesperson in Georgia) and the rest was easy. Now- have to do a 14 hour broker-salesman open book test every two years for Florida, as well as the 36 hours CE required for Georgia. Seems like I am either going to classes - or reading the Florida book!