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All Forum Posts by: Ronald Rohde

Ronald Rohde has started 17 posts and replied 5109 times.

Post: Recourse options for Commercial Lessee for nonpayment

Ronald Rohde
#3 Commercial Real Estate Investing Contributor
Posted
  • Attorney
  • Dallas, TX
  • Posts 5,330
  • Votes 2,254

Evict them

Post: Small Claims Court for breach of contract with a contractor

Ronald Rohde
#3 Commercial Real Estate Investing Contributor
Posted
  • Attorney
  • Dallas, TX
  • Posts 5,330
  • Votes 2,254
Originally posted by @Account Closed:

@Justin K.

Your probably put of luck. Me personally I would not pursue it civilly for a few reasons. The amount of time your going to spend to go to court and frustration is going to be close enough or more than the judgement. More importantly is this person going to be collectable? If he works for himself probably not.

You may be better off just reaching out to the contractor's board for possible criminal remedies. In some areas there is a maximum initial amount a contractor can request.

Social media... Doesn't mean a damn thing. He could change his name or business page name anytime and poof all the reviews are gone. Facebook gives businesses an opportunity to verify their legitamecy but most small businesses don't bother. Even if they did most people don't know the difference that little check mark means.

 General contractors are not licensed in Texas. You can seek criminal complaint, but it really depends on DA, location, amount, types of acts (check kiting, fraud, etc.)

Post: Small Claims Court for breach of contract with a contractor

Ronald Rohde
#3 Commercial Real Estate Investing Contributor
Posted
  • Attorney
  • Dallas, TX
  • Posts 5,330
  • Votes 2,254
Originally posted by @Justin K.:

So I'm guessing from the lack of responses that either 1) people don't succeed in this and 2) its a waste of time? 

 I'll chime in your behalf. I've listened to probably 30, 50? of property owners who were ripped off in similar situations. I tell them it will cost $5-6,000 to get to garnishment on a single bank (which as others pointed out, individual can close accounts and switch to cash, etc).

That said, I have had clients pay me my hourly, collect a judgment, garnish a couple bank accounts and collect. 100% in full plus some interest (no attorney fees sadly). So he was owed about $20,000, paid me $5k up front and he collected $15k plus the satisfaction of following through on his threats and public knowledge, justice, etc. Other people pay and collect a few thousand less than attorney fees, most people get nothing.

This is one case paid in full out of maybe 10 that I've taken, the rest do not collect. 

"past performance not indicative of future results, I am a lawyer in Texas, I am not your lawyer."

Post: House Hacking in Dallas, TX

Ronald Rohde
#3 Commercial Real Estate Investing Contributor
Posted
  • Attorney
  • Dallas, TX
  • Posts 5,330
  • Votes 2,254

if you're willing to rent rooms, seems more options for SFR there.

Post: JV Or Hard Money Loan?

Ronald Rohde
#3 Commercial Real Estate Investing Contributor
Posted
  • Attorney
  • Dallas, TX
  • Posts 5,330
  • Votes 2,254
Originally posted by @Account Closed:

Hi all,

I'm not sure how to approach this deal and I'd like some guidance.

I found a 10 unit apartment in Hickory that I'm in negotiation to put under contract.

The price we've agreed on is $425,000.00 Seller is not open to creative financing. I've discovered that rents can be raised EASILY from $475 to $650, putting the forced equity at $177,062.00.

Since seller wants to sell conventionally, I'm thinking I'll need to put 25% down, which is $106,250.

Where could I go to find money like that?

Would people JV with someone like me who doesn't have the money to put down? How would I structure a deal like that?

Or is it better to get a hard money loan here?

The exit strategy is over the next 3 years to fix up the units, raise rents, and do a cash-out refinance.

 Not to be sarcastic, but you save it from your current income. $100k is not much for commercial, so even finding this "great" deal means a lot less if you can't close or get it under contract first. Ask your friends and family for cash, you'll need more once you start renovating too.

Where is "Hickory" you don't have a state listed?

Post: Tax Deed Purchase - No Title Insurance Available - Financing?

Ronald Rohde
#3 Commercial Real Estate Investing Contributor
Posted
  • Attorney
  • Dallas, TX
  • Posts 5,330
  • Votes 2,254

Hard money can loan on whatever they want, plenty can loan without title policies, but the risk compensation is commensurate. I'm not aware of any commercial lenders not requiring it because they need underwriting standards in order to re-sell the loan or meet auditing requirements. Find someone who is willing to hold the loan on their own balance sheet.

A cash buyer is going to win these properties.

Post: First property Seller Financing option

Ronald Rohde
#3 Commercial Real Estate Investing Contributor
Posted
  • Attorney
  • Dallas, TX
  • Posts 5,330
  • Votes 2,254

With only $20k down, you don't have enough cash reserves to handle such a large purchase. You hard money guy is likely banking on you turning over the property to him. You would be better served trying to find a 80% equity partner who can qualify for a tiny $200k loan from a commercial lender.

Post: House Hacking in Dallas, TX

Ronald Rohde
#3 Commercial Real Estate Investing Contributor
Posted
  • Attorney
  • Dallas, TX
  • Posts 5,330
  • Votes 2,254
Originally posted by @Jake Lavey:

I am a new investor with just one commercial deal under my belt. I am looking to do some House Hacking in the Dallas Area but am having a hard time making the numbers work. Is there a specific area that people have found success house hacking? I am a land developer and work all over DFW, so I'm not tied down to one particular area to live. Any help would be awesome.

Thanks!

 Are you looking for multi-unit 1-4 or just renting out rooms? What numbers do you need? Live rent free or profiting each month?

Post: Business Owners "rent-hacking" commercial property?

Ronald Rohde
#3 Commercial Real Estate Investing Contributor
Posted
  • Attorney
  • Dallas, TX
  • Posts 5,330
  • Votes 2,254
Originally posted by @Bob Langworthy:

@Lou LaMedica, the real estate is in a separate single member LLC. I have a 20 year commercial note on it, with a 7 year balloon at 4.375%. And yes, an SBA loan can be used to purchase owner-occupied commercial real estate.

Hope this helps,

 Are you occupying 51% of the space? 

Post: Property Management charging too much!?!?

Ronald Rohde
#3 Commercial Real Estate Investing Contributor
Posted
  • Attorney
  • Dallas, TX
  • Posts 5,330
  • Votes 2,254
Originally posted by @Dave G.:

@Ronald Rohde 

Point taken. Would I have saved money paying for a legal review of the contract? Very probably, but not significantly as the slimy PM only had 3 of my properties under management and the deposits did not add up to much. Either way, I'm sure the lawyer would have pointed out the buried language and additional risks. I probably would have learned a thing or two to look out for.

I currently have 6 properties and it's hard with that low quantity to pay for some services vs if I had 20+ properties. Nonetheless, perhaps I need to reconsider going forward a legal review gate for future agreements.

 I think you can find an attorney who will review your contracts for a reasonable fixed fee. 6 properties is more than some of my clients who pay for doc review.

Glad you didn't get burned too badly!