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All Forum Posts by: Tom Gimer

Tom Gimer has started 12 posts and replied 3420 times.

Post: Thank God I had an LLC!! - Said no one ever!?

Tom Gimer
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Quote from @James Hamling:
Quote from @Tom Gimer:
Quote from @James Hamling:

@Marcus Auerbach maybe we should re-ask this question in a reverse manner? 

Can anyone answer why/how it is O.J. Simpson has only paid $133k on a many tens of millions judgement from suit he lost decades ago. Keep in mind, LEGALLY has only paid $133k, retained all asset's, no liens, no seizures. legally. 

I know the answer, curious if any others do. 

Spoiler alert; the answer isn't LLC.


Florida homestead laws.


Incorrect, and very odd answer. 

O.J. was CA resident, CA property, CA suit. Again, odd answer. 

OJ moved to Florida to take advantage of the unlimited homestead exemption that was in effect at that time.

Note: you may want to research the actual answer before critiquing others.

Post: Thank God I had an LLC!! - Said no one ever!?

Tom Gimer
Posted
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  • Posts 3,472
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Quote from @James Hamling:

@Marcus Auerbach maybe we should re-ask this question in a reverse manner? 

Can anyone answer why/how it is O.J. Simpson has only paid $133k on a many tens of millions judgement from suit he lost decades ago. Keep in mind, LEGALLY has only paid $133k, retained all asset's, no liens, no seizures. legally. 

I know the answer, curious if any others do. 

Spoiler alert; the answer isn't LLC.


Florida homestead laws.

Post: I've been targeted by a postcard mailer. I won't sell. Thoughts on engaging anyway?

Tom Gimer
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Just can’t resist… the term “going postal” comes to mind.

Post: Attorneys to close sub-to, contract assignments, seller finance deals, etc.

Tom Gimer
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@Erin Abernethy You should review this 2021 opinion from NC bar counsel and consider the role you are asking NC attorneys to play in your transactions...

https://www.ncbar.gov/for-lawyers/ethics/adopted-opinions/20...

With published guidance like this in an attorney state such as NC I can see how someone would change their position on certain types of REI transactions.

Post: Thank God I had an LLC!! - Said no one ever!?

Tom Gimer
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Quote from @James Wise:
Quote from @Tom Gimer:

@James Wise Injury lawyers typically cost $0 to retain... if they like the case they finance it completely and take their fees and advanced expenses out of the recovery. 

The corporate veil goes both ways. Let's say you get drunk and kill some high income-earner and get hit with a $5mm+ judgment. Your family will be plenty happy if your various RE investments are held in separate entities. If they're titled in your personal name... poof, they're gone.


 "Poof, they're gone".....Na bro. The legal system absolutely does not work this way. Nothing happens quickly. Nothing happens without thousands and thousands of dollars worth of back and fourth. Quit fear mongering.

You need to research how judgment liens attach to real estate.

Sure I left out the levy process. Doesn't change the fact that once the judgment is entered/recorded that equity is gone. POOF.

Post: Thank God I had an LLC!! - Said no one ever!?

Tom Gimer
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@James Wise Injury lawyers typically cost $0 to retain... if they like the case they finance it completely and take their fees and advanced expenses out of the recovery. 

The corporate veil goes both ways. Let's say you get drunk and kill some high income-earner and get hit with a $5mm+ judgment. Your family will be plenty happy if your various RE investments are held in separate entities. If they're titled in your personal name... poof, they're gone.

Post: Thank God I had an LLC!! - Said no one ever!?

Tom Gimer
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There are hundreds if not thousands of decisions where the court declined or refused to pierce the corporate veil. That means -- in every one of those cases -- having the entity was worth it. The plaintiff could not get past the entity's assets.

This thread has been fun to read for sure but come on.

Post: Legal lease forms/addendums for DC and MD area

Tom Gimer
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@Paul Gupta BP Pro and Premium members (I believe) get access to landlord forms, drafted by local RE attorneys, for all 50 states plus DC. These are found in the Perks section. Leases, disclosures, required forms, etc. 

If you are a landlord, upgrading pays for itself instantly, IMO. 

Post: Looking for a title company that will work with me on Wraps for VA and FHA Loans

Tom Gimer
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You’re not getting any responses for a reason…

There is published guidance — title companies that close subto on federally-backed mortgages risk being blackballed forever from closing similar loans. 

So you’re searching for someone ignorant of this.

Post: My first investment property (SubTo)

Tom Gimer
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Uneducated seller screwed everybody (including himself/herself)... presumably because all the  moving parts/issues were not adequately addressed in the contract and closing docs. I would think the odds of that happening increase significantly with a wholesaler involved... where the end buyer has no relationship with the seller and both parties likely have little understanding of the deal.