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: Wayne Brooks

Wayne Brooks has started 15 posts and replied 22514 times.

Post: Title issue, need some advise

Wayne Brooks#1 Foreclosures ContributorPosted
  • Real Estate Professional
  • West Palm Beach, FL
  • Posts 23,418
  • Votes 13,509

@Shane Allman 
Did the Original mortgage document encumber all 4 lots, or only the 2 that were foreclosed on?

I assume only the 2 lots were included in the purchase contract and mls listing legal description?

Post: Adverse Possession Claim: Transferring Interests With A Quitclaim Deed.

Wayne Brooks#1 Foreclosures ContributorPosted
  • Real Estate Professional
  • West Palm Beach, FL
  • Posts 23,418
  • Votes 13,509

@Christine Garnier As a start…you can google up your state laws on adverse possession. Typically, you need to pay the taxes, among open use/occupancy and other requirements, for a certain number of years After you have filed the adverse possession documents.

Post: Adverse Possession Claim: Transferring Interests With A Quitclaim Deed.

Wayne Brooks#1 Foreclosures ContributorPosted
  • Real Estate Professional
  • West Palm Beach, FL
  • Posts 23,418
  • Votes 13,509

@Christine Garnier As a start…you can google up your state laws on adverse possession. Typically, you need to pay the taxes, among open use/occupancy and other requirements, for a certain number of years Afyer you have filed the adverse possession documents.

Post: Avoiding Capital Gains Tax on Residence Sale

Wayne Brooks#1 Foreclosures ContributorPosted
  • Real Estate Professional
  • West Palm Beach, FL
  • Posts 23,418
  • Votes 13,509

@Jennifer H.
1) no

2) buying another residence, or any other property, has No effect. You can’t do a 1031 with a primary residence. This assumes this was his primary the whole time.

3) yes

Post: Can I go FHA?

Wayne Brooks#1 Foreclosures ContributorPosted
  • Real Estate Professional
  • West Palm Beach, FL
  • Posts 23,418
  • Votes 13,509

@Cynthia Carrier Yes you can go fha. But, you’ll have the second “100 mile rule”…where you won’t be able to use the rental income to qualify. Just sit down with an experienced lender.

Post: Subto Blows Up

Wayne Brooks#1 Foreclosures ContributorPosted
  • Real Estate Professional
  • West Palm Beach, FL
  • Posts 23,418
  • Votes 13,509

@Account Closed Just for giggles, does contract state that the property will be delivered with clear title, except for the mortgage being taken sub to and the seller carry back?

Post: Re: Help with fees in closing

Wayne Brooks#1 Foreclosures ContributorPosted
  • Real Estate Professional
  • West Palm Beach, FL
  • Posts 23,418
  • Votes 13,509

@Bikramjit S Grewal
1 no idea

2 Documentary Stamps, 0.7% rate of purchase price, normally paid by seller

3 Mtg recording fee 0.35% of mtg amount, pay by borrower

Post: Private Money: silent 2nd mortgage on deed

Wayne Brooks#1 Foreclosures ContributorPosted
  • Real Estate Professional
  • West Palm Beach, FL
  • Posts 23,418
  • Votes 13,509

@Carlos Handler Highly unlikely. And if you find one, it sounds like you’re committing mtg fraud with the first lender, since I assume the reason you want the second to be silent is because you are bidding this from the first lender. Also, the first lender needs to see Where the down payment is coming from.

Post: Tax implications for using personal home equity for a flip

Wayne Brooks#1 Foreclosures ContributorPosted
  • Real Estate Professional
  • West Palm Beach, FL
  • Posts 23,418
  • Votes 13,509

@Christopher Leavitt You didn’t do a flip….you simply lent money and got paid back. I don’t think minimum irs imputed interest would apply, but I’d check into it.

Post: Hubzu details, anyone?

Wayne Brooks#1 Foreclosures ContributorPosted
  • Real Estate Professional
  • West Palm Beach, FL
  • Posts 23,418
  • Votes 13,509

@Dave Sofio HUBZU, just like every other REO auctions site, takes their instructions from the bank owning the property.