I get it. Who the heck has ever used the word “quitclaim” in conversation? It’s an unfamiliar word. So it’s not surprising, then, that many people mishear the term and instead think that they’re hearing “quick claim.” There’s a pervasive notion in the world of real estate that using such a device will somehow be […]
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Housing Discrimination: The story of Mrs. Grybosky
Discrimination is a bad, bad thing — especially in housing. But what if I told you there was a quasi-police force out there who pays shills and plants to apply for your rental apartment, record your every word, and hunt for signs of housing discrimination? What’s worse, when they find something, they sue you, recover […]
Continue ReadingWhat’s the difference between commercial and residential mortgages?
Protecting Your Property: LLC or Not for Commercial and Residential Mortgages? LLC or not? There’s a parade of gurus and booksellers urging us constantly to form trusts, LLCs, offshore partnerships and pay them for their kits to do it. All of these have their place, but the easiest way to achieve our protection goals is to […]
Continue ReadingMortgage Financing Rundown
We detailed the traditional types of financing available to residential property investors in an earlier post. To recap, when you’re about to sign a purchase agreement, it’s important to consider whether you want the property to be titled in the LLC’s name or your own personal name. Generally, it boils down to this: 90% of […]
Continue ReadingOhio Department of Commerce releases Spring ’14 disciplinary report
The Department of Commerce, whose job it is to regulate licensure of real estate brokers, recently released the first-quarter 2014 disciplinary actions. We’re beginning to see the consequences of the new crack-down attitude of the ODC against unlicensed real estate wholesaling, which I have discussed earlier in this article. This is some really bad news for wholesalers. Chad […]
Continue ReadingWholesaling: A Brief Legal Analysis
In my opinion, those involved in wholesaling real estate are facing a losing battle when it comes to state real estate commissions Don’t misunderstand my motivations here–I don’t like licensing statutes (not even, as it were, state bar examinations and licenses). The ethics that these licenses are supposed to bring to their respective professions seem […]
Continue ReadingMore fines for unlicensed activity in Ohio
JOHN FROLA, JR. AND MUNICIPAL SOLUTIONS, LLC, Uniontown, Ohio, was found by the Commission to have violated Revised Code 4735.02, unlicensed activity, and was assessed a civil penalty in the amount of $20,000.00. The Commission found that John Frola, Jr. and Municipal Solutions, LLC sold, exchanged, purchased, rented, or leased or negotiated the sale, exchange, […]
Continue ReadingFor buyers: How to cancel a real estate purchase agreement
Real Estate Purchase Agreements: Tips for Buyers For many first-time real estate investors, purchasing their first property will be the first or second time they’ll make a large transaction. The number of risks involved in real estate investing can fill our hearts with doubt. For the doubters, you’re in luck. Standard real estate purchase contracts […]
Continue ReadingThe charging order: a debtor-friendly LLC law
LLC gurus have often pushed novice investors to organize their LLCs in Nevada or Wyoming or some other faraway state. The charging order is usually the reason why WY or NV are considered “investor friendly.” Let’s consider a brief scenario. You own an LLC that holds several rental properties worth over a million dollars. It’s […]
Continue ReadingOhio and the charging order
Ohio law now limits a creditor’s remedy to the charging order when trying to get money out of an LLC. For a more extensive discussion on what a charging order is, see my earlier article here. The Ohio Legislature finally got around to limiting creditors’ remedies when trying to gain assets to a debtor’s cash […]
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