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2012年7月25日 星期三

I Need to Estate Plan My Gmail Account


I'm going to date myself, but I still vividly remember signing up for my first "electronic" mail account in the early 90's when I was a freshman in college. I guess it was memorable because it required traveling down into a dark basement underneath one of the buildings. I picked a really strange address name at the time instead of my name, but I have learned to keep my email identity simple since. Email has been joined by a myriad of other internet services. Everyday someone can upload videos onto the net, pay bills online, connect with others via social media websites like Facebook and LinkedIn or just provide your thoughts for the world to see via a blog. Fast forward almost 20 years; the internet has become fully integrated in our lives.

Integration has given birth to a person's "virtual life." With a virtual life comes the need for virtual planning just like a real life needs an estate plan; be it a voluntary one or intestate. Many fail to see how their email account would even be part of their estate. But not taking the appropriate steps in your life - be it virtual or not - can create issues down the road. For example, a few years ago, Justin Ellsworth, a U.S. Marine, was killed in Iraq and his family requested access to his Yahoo email account to retrieve pictures, emails, etc. residing in Justin's account. Yahoo, citing its privacy policy, did not relinquish access to Ellsworth's family. Eventually, Ellsworth's parents successfully sued forcing Yahoo to turn Justin's emails over though only in hard copy format. While this had a positive ending, it cost the Ellsworth's untold hardship along with a great deal of money in legal fees to gain access to something that normally is only clicks away on a keyboard.

To appropriately plan your virtual life, it is important to understand internet providers' privacy policies. Here is a quick rundown of the major providers:



Google: Google mail requires a copy of a death certificate, copy of a power of attorney or birth certificate and a copy of an email sent from the account you are trying to close. A Google account will stay open forever barring a request to delete it.
Yahoo: Has not changed their policy since the Ellsworth case and there is no right of survivorship and non-transferability. Upon receipt of a death certificate, Yahoo will terminate the account and delete all of the contents. Yahoo accounts only have a ninety (90) day window before deleting an account based on inactivity.
Hotmail: Falls in between Yahoo and Google. They will grant access to the account after being provided similar information as Google but will eventually delete the account after a year of inactivity.
MySpace: Will not grant access to anyone to edit or delete any of the content or change the settings but you can request an account to be removed if deemed appropriate.
Facebook: The account is turned "off" and made into a memorial for the person upon request. Facebook grants no ability to edit, limits access to the site but will remove the "person" based on request from next of kin after being provided similar information as Google.
Twitter: Has what appears to be no official policy but states they cannot disclose account information or passwords to anyone, even post-death. Twitter will remove an account after given notice with a death certificate and may remove an account based on 6 months of inactivity.

A simple glance reveals that each provider has a slightly different privacy policy with respect to their willingness to open up a user's account to a non-user. This can mean a number of hurdles someone will need to jump through to access the account because, if you are like me, you have a couple of virtual accounts with several providers, meaning there is no uniform approach.

Well, there has to be a solution. You could simply have a slip of paper listing all your information and store it in your house somewhere readily available. Though, the lack of security sounds like the start of a bad movie.

One practical solution is to keep a list of passwords and similar information on a flash drive or stored on your computer somewhere but name the file something unique - i.e., not "passwords" - and informing a person you trust about the file. Or you could put the flash drive in a safety deposit box making sure someone knows where it is. However, many providers require periodic updating of your password, which means a trip to the bank every time you update a password. Another possibility is to create a power of attorney. That might grant access to some email accounts but would not be a complete solution to trump every provider's policy.

Where there is a demand for services, new companies will appear to meet those demands including several commercial providers to address this very issue. One commercial service, Legacy Locker, acts like a safe deposit box for your log-ins, account information, etc. Legacy Locker also provides personalized instructions to survivors as to how you want your online identity handled. As this market develops, I would guess more commercial services will open. As I have never used any of these services, I cannot vouch for them personally, but they are options to consider.

With estate planning, most people think about creating a will or trust or protecting their home and do not think about their virtual life. As our lives have become intertwined with technology, the need to plan an "electronic" estate has grown such that ignoring your virtual life can trigger estate issues down the road.




Christopher Guest invites you to learn about atypical estate planning or would like more information on wills and trusts, please click on his newsletter http://www.guestlawllc.com/newsletter.html. If you would like to contact Mr. Guest or interested in more information about him please click http://www.guestlawllc.com.





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2012年7月3日 星期二

Making Money With Pending Tax Deed Sales in Real Estate Investing


Tax certificates are pre-tax deed sales. Every year municipalities sell these financial instruments to have cash flow to run the local government. Delinquent property taxpayers can later pay off the tax liens, wait to pay them if they sell their home or do nothing and eventually have a tax deed sold and lose their property.

Tax certificates are bid on an interest rate basis with the first bid being the highest interest rate starting first. For example, assume the maximum allowable rate for a tax certificate is 18%. The first bid would be for 18% and the next, and higher offer, would be 17%, then 16% and so on. The lowest interest rate bid is more favorable to the property owner who eventually has to pay the taxes due plus the interest rate that was finally accepted as the "high" bid.

I reviewed a series of final auction rates recently and noticed that the average closed sale rate was 9.75%, not bad when Certificate of Deposit rates are 2%. Tax certificates should not be judged as to safety against CDs as they can be risky and the perspective purchaser should read the disclosures and risks that the municipalities provide in written format. After a certain number of years of tax certificates being issued, a buyer of the next tax certificate can request a tax deed be issued. The tax deed and the open tax certificates are put up for auction as one item and the public gets to bid a dollar amount, instead of an interest rate, for the payoff and ownership of the property. This is the last chance the property owner has to save his property by paying all the past due certificates.

The only reason investors would buy tax deeds is because the property has equity in it, even if it has to be repaired or the structure demolished to create this equity. The original property owner has lost this equity as a result of the sale but he doesn't have to. This is where very savvy investors have made tons of money by contacting the property owners and purchasing the property before the tax deed sales.

The enormous benefit that an investor gets is that he is not in competition with other investors in an open bidding format. He can analyze the property, which he has to do anyway to bid on the tax deed, but he can make an offer to the property owner directly and give the owner some money, small as it might be, it is better than nothing at the tax deed sale. Combine this aspect of a motivated seller with an investor using creative financing techniques to buy the property and you have a perfect storm of getting distressed properties before they are lost to a tax deed sale. Since very few investors realize the power of this prospecting technique, the field is wide open, and combined with using subject to, owner financing, options and land trust transfers, the investor can turn these purchases into virtually little or no money deals instead of coming up with the full amount of the tax certificates owed.

In summary, this pre-sale purchase of the property by an investor is a win-win situation for all the parties involved - the property owner get some equity out, the investor makes money, the municipality gets their property transfer taxes paid (they already got the property taxes at the original certificate sale) and, presumably, the end-buyer gets a good deal on his purchase.




Dave Dinkel has over 35 years experience in real estate investing which has given him a unique perspective into the real estate market. Dave is the author of the best-selling e-courses http://www.fsbopowersellingsystem.com/ and many other e-courses for investors and homeowners. Dave's focus in the past few years is educating the public in a manner that doesn't amount to paying for a master's degree. His recent contribution to this end is the e-course "48 Ways to Create a Massive Buyers List" which can be seen at http://www.MakingaBuyersList.com.





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2012年6月23日 星期六

How to Buy Real Estate and Never Need Any Money


I was listening to an investor talk about how he had bought over 100 properties and was able to secure 20 different bank loans. He went into elaborate details of the loan applications, cross collateralization, personal guarantees, consolidating LLCs and various gyrations the lenders made him do to get the money. He did a lot of work for not a lot of money.

Another investor who had bought and sold twice as many properties balked and explained how he never borrowed any money - what was the difference between these two investors? The second investor actually couldn't borrow any money so he had to get creative. When the declines of 2007 - 2008 happened, the first investor got wiped out and went into multiple foreclosures and ultimately bankruptcy.

The second investor who had borrowed other people's money went through the same market conditions, but didn't lose any money or any points from his credit score because it wasn't his money. Hindsight has 20/20 vision and as the second investor bragged about his experience, he failed to mention that he had already been through two bankruptcies and was dead broke when he started his real estate investing career.

Personally, we sold every investment property we had in December of 2006 simply because of the heated conditions of the market and the mortgage resets that were coming. This move was the culmination of about 15 years of buying real state with creative financing techniques and using other people's money (OPM).

Depending on the sales ability of an investor, he may be able to talk potential investors into lending him money to buy and sell properties even if he hasn't actually done any deals. Generally, investors are easier to work with if the investor has a track record of any kind. If you are telling people about your history in real estate investing, tell them the truth rather than lie about your experience. This may lose you some funding but it is better than to raise the investor's expectation to an unreasonable level.

Your competition for the investor's "safe money" is saving accounts and certificates of deposit. Interest rates on these bank instruments are at 25 year historic lows so your cost of money needs only to be in the 6% to 8% range. I always offer 6% interest paid monthly or 8% paid when the property is sold.

As examples, on a borrowed $100,000 at 6% payable monthly, the interest only payment would be $500. On the same borrowed $100,000 held for six months, the payoff interest amount would be $4,000. Paying the interest at the closing helps the investor's cash flow during the rehab and selling period. Usually the more informed individuals will choose the 8%, while the less trusting lenders want to see a check-a-month to feel secure.

In summary, becoming long term successful as a real estate investor, with minimal personal risk, will require using other people's money to do the purchases of your target properties. Most people will turn you down initially, but stay in touch and tell them of your progress, most often greed will bring them back to you. In the worst of circumstances a few private lenders may want more interest on their money or a part of the profit from the property. Stick to your guns about what your offer is but make sure you ultimately get private lenders' money to finance your deals. Be careful of advertising in newspapers because you could be construed by the regulatory people as making an unregistered public offering.




Dave Dinkel has over 35 years experience in real estate investing which has given him a unique perspective into the real estate market. Pick-up a FREE copy of the highly acclaimed e-book about How to Makes Tons of Money in REOs http://www.crushingthereomarket.com/

If you would like to have a huge buyers list to sell your properties to take a look at - Creating a Massive Buyers List in Days not Months http://www.makingabuyerslist.com/





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2012年1月24日 星期二

Estoppel Certificates in Commercial Real Estate


If you own investment commercial real estate you may already be familiar with estoppel certificates. Why do most banks and lenders require them before they finance your investment property?

An estoppel certificate is a certification from a landlord and a tenant which outlines certain facts that exist between the two parties with respect to the terms and conditions of the lease that the lender can rely upon. Lenders are looking to verify from both parties specific information such as the amount of rent being paid, lease terms and duration, any predetermined lease extensions, amount of security deposits and terms of such deposits, expenses that each party is responsible for, and that there are no existing defaults or oral representations under the lease by either party. The estoppel certificate offers protection for the lender and brings all parties together to verify all aspects of the current lease arrangement.

The lenders primary concern is the repayment of their loan. Because the repayment source for a loan secured by commercial real estate is typically from the rents it receives, an estoppel is generally required from all tenants regardless of whether they are paying month-to-month or have a lease for an extended term. The estoppel verifies the lease terms but also offers protection and keeps the borrower honest.

Most lenders will have their own estoppel certificates that they will require the borrower and their tenants to complete. While it will not change the existing lease terms, it usually will include specific language that may create new terms between the tenant(s) and the lender under certain circumstances such as a foreclosure. The lender may have different clauses in the estoppel depending on the property type and current lease agreement.

Most estoppel certificates will include subordination language, non-disturbance language, and attornment language. Subordination language assures the lender that their mortgage has priority over a lease. This is very important especially if the borrower is occupying space in the subject property. When the borrower(s) will occupy some of the space in their building, many lenders will require the borrower(s) to draft and execute a lease between themselves and their business occupying the space. This will allow the lender to be able to enforce the lease if they need to take back the building. Non-disturbance language assures the tenant that the lender or subsequent owner through foreclosure will not disturb the tenant's possession as long as the tenant is performing in accordance with their lease. Attornment language is included to ensure that the tenant will recognize the lender as the new landlord if the borrower(s) default on their loan. This protects the lender so that in the case of a foreclosure, the tenants do not vacate the premise and leave the lender with a vacant property.

As a borrower, familiarize yourself with an estoppel certificate so that you clearly understand what it is and which clauses are included in your estoppel. Your understanding of this will also help you when you need to explain to your tenants why they have to sign the estoppel certificate and how it protects them




Posted by Chad Pitt
Sr. Vice President
Commercial Alternative
Phone (714) 594-3426
Fax (866) 724-8171
cpitt@commalt.com
http://www.commalt.com
http://www.commaltblog.com





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