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September 8th, MAREI Meeting Join us for our monthly meeting on Zoom, with special guests Dave Green & Shawn Banks from Accurate Title to learn How to Solve the most common title problems for maximum profit. Zoom.
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September 17th. MAREI North. A New In Person MAREI meeting. Special Guest Andrew Syrios shares how to build a successful buy and hold Business using the BRRRR strategy.
Friday's at 9 am. MAREI Member Master Mind Networking. Join us and find out what other members have (in terms of deals, money, buying ability, knowledge) and what they WANT, so that you can build relationships with them.Virtual on Zoom.
See MAREI.org/Calendar for more events across the Kansas City Metro from the local landlord groups and events hosted by MAREI Members.
MAREI Staff Chapter
Executive Director
Kim Tucker: Kim@MAREI.org - 913-815-0111
Newsletter
Staff: Newsletter@MAREI.org - 913-815-0111
PartnerCast Legal
John Wires: JohnWires@gmail.com Julie Anderson-Clark: Julie@MOKSLaw.com Rick Davis: RDavis@LevyCraig.com
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Mid-America Association of Real Estate Investors is a trade association dedicated to promoting ethical real estate investing and to protect and promote the best interest of our membership through educational and networking opportunities as well as community, legislative and public relations.
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M A R E I
September 3, 2020
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A D V O C A C Y
Letter to Congress from the Coalition on Page 5
The Honorable Mitch McConnell Majority Leader U.S. Senate Washington, DC 20510
The Honorable Chuck Schumer Minority Leader U.S. Senate Washington, DC 20510
Speaker Nancy Pelosi House of Representatives H-232, the Capitol Washington, DC 20515 \
Minority Leader Kevin McCarthy House of Representatives H-222, the Capitol Washington, DC 20515
The eviction moratorium imposed by the Administration, together with Congress’ failure to act on a robust emergency rental assistance plan, places the stability of the entire rental housing sector in danger. Without rental assistance, the real estate industry is being mandated to shoulder an unrecoverable financial burden that could lead to the greatest rental housing crisis of our lifetime. The undersigned national associations that represent for-profit and non-profit owners, developers, managers, housing cooperatives, lenders and housing agencies involved in providing affordable rental and cooperative housing to millions of American families implore you to immediately return to the negotiating table and fund a strong rental assistance program to protect the long-term stability of our nation’s housing markets. The action taken yesterday by the Administration enacting a federal residential eviction moratorium through December 31, 2020, without rental assistance, will ultimately harm the very people it aims to help. It will be impossible for housing providers, particularly small owners, to meet their financial obligations and continue to provide shelter to their residents. Furthermore, it saddles renters with an unmanageable amount of debt due to months of unpaid rent, potentially dating back to March. Federal and state unemployment assistance benefits have helped keep many renters stably housed. Without that supplemental and rental assistance, many will not be able to meet their financial obligations.With the implementation of a new federal eviction moratorium, a dedicated, stable rental assistance program and federal unemployment benefits is even more important than ever to protect the housing stability of millions of residents and property owners. A variety of rental assistance proposals have emerged, and our groups urge policymakers to ensure whichever delivery mechanism(s) is chosen, swiftly distributes funding at the property level, while also protecting struggling renters at all income levels as directed by the Administration’s Order and geographic regions including urban, suburban and rural areas throughout the country. As you continue your work to respond to the COVID-19 pandemic, it is clear that continued direct financial support and emergency rental assistance provide solutions for residents and housing providers alike and are necessary to help those with financial hardships, without undermining the stability of the housing market and the financial health of our communities. We urge Congress to take meaningful action now by providing stable and dedicated rental and unemployment assistance. Only through immediate action can Congress pull the country back from a potentially imminent housing crisis. Sincerely, CCIM Institute Council for Affordable and Rural Housing Institute of Real Estate Management Manufactured Housing Institute Mortgage Bankers Association National Affordable Housing Management Association National Apartment Association National Association of Home Builders National Association of Housing Cooperatives National Association of REALTORS National Leased Housing Association National Multifamily Housing Council
Go to MAREI.org/CDC to send your own message to Congress
WE ALL NEED TO STAND TOGETHER WITH ONE UNIFIED VOICE!
Dear Speaker Pelosi, Leader McConnell, Leader Schumer and Leader McCarthy:
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C L O S I N G
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by Kim Tucker Lets take a look at some of the more important steps for closing a real estate investment transaction learned over the past 20 years. Investor Friendly Title Company
The very first transaction I was ever a part of, we were sitting at the closing table talking to the closer and going over the fees on the Settlement Statement. One fee caught my eye and the closer explained that because we were buying without the benefit of a real estate agent in the transaction, we were much more difficult to deal with. The agent handles much of the organizing and scheduling of the buyer and seller and since we didn't have an agent, we were being charged an extra $250. Title companies or closing agents that work with you as a real estate investor on a regular basis are not going to charge you extra because you don't have a real estate agent. At one closing we were going to "Assign the Contract" to a new buyer. We found that while our investor-friendly title company that we closed with all the time had no problem with Assignments, that the Title Company we were closing with didn't know what an Assignment was or didn't want to do them, so we were told that they were illegal by the person we were working with. At the same time, I had just closed an assignment transaction at a different office with the same company the week before. So before you ever go to contract, it helps to interview title companies and find ones that know what it is that real estate investors do and know how to close their transactions. Or you will hit brick walls on most transactions. Entity Documents
This will be dictated with what entity you might be buying your property in, it could be your own name. It could be a corporation or an LLC and it could be a Self Directed IRA or Solo 401k that you are self-directing. Before you start making offers make sure you have your entity set up if you are not buying it in your own name, have all the documentation needed to prove your entity is legal, and know how to fill out the contracts and sign on behalf of the entity.
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C L O S I N G
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If you are buying in an LLC or example
funding lined up so you can close on
name and contact information, the
you need to sign in a certain way to
the deal and then resell it in a few
buyer's name and contact information,
make sure you don't invalidate the
days or weeks and make a bit more
the title company and closer and all
asset protection of the LLC and you
money out of the deal.
their contact information, the same for
need to have the proper documentation needed to close. In
the seller's title company if they are Finding & Negotiating the Deal
some cases that might just be your
using a company different than yours, the amount of earnest money deposit
Articles of Incorporation and in other
Here over the years we have bought
and who is holding it, all the real estate
cases you might need to have a
in many different types of situations.
agents involved and their contact
certificate of good standing, which cost
information and what they are getting
me close to $300 in the state of Utah to
When we are buying directly from the
paid and finally information on a home
register as a foreign entity and to get a
seller, there are all kinds of problems
warranty.
certificate. And most title companies
that could hinder the seller from
will want you to have a corporate
selling that we have worked hand in
If I am buying the home in a legal entity,
resolution stating that you can, in fact,
hand with the title company to solve.
I want to assemble all the paperwork
sign for the LLC. Line Up Funding
Other times we were buying on the
that my title company will need, note
courthouse steps and had to check in
that if you use the same company over
with our title company to make sure
and over, they will keep this on file for
we had clear title before we closed.
you.
This one pretty much goes without
Having a good relationship has
saying. You need to know how you are
helped immensely.
going to pay for the property before you write the offer or have some idea of
seller so they have contact information Write and Execute the Contract
who might buy it from you if you are going to wholesale the property.
I like to use this summary to give to the for everyone and I provide to the title company so they can reach everyone.
This is fairly simple and straight forward, but do make sure you have
In the electronic world, I would still fill
Here in our office, we have been doing
the right seller names and the right
this out because your seller may not be
this for many years. So while we don't
buyer's names. This is especially
electronically savvy and I the title
have a pre-approval, we have a list of
important when you are buying from
company will hopefully print it out and
about 10 people that we can take a
a bank seller. When you write a
put it in their file so they don't have to
deal to who have said they will fund us.
contract with a bank seller, they often
call you every time they need a phone
This ranges from family to friends, to
will not let you change the buyer's
number. And some companies may
private money and hard money lenders
name if you mess it up or decide to
allow you to submit this same
at the MAREI meetings. However,
switch from your personal name to
information through a website portal,
when we were new, we were pre-
your company or your self directed
so check with your title company agent
approved for a construction loan at the
IRA.
to see the best way to provide this info
local bank and you might also reach
to them.
out to the local hard money lenders.
Contract Summary
When we have a house we are
Back in the time of paper, we had a
wholesaling, some of you might assign
document we filled out that listed out
We will usually email the contract and
the contract and need no money to do
all the details of the transaction:
the summary to the title company and
a deal, in that case, you do need to
Property Address, purchase price,
mail or hand-deliver an earnest money
have a few very active, cash buyers
earnest money deposit, closing costs
check. Your Title Company may have
lined up. And if you are like us, you
paid, rents or security deposits being
an easy way to electronically send
might want to have some short term
transferred on a rental, the seller's
money to them that is free through or
Send it all To the Title Company
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T U C K E R
may want a wire. Do keep in mind that
be addressed on the title so they
if the closing is in less than two weeks
research it now, this week, rather
that they will not be able to accept a
than 3 days before closing. Or if you
personal or business check, in this
anticipate closing early. And if you
case, the earnest money would need to
plan on wholesaling it, they need to
be wired or in the form of certified
know that in advance.
funds. During this waiting period, you will Do ask for a receipt to confirm that they
typically perform your inspections on
did in fact receive the summary and the
the house and renegotiate the
contract via email and the earnest
contract or negotiate repairs. Then if
money in what ever for you sent it.
you are getting a loan that requires an appraisal, that would be done next
And if you are working with a lender,
and then the lender would review all
send a copy of the summary and entire
the paperwork, possibly want to
contract to them as well as they will
review the inspection, and ask you a
usually want to see it.
few more questions in order to get the final clear to close.
Some things to think about as you send this to the title company . . . you might
If you are a wholesaler, during the
want to call and talk to them about it,
waiting period and possibly during
just in case their might be an issue you
your inspection period you would
can't live with and need to get out of
want to seek out and secure your end
the contract during the inspection
buyer. Write and execute your
period.
"Assignment" Contract and collect the assignment fee or write and
Are you going to rehab it and sell it
execute a sale contract and collect
quickly?
their earnest money deposit and
Do you need a notice of intent to
send a summary of this contract, the
sell?
contract, and earnest money to your
Will there be deed restrictions on
title company. If you are unable to
the sale of the home placed by the
secure a buyer, your inspection
seller?
period is the time to back out of the
What if you have to wait for your
contract.
Self Directed Custodian to sign a document?
If you are not wholesaling, the last
What if you are going to wholesale
projects for you would be to secure
it?
insurance on the property, schedule utilities to be turned on and to start
The Waiting Game
lining up contractors if the home will be renovated.
After the contract is sent to the title company, it becomes a waiting period
During this period be sure to stay in
for the title company to get the title
contact with your lender or your end
back. Do let them know if you think
buyer to make sure everything is on
there might be problems that need to
track. And you want to see the title to
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C L O S I N G
P R O C E S S S
review it as soon as possible as often there are minor issues that you would need to coordinate with the seller and the title company to resolve: Finding the divorced or estranged spouse and getting them to sign off, finding other heirs or proving there are no other heirs, getting the probate court or bankruptcy court to approve, getting loan payoffs, and other things that get a lot more complicated very quickly. Just Before Closing
Usually the week before closing you want to review the preliminary title one more time and check with the title company to be sure all problems are resolved, if they are not, you may want to negotiate an extension on the closing with your seller and / or your end buyer. Next check with your lender and end buyer and make sure they are ready to close, if not, again go back and negotiate extensions. If everyone is good to go, make sure the seller is all set up to close. Sometimes that might mean they have an appointment at the title company and other times it might mean that the title company is going to email or mail them documents and then need to go sign where ever they live in front of a local notary. In at least three transactions, our title company had to email documents to the seller, who had to get them printed and take them to a US consulate to be signed an notarized as they were not in the continental US. You want to make sure your lender has all their documentation set up and has their money ready to go and knows how to wire it to the title company. Not a hard proposition if you are using a bank, mortgage company, or hard money company. But if you are working with a
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private individual, you may need to
Where Problems Arise at Closing
work with them to make sure everything is ready and gets done.
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C L O S I N G
P R O C E S S S
When the seller does not own the property.
When heirs can't be found.
When the seller passes away before
When divorced spouses can't be
they close.
If you are wholesaling, you want to
found.
When the seller is in China.
double check your end buyer is ready
When liens can't be paid off.
When the seller is in jail.
go sign and send money.
When lien holders can't be found.
When you forgot to file a notice of
When sellers place deed
intent to sell.
If you are buying yourself you need to
restrictions as banks do on how
When you can't find an end buyer.
make sure you are scheduled to close,
fast a seller can sell and the profit
When the lender backs out.
although, if you are paying cash, you
they can make.
When the seller backs out.
can often wire the money and close via
When rehabbers are selling and
fax or email as nothing you are signing
the buyer's lender takes issue
The above are all issues that I have had
needs to be notarized as the buyer.
with how long the rehabber has
to work through in one transaction or
And if you are paying cash or have a
owned or the profit being made.
another and having a
down payment to send in, schedule
When there are tax liens.
good strong line of communication
your wire a couple of days in advance
When there are unpaid utility bill
with my title company has helped me
so you have time to get all the double
liens.
through many of these issues.
checks against fraud completed.
When there are state or IRS tax
Sometimes in solving them and just
liens.
keeping the transaction together while
When there are a lot of heirs.
I solved them.
Closing
When there are tenants. Ask for a copy of the Settlement
When the home as bought at a
If you buy or sell real estate for any
Statement the day before closing and
foreclosure auction.
length of time you are going to come
review. Errors can be fixed at closing,
When there are HOA liens.
across one or all of these. We are going
but catching them a day or two in
When the home was bought at
to cover some of the bigger issues at
advance makes things much easier.
tax sale.
the MAREI meeting on Tuesday,
Where there are redemption
September 8th with Dave Green and
rights.
Shawn Banks from Accurate Title. Be
After you close, you may or may not get keys if you are buying it. Before you go
sure to reserve your seat and join us.
take possession of the home and BEFORE YOU DO ANY WORK ON IT, double-check with the title company to make sure all parties have signed, all loans are funded and the closing is recorded. We have heard stories of buyers who went to closing and got keys, went to the house and started work, only to find out that the seller never closed. So always double-check. And if you are wholesaling, you would then go pick up your profit from the assignment or resale or you might have it mailed or wired.
MAREI.org/WIZE
A T T O R N E Y
J U L I E
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A N D E R S O N
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E V I C T I O N
L A W S
How this ban will affect local housing providers and their residents
CDC Eviction Ban FROM INFO PROVIDED BY ATTORNEY JULIE ANDERSON
Housing providers across the
from housing providers to keep your
country are alarmed. Headlines are
own small business open, let’s take a
stating that President Trump
look at what this all means. We turned
Canceled Evictions, but that’s not
locally to Attorney Julie Anderson
to be homeless or to have to
quite what has happened.
with Anderson and Associates to get
move into another residence
her Input.
shared by people who live in
Because Congress can’t come up
1. He/she is not able to pay rent due to a COVID-19 reason; 2. An eviction would cause him/her
close quarters;
with a “CARES Act II” and because
1st: The Moratorium Only applies to
President Trump and many citizens
Cases of Non-Payment of Rent
wanted something done to help
3. He/she made an effort to obtain other Governmental assistance to pay rent; and
renters affected by COVID that can’t
The moratorium only applies to those
4. He/she is paying as much rent as
pay rent, they turned to an obscure
cases for non-payment of rent due to
law that gives the CDC and Health
a substantial loss of income caused
and Human Services broad powers
by a COVID-19 reason. Evictions for
sign an Affidavit and certify they
and with those broad powers, they
reasons other than non-payment are
have pursued all avenues to get
issued a new Federal Eviction
not affected.
paid.
he/she can afford. 5. All parties in the house need to
Moratorium that President Trump signed that goes into effect
2nd: Tenant Must Sign an Affidavit
3rd: Does Not Relieve Tenants of the Obligation to Pay Rent
September 4th. A tenant wishing to invoke the Order Before you panic as a housing
must sign an affidavit/declaration
The moratorium is only for
provider or someone who works
stating that:
possession of the property. It does
closely and depends on the business
A T T O R N E Y
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A N D E R S O N
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E V I C T I O N
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not relieve tenants of the obligation to pay the rent, utilities, late fees or other penalties. So if they invoke their rights and give you affidavits, you can’t set them out, but the rent will still be owed. 4th: Eviction Lawsuits Can Still be Filed
Landlords may continue to file eviction lawsuits for non-payment of rent but if a tenant invokes the Order, the eviction judgment and writ of restitution may not be entered until after December 31, 2020.
The September 4th CDC Nationwide Eviction Moratorium is an absolute over-reach and in direct contrast to the state-bystate and county-by-county approach of the Trump
Evictions for other reasons other
Administration and at direct odds to the
than non-payment of rent such as
successful prevention techniques being utilized throughout
lease violations are not impacted by this regulation.
the country.
5th: Penalties for Violating the
Additionally, for the federal government to weigh-in with
Order
such a heavy hand on state-level issues, and is essentially
The Order outlines criminal penalties and fines for landlords who violate the Order.Many Courts are interpreting the Order to require
interfere with contract agreements between individuals is seemingly unconstitutional on its face. Please Reach out to Your Legislators
the landlord to inform the tenant of his/her rights under the Order prior
Please let your Federal House and Senate Representatives,
to the entry of a judgment for
the President, Vice President, and the Secretary of Health
possession.Out of an abundance of caution and to prevent further Court delays, we are recommending you serve a COVID-19 TENANT(S)
and Human Services know that this action will have devastatingly far-reaching financial impacts on this country and that there are better alternatives.
DECLARATION form on your tenant(s) with your eviction notices. Julie Anderson presented this update and answered questions on Zoom, you can watch this meeting at www.MAREI.org/Notice
You will find more information to so you can educate yourself on this matter and then links to send a message to your legislators via the VoterVoice tool by going to www.MAREI.org/CDC
1 3
M A R E I
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T E A M
Build Your Team with MAREI's Business Directory M A R E I . O R G / B U S I N E S S - D I R E C T O R Y
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Auction.com
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816-797-6875
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1 5
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