MAREI September Newsletter

2 0 2 0 S E P T E M B E R

MAREI

MID-AMERICA ASSOCIATION OF REAL ESTATE INVESTORS

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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.

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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.

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See MAREI.org/Calendar for more events across the Kansas City Metro from the local landlord groups and events hosted

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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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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

P R O C E S S S

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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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

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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

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