Real Estate
You Missed the Buyer’s Market in Phoenix
Saturday, July 18th, 2009 | Investment, Real Estate, Statistics | No Comments
Here is a three minute video showing what is happening in the volatile real estate market in the Phoenix area.
This is the fastest change that I have ever seen. Good up to date stastics to verify my assumption.
Click here to see a video of “You missed the market in Phoenix”
Why Use Trusts?
Friday, January 9th, 2009 | Investment, Money, Real Estate, The Economy | No Comments
Estate Planning – Bypassing Probate
1. Assets held in trust are not part of an individual’s estate; therefore, those assets would not be included in probate because they are already held in trust for the benefit of another individual. If a beneficiary dies, the beneficial interest in a trust may be part of their estate; however, this would not affect the asset or the trust, unless dictated by the Declaration of Trust and Trust Agreement.
2. The best example if this is Anna Nicole Smith. This was the 20-Something model that married the 90-Something Texas oil billionaire. The billionaire left Smith several million dollars and his children contested his Will. Although the Will was modified several years prior to his death, the children contested on the grounds that the billionaire was not competent to make the change. The children said the Will was not valid and a judge agreed and entered a different judgment.
a. The Billionaire’s wishes were not honored
b. He was found incompetent after his death
c. The children were granted the majority of the estate
There are several version of what “really” happened … either way, if these assets had been placed in Trust for Smith, they would not have been part of the Billionaire’s estate and very difficult to contest. The title to any such assets would be held in trust and a Trustee would have ultimately made the decision as to the disposition of them; in accordance with the Billionaire’s wishes.
3. Probate is the publicizing of an individual’s Last Will and Testament. A Probate judge makes the Will a matter of public record in order to determine if there are any outstanding debts which should be settled prior to the disposition of the assets. In other words the Court says this; “Hey, this guy has assets. Is there anyone who has reason why this Will should not be recorded? Does this person owe you any money? Is there anyone who’d like to screw this guy?” If no one comes forward, the judge allows the heirs to have the proceeds of the Will.
4. Since assets held in trust are not part of anyone’s estate, these assets bypass probate and continue to be held in trust for the benefit of another person. The trust can hold these assets for up to 20 years, as directed by the Grantor or creator of the trust. After 20 years, a new trust would have to be created or the assets liquidated.
Privacy – Avoiding Becoming a Target
1. Since trusts are private documents created by individuals they may be kept from public view. In fact, most trust documents forbid anyone from disclosing the documents to a third party or anyone who is not a party to the trust; Trustee, Director, Beneficiary, Etc. Disclosing the documents would be a breach of contract and any disclosing party would be liable for damages.
2. The assets of a trust are likewise, private and may not be disclosed to anyone outside the trust. The members of the trust are the only individuals who know what assets the trust holds. Land, vehicles, ATVs and other items which have a “Title” can become part of the public record; however, only the “Owner” or “Title Holder” may be made public. If a Trust holds title to an asset, the name of the Trust is public, but the Declaration of Trust, the Trust Agreement, any Beneficiaries and other information about the Trust remains part of the private agreement.
3. If an individual is sued and they don’t “own” anything, it will be difficult for liability to attach to an asset. Trusts are not “Owned” by anyone. Trusts have Trustees who handle the legal affairs of the trust and its assets (Trusts can’t be liable for the actions of a Trustee). Trusts have Directors who tell the Trustee what actions to take with regard to Trust assets (Trusts are not liable for the actions of the Directors). Trusts have Beneficiaries who may have the right to receive proceeds, avails, dividends and other funds produced by the assets; however, Beneficiaries to NOT have any ownership in the asset of the Trust (Therefore, Trusts may not be held liable for the actions of a Beneficiary).
4. As beneficiary, an individual may “control” an asset without the liability of ownership. The fact that an individual is a beneficiary is private and their interest in the trust is private. An individual may control hundreds or properties without appearing on title.
Asset Protection – Avoiding Liability
1. Private Jet Crash with Signer
a. To be completed
2. Victoria A. – Lost properties due to fire at property
a. To be completed
3. John R. – Charlotte, NC
a. Imagine you leave for the weekend and a well-deserved vacation. When you return, through no fault of your own, you are embroiled in what you think is a baseless lawsuit? You have insurance, right? Of course you do. The problem is your insurance doesn’t cover All Terrain Vehicles and that is what your neighbor borrowed while you were out of town.
John R. is a Realtor and investor from Charlotte, NC. Last year John became the victim of our litigious society and is realizing the difficulties faced by someone with large assets. John carries a large “Umbrella Insurance Policy” in hopes that no judgment will exceed $5 Million. He’s covered at home, work, the car and everywhere he travels. His home is covered. His rental properties are covered; however, his 4WD ATV is expressly NOT covered by his liability policy and that is what his neighbor was riding when he struck a tree and was paralyzed from the waist down.
John left for Myrtle Beach, SC on Friday May 26, 2006. The neighbor, and friend, agreed to watch the house and feed the dogs. John agreed to let the neighbor and his son borrow his ATV. The neighbor had used the ATV on several other occasions and was an experienced rider; however, at some point on Saturday the neighbor was riding with his son and struck a tree. The neighbor’s son was knocked unconscious and the neighbor broke his spinal cord and became paralyzed from the waist down.
When the family returned from the beach, they were informed on the accident (which didn’t even occur on John’s property) and John visited his friend in the hospital. Within a few weeks an attorney filed suit against John for negligence in the maintenance of his ATV. The suit stated that the neighbor was an experienced rider and would not have struck the tree if the ATV was properly maintained (the ATV was a Christmas present 5 months prior).
John’s insurance company immediately informed him of the clause which specifically excluded motorcycles, scooters, 4-wheelers and ATVs or any kind.
It has taken almost 18 months to reach a conclusion and John has liens against the equity in all his investment property, stocks and other assets, which are owned by him and his wife. The neighbor has begun proceedings to seize the property in order to satisfy the judgments. Not only has John lost the equity of his real estate, he has spent more than $125,000 defending the case.
The bright spot is that John’s personal residence is held in a Land Trust for his children. The family’s home is owned free and clear with no mortgages or liabilities and is the family’s most valuable single asset. The liability of the judgment has not attached to the home. Since the home is held in trust for the benefit is their children, it is no longer titled to John and his wife and may not be seized to satisfy any judgments.
John and I spoke at several REIA meetings over the past few years about the need for him to place the rest of his property in trust. This could have significantly impacted the neighbor’s ability to receive any satisfaction to the judgment, while John could have maintained control and tax benefit from the mortgages on the properties.
Greg@WeBuyHouses.ME
We Buy Houses Internet Trust
Asset Investment Trust
112 S. Main St
Clover, SC 29710
877-567-2513 (Ext 101)
Some Buy a New Home to Bail on the Old
Thursday, June 12th, 2008 | Money, Real Estate, The Economy | No Comments
Phil send me this aarticle with the note that this has got to stop and I agree whole heartedly. The price of homes changes with the market. This is very short sighted!
Fannie Plans Rules To Avoid Practice Described as Fraud
By NICK TIMIRAOS
June 11, 2008; Page A3
Next month, Michelle Augustine plans to walk away from her four-bedroom house in a Sacramento, Calif., subdivision and let the property fall into foreclosure. But before doing so, she hopes to lock in the purchase of another home nearby.
Home from Work Program
Monday, June 2nd, 2008 | Money, Real Estate | No Comments
I attended a real estate class a few weeks ago. I was so impressed with this new program that I am flying to Texas later this month to become an instructor. Let me preface this by saying that the majority of people I speak with have significant misinformation on current down payment requirements, available programs, how to avoid foreclosure, and even the important benefits of home ownership.
The class was an introduction to an exciting program called “Home from Work.” HUD (U.S. Department of Housing and Urban Development) originally developed the program and the NAR (National Association of Realtors) has partnered with HUD to get the information to employers. It is an outreach program to bring current accurate information into the work place. Three huge issues are addressed.
* First time homebuyers – programs, advantages, the process, credit, qualifying, etc.
* Foreclosure and financial services designed to help with hardship situations.
* Employer involvement to the extent an employer will see benefit and assist their employees.
The program can be brought directly to the employees in the form of a workshop with one-on-one counseling to follow up.
It looks to be a great program that brings together non-profit organizations, Realtors®, employers and employees. A real win – win – win – win situation.
Banks miss an easy housing fix
Monday, June 2nd, 2008 | Money, Real Estate | No Comments
Lenders say they want to help troubled homeowners, but they are delaying deals that could save everyone – including the lenders themselves – a lot of time and money.
By Les Christie, CNNMoney.com staff writer
Last Updated: May 28, 2008: 11:16 AM EDT
Lenders foot the bill for abandoned homes
Housing rescue on the rise; so are foreclosures
Banks miss an easy housing fix
Home sales rise – still near 17-year low
NEW YORK (CNNMoney.com) — Banks say they want to help troubled homeowners, but they are delaying deals that could save everyone – including the lenders themselves – a lot of time and money.
http://money.cnn.com/2008/05/28/real_estate/short_sales_long_waits/index.htm?postversion=2008052811
Homes are biggest bargain since 2004
Wednesday, May 28th, 2008 | Investment, Money, Real Estate | No Comments
Falling prices opened up home buying for many more Americans.
By Les Christie, CNNMoney.com staff writer
NEW YORK (CNNMoney.com) — With prices crashing around the nation, home price affordability has improved dramatically in many U.S. cities.
As a result, 53.8% of all new and existing homes sold nationwide during the first three months of 2008 were affordable to families earning the median household income of $61,500, according to the latest Housing Opportunity Index released Tuesday by Wells Fargo and the National Association of Home Builders (NAHB).More .
Here is a great place for great financial information
Friday, May 16th, 2008 | Investment, Money, Real Estate, Safety, Statistics, The Economy | No Comments
If you have read some of my earlier posts you probably asked yourself where do I get some of the data I use. As an example, the statistics in the article “Why haven’t your mutual funds made you rich.” I found on the net. I gave Crestmont their credit and even linked their web site on this post.
I was back there again today and was amazed at some of the great stuff these folks have compiled. Using their information and by adding in costs and inflation, I came up with the realization that the money I put in mutual funds in 1997 has generated NO wealth for me in more than ten years!
I admit that some of the information at their site is a little deep. But they have some great graphs that help a lot. One place I looked today was the volatility of the market and another great chart was “Interest rates and inflation.” Now that was an eye opener!
Most of us think we are so busy that we don’t have time to do any research. We don’t pay any real attention to our IRA or 401k. We think that the professionals are doing a better job than we can. We just glance at the numbers when we get in our quarterly report. Most of us don’t know where to start even if we were interested. That is one of the reasons I have this blog. If I find something I want to share it.
While you are watching “Dancing with the stars,” go to Crestmont – http://www.crestmontresearch.com/ and have a look around during the commercials. As an older person I want to make sure I put my money where it is safe and work HARD for ME!
Cheryl moved her retirement funds into cash last November. She is just getting back into mutual funds and missed a 25% drop in the value of her nest egg. The real estate market has some exciting places where I can meet and exceed my financial needs. I feel this is the most exciting time to invest in the last 30 years. “Buy low sell high!”
Home-price data has its flaws
Thursday, May 8th, 2008 | Money, Real Estate, Statistics, The Economy | No Comments
Phil found another gem of an article on the news you hear and see every day!
Top officials with the National Association of Realtors and Standard & Poor’s, which issues the S&P/Case-Shiller Home Price Index, agreed this week their monthly reports are giving imprecise readings of price changes at all levels — national, state and regional — due to rare market conditions that are skewing survey results.
Why the worst may be over
Wednesday, April 30th, 2008 | Money, Real Estate, The Economy | No Comments
The credit crunch may be behind us and earnings have been better than expected. That could lead to happier times if the Fed starts focusing on inflation.
Oil hit another record high but has since pulled back. The dollar has finally started to show some signs of life. And for the most part, corporate earnings were – as Larry David would say – pretty pretty good.
Sunny side of the street
Tuesday, April 22nd, 2008 | Investment, Money, Real Estate, The Economy | 1 Comment
Seventy-seven percent of the wealthiest people surveyed think real estate presents a “real opportunity” right now. In the survey, “wealthy” meant having discretionary household income of more than $500,000 a year.
And these high-income earners are putting their money where their mouths are:
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