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      "title": "Dealing With Title Companies",
      "body": "The title company represents a neutral party in a real estate transaction, but they can make your experience a breeze or a nightmare, depending on how well you can interface with them.  The title company plays the role of researching any liens or debts that could cause a \"cloud on title\", affecting the property's chain of title.  Your going to want to make sure as buyer or seller that all documentation concerning the property is in order, to prevent any claims coming up that would affect your future interest in a property that you just invested a large sum of money into, and may be the biggest purchase of your life.  It would be a horrible situation to go thru the whole process of purchasing a property, then getting a phone call or email that the property lines are in dispute, or someone else was owed money on the property prior to your purchase.  Title companies also provide insurance policies against negligent and/or malicious activities like fraud or honest disputes over ownership.  Title companies and escrow companies have separate functions in California, but in most states they operate under one roof, sometimes with a closing attorney.  \n\nI've had to hunt down a succession of title companies that had went out of business and sold their files to another larger company, then sue said title company in small claims court.  They didn't put up a fight with them being a neutral party to the transaction and me being able to provide all my documentation, but understand it was part of the process.  Actually, the title officer was very helpful after seeing my documentation, and walked me through the process of recovering my funds, which would involve having to obtain a court order to release the funds, which would then require me to bring legal action against the title company.  On arriving to court, the title officer told the judge that, even though she was standing in the place of the defendant, the company had no claim on the funds, no interest in the outcome, and after doing her own research, had no reason to contest my claim.  I was eventually awarded the money, and I thought the judge was being harsh in making me prove my claim over again after the title officer explained they had no claim on the funds and supported my action, but later I would find out that, in that type of case, the judge would still make anyone prove the elements of their claim.\n\nI had one property, a vacant lot up for sale, that as far as anyone knew was \"landlocked\", meaning no street access according to the owner for as long as anybody remembered.  Appearing landlocked significantly lowered the value of the property.  For years, the owner thought the property did not have street access, and no one challenged their claim.  I took the grant deed, studied it over and over, comparing it to a plat map of the area, went back and forth between the two, then discovered that a plot point had been repeated, so going by plot points only, the property would have then had to be in the shape of a triangle.  \n\nOnce I noticed the discrepancy, I contacted my broker for direction.  If nothing else, we discovered a discrepancy between the plat map and the point description.  In order to sort out the problem, the next step was to bring out of surveyor to check the property point and lines, and research.  Once the surveyor did their job, he was able to determine the property description was wrong, that it was definitely a rectangle with an easement to the street on its northeast side.  In order to make it official, all the documentation was submitted to the title company, where they processed the changes with the County Recorder's office, and all was well.\n\nIt's standard to have to provide two forms of identification in most financial transactions, but I've had one go as far as holding up the deal to demand I provide a birth certificate before the check would be released.  I've also had one present me with a document to sign stating that I was the same person in full name because at one place I only signed my first and last names without the middle name.  I get it, title companies have a duty to verify everything concerning the transaction, but they can also be on the \"overzealous\" side at times.  I now know you must sign and print your name the exact same way throughout the transaction or it messes things up. \n\nI've had a title company dig and find someone with my same name with an outstanding lien in a neighboring county, even though none of our other identifying information was remotely close.  I've also been presented with a medical bill for a young lady that I had never heard of, and had no connection to, in a city I didn't know anyone in or had never been to.  It actually created a tough situation.  When I contacted the medical office, since I attested I didn't know the woman, they couldn't even verify if she had ever been a patient there (HIPAA violations).  I provided them with my social security number, and no outstanding accounts came back saying I had ever been a patient of theirs, nor did it appear someone fraudulently attempted to use my identity for services.  At that point, I was somewhat stuck; I needed to show the title company something in writing stating this bill was affirmatively not mine, anyone I was connected to or connected to the property, but the dentist' office was unwilling to provide anything being that I had already attested no connection and so did they.  I sounded crazy until someone in the office understood that my name came up in connection to a patient at that office via a title company search.\n\nIn another situation, securing title insurance to protect a settlement secured by real property.  I did not, and long story short, the creditor was able to slip through my hands.  To the best of my understanding and research, due diligence would still be the beneficiary's responsibility; title companies are generally not liable if they \"overlook\" a lien unless you have your own contractual relationship with them.  I say that in light of personal experience. You'll want to get in touch with a collections agency, who may need to legally tweak your judgment into an item that can be exercised.  \n\nOnce, I dealt with a situation where the owner's deceased husband had entered into a contract for sale with a property 30 years prior, and an escrow apparently had been opened and never completed.  This left a huge gap in the chain of title, as now we needed to find out what happened to the prospective buyer.  We found out apparently the buyer passed away during the transaction.  Instead of cancelling the transaction, that left the possibility that any heirs that were aware could come forward and still possibly claim to want to complete the transaction, at the price agreed on 30 years prior.  The eventual remedy was to purchase a bond in the event the purchaser's family came forward with a claim to the property in the future.\n\nThey are there to protect everyone involved in any transaction, but as always, perform your own due diligence.\n\n*I do not claim to give legal advice, only sharing my personal experiences as they relate to past real estate transactions.  The reader should still contact an attorney to clarify any questions or concerns.",
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      "permlink": "mediating-a-troubled-situation",
      "title": "Mediating A Troubled Situation",
      "body": "When I was first starting out, I was sent to a rental property to clean it up after the tenant passed away.  The landlord applied to the city to have a handicapped parking space created for the tenant on the street in front of the house.  I thought it would be okay for me to park there after I saw the neighbors parking there with parking enforcement passing by and none of the neighbors got ticketed.  \n\nAfter a while, I tried parking there and got ticketed immediately.  I fought the violation on the grounds that the space was originally a public parking space, requested by the property owner for a specific tenant that is no longer living and I was there at the owner's permission and request.\n\nI went into court where naturally, I was found guilty, as expected, because they haven't heard the backstory, but I filed for an appeal going in.  I had to go through the back and forth process with parking enforcement to actually get a court date to sit down with a city official in parking enforcement.  The official started off by asking me very bluntly \"Do I think that I can just do whatever I want with no respect for the law?\"  I am going to assume he assumed I was not there for a business purpose, and he also was not aware the tenant using the space was no longer living.  Keeping my composure, I explained I had never done that before, I was aware of the purpose of the space, but that the space was alloted to that specific property and a specific tenant for a specific purpose, the tenant the space was allotted to was no longer living, the property was vacant.  I argued the concept of licensing in the real estate sense.  The owner of the property requested a license to accomodate a tenant.  \n\nI was there at the request of the owner to do cleaning and light repair work, otherwise I wouldn't have been at the property.  With the tenant's passing the purpose of the license no longer existed, so logically I shouldn't be held liable for a license that no longer had a function.  Yes, I understand this is a \"handicapped\" curb, however, it's also literally just a blue spot on the curb now.  And also, the law was being enforced arbitraily.  If anyone would have a complaint, it should be coming from the owner, but the owner had no problem with my action, so how can the city arbitrarily choose to enforce a rule if the party that would have a problem with me clearly stated they don't have a problem?  By the way, as a teaching moment, when in court settings, I have had to be prepared on other occasions to defend against the judge or adjudicator seeing an offense where the party that would be offended stated they had no issue. \n\nThe official took roughly a month, and with my documents (statement from the owner, picture of the orientation of the space, picture of parking enforcement passing by while another car was parked in the space without receiving a ticket), he found in my favor and decided to overturn the violation.  \n\nOne of my fears in the modern world as things change and technology grows is that we are slowly losing the ability when dealing with corporations and government to be able to sit down with someone that actually has power to change anything.  As a side note, I observed something similar that might have helped lead up to the subprime crash in the '00's.  From my experience, before the crash, when you called a lender as an investor, there was someone you coould talk to on the phone that you could negotiate with, as long as your position was solid and you maybe just needed a tweak to the terms or a break.  The lender would also consider things like if you had equity in the property, other property as collateral, or if you had a past record of following through and delivering if they made a concession for you.  Just before the crash, calling a lender became like calling on a credit card or car note lender.  You shuffled through the phone mail system, if/when you could get someone, the people that answered the phone needed a lot of uneccesary information before they could even pull up your account, and then they couldn't do anything outside of offering basic information or collecting a payment.  And it became almost impossible to  reach someone who had real estate knowledge, when prior to the crash it was standard for whoever answered the phone.  \n\nWhen confronted with a complex situation that has multiple layers, keep calm and unpack the layers of the situation in a logical manner in order to get your point across, and sometimes they other side may be willing to change their position or decision without conflict.",
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      "body": "Congratulations @wbhall! You have received a personal award!\n\n[![](https://steemitimages.com/70x70/http://steemitboard.com/@wbhall/birthday1.png)](http://steemitboard.com/@wbhall)  1 Year on Steemit\n<sub>_Click on the badge to view your Board of Honor._</sub>\n\n\n**Do not miss the last post from @steemitboard:**\n<table><tr><td><a href=\"https://steemit.com/steemitboard/@steemitboard/steemitboard-knock-out-by-hardfork\"><img src=\"https://steemitimages.com/64x128/https://cdn.steemitimages.com/DQmSPagmBYytsJBn8FwewvqDFRphP6swbbndADgYEsaLNkZ/image.png\"></a></td><td><a href=\"https://steemit.com/steemitboard/@steemitboard/steemitboard-knock-out-by-hardfork\">SteemitBoard knock out by hardfork</a></td></tr></table>\n\n> Support [SteemitBoard's project](https://steemit.com/@steemitboard)! **[Vote for its witness](https://v2.steemconnect.com/sign/account-witness-vote?witness=steemitboard&approve=1)** and **get one more award**!",
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      "body": "One of the keys here was knowing to invoke something and knowing what to invoke. It's appalling to me how hard it seems to find these things within the law along with the knowledge of how to *invoke them properly*. \n\nGood on you for following through, for building such a great case and for presenting it here for us to learn from! \n \nAs for hiding assets, I've just come to accept that if I want to be free from anyone's \"grip\" I need to learn to live with nothing and be happy with it. Literally. I don't have the time and energy to hide things, only to have them penetrated by those that lie to begin with, when those proven lies are never prosecuted or held up for inspection, when false accusations are believed more than proven ones in today's legal systems.\n\nCentral banking is a cancer to our society.\nThe hidden law agendas keep it that way from the public.\nBad lawyers give good lawyers a black eye.\n\nAnd then there are shining examples like this one that still give me hope. I would have found this story sooner, but I've only recently learned how to find things under the tags that interest me.",
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      "title": "Succesful Conflict Resolution",
      "body": "When I was first starting out, I was sent to a rental property to clean it up after the tenant passed away.  The landlord applied to the city to have a handicapped parking space created for the tenant on the street in front of the house.  I thought it would be okay for me to park there after I saw the neighbors parking there with parking enforcement passing by and none of the neighbors got ticketed.  \n\nAfter a while, I tried parking there and got ticketed immediately.  I took the case up to fight the violation on the grounds that the space was originally a public parking space, requested by the property owner for a specific tenant that is no longer living and I was there at the owner's permission and request.\n\nI went into court where naturally I was found guilty, as expected because they haven't heard the backstory, but I filed for an appeal going in.  I had to go through the back and forth process with parking enforcement to actually get a court date to sit down with a city official in parking enforcement.  The official started off by asking me very bluntly \"Do I think that I can just do whatever I want with no respect for the law?\"  I am going to assume he assumed I was not there for a business purpose, and he also was not aware the tenant using the space was no longer living.  Keeping my composure, I explained I had never done that before, I was aware of the purpose of the space, but that the space was allotted to that specific property and a specific tenant for a specific purpose, the tenant the space was allotted to was no longer living, the property was vacant.  I argued the concept of licensing in the real estate sense.  The owner of the property requested a license to accommodate a tenant.  \n\nI was there at the request of the owner to do cleaning and light repair work, otherwise I wouldn't have been at the property.  With the tenant's passing the purpose of the license no longer existed, so logically I shouldn't be held liable for a license that no longer had a function.  Yes, I understand this is a \"handicapped\" curb, however, it's also literally a blue spot on the curb now.  And also, the law was being enforced arbitrarily.  If anyone would have a complaint, it should be coming from the owner, but the owner had no problem with my action, so how can the city arbitrarily choose to enforce a rule if the party that would have a problem with me clearly stated they don't have a problem?  By the way, as a teaching moment, when in court settings, I have had to be prepared on other occasions to defend against the judge or adjudicator seeing an offense where the party that would be offended stated they had no issue. \n\nThe official took roughly a month, and with my documents (statement from the owner, picture of the orientation of the space, picture of parking enforcement passing by while another car was parked in the space without receiving a ticket), he found in my favor and decided to overturn the violation.  \n\nOne of my fears in the modern world as things change and technology grows is that we are slowly losing the ability when dealing with corporations and government to be able to sit down with someone that actually has power to change anything.  As a side note, I observed something similar that might have helped lead up to the subprime crash in the '00's.  From my experience, before the crash, when you called a lender as an investor, there was someone you could talk to on the phone that you could negotiate with, as long as your position was solid and you maybe just needed a tweak to the terms or a break.  The lender would also consider things like if you had equity in the property, other property as collateral, or if you had a past record of following through and delivering if they made a concession for you.  Just before the crash, calling a lender became like calling on a credit card or car note lender.  You shuffled through the phone mail system, if/when you could get someone, the people that answered the phone needed a lot of unneccesary information before they could even pull up your account, and then they couldn't do anything outside of offering basic information or collecting a payment.  And it became almost impossible to  reach someone who had real estate knowledge, when prior to the crash it was standard for whoever answered the phone.  \n\nWhen confronted with a complex situation that has multiple layers, keep calm and unpack the layers of the situation in a logical manner in order to get your point across, and sometimes they other side may be willing to change their position or decision without conflict.",
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      "permlink": "my-introduction-to-the-legal-side-of-the-real-estate-business",
      "title": "My Introduction to the Legal Side of the Real Estate Business",
      "body": "I wanted to deviate a little and tell the story of how I first came into the business, on somewhat of a negative tone, but took that negativity and turned it into a positive learning experience.  Keep in mind the following events begin while I'm in my early twenties.\n\nA relative got into a supposed real estate partnership with a certain real estate broker.  I found out things had gone sideways when investors came knocking on the door.  The investors, two well dressed gentlemen, asked if we were interested in a cash buyout on our apartment building since we had fallen behind on payments.  What payments?  This property was paid off years ago.  \n\nI contacted the broker I knew he dealt with from time to time, to which he began explaining that my relative refinanced the property and gave him some money to invest.  He apologized for the misunderstanding and promised to catch up on the payments.  Sure enough, he made about three payments, then stopped making payments again.  \n\nI went to his office to find out he had disappeared, and at that point decided to file suit.  My attorney was skeptical we could win, as the first rule of real estate law is all contracts must be in writing.  At the same time, I was pursuing a business degree and had just taken business law.  I took a gamble on invoking Breach of Fiduciary Duties, and I did have enough evidence to prove the relationship.  My first piece of evidence was a cancelled check from the broker's business account for \"rents collected\", clearly showing his name, his business address and relative's name.  The second piece of evidence was the loan documents from the loan he talked my relative into taking out, listing himself as the point of contact.  The attorney still had the wire transfer of funds in his files from his office to the broker, also making him a material witness.  I was also able to dig up evidence from a flip deal by the broker listing the relative as the purchaser, and then a few months later as the seller, and  check issued to the relative.\n\n![](https://steemitimages.com/DQmf8Ukc4e6cRfXTEWSeBb3JGSA67817Hs5zrB9qfoAXKa1/image.png)\n\nI had to learn how to retrieve records at the County Recorder, which I spent the equivalent of about a month's worth of time searching records (Assessor records weren't online yet).  The task was to locate addresses he could be at, assets he owned (specifically property with equity to attach), and to put together a picture of his movements and motivations.  \n\nAs time went on, he started shifting the way that he conducted business, which introduced me to a new part of the game.  I noticed as I kept pulling records that he started holding properties in Deed(s) of Trust instead of Grant Deed(s).  When I brought them to the attorney, he explained using a Deed of Trust isn't necessarily bad in and of itself, but it is a way someone possibly involved shady activity can control a property without appearing to own the property in case creditors wanted to pursue them legally.  \n\nI ran into one of his former agents on a whim.  He was more than willing to offer some back story after I shared my story.  The former agent offered his insight after sharing that he had to sue the broker for his last commission check.  He gave me a corroborating story (like the relative did): it seemed like he started off with good intentions, but after he got married, it just looked like his wife was bringing people around that could be described as \"shady\", then he got increasingly shadier with his business the more he spent time with shady acting people.  \n\nOn the court date, standing in my relative's place ( he was terminally ill by this point), I was able to take the witness stand and testify all the facts of the matter to the judge's satisfaction.  The broker decided not to show (later claiming he was never served a Notice to Appear).  We were able to dispel the lack of proper service to the judge's satisfaction on the following:  He was served by Certified Mail at his last known home and business addresses, both receipts returned verified as unoccupied by the Post Office.  We also sent service and Notice To Appear to his last supervising broker, implicated by having  received money on the broker's (alleged guilty party) behalf.  They were more than willing to give up information and documentation showing the alleged guilty party acted independently and they would be willing to make an attempt to contact him.  We could document the alleged guilty party did return phone calls to myself and his former supervising broker.  I walked out of court with judgment in hand; after listening to the way I laid everything out, we were only pushing for a refund plus interest on the grounds of broker negligence.  The judge deliberated and actually came back with a decision of Theft, Conversion and Malicious Intent to Defraud.\n\nHad I known what I know now, once we got the civil judgment, I could have filed a lis pendens, frozen his assets, and appealed to the state Real Estate Commission to suspend his license.  Once the appeal for suspension was made, I could have then petitioned the Real Estate Recovery Board for satisfaction of the judgment.\n\nThe strongest piece was the most intricate.  I had a side hustle in college installing radios and speakers that eventually led to purchasing cars from the auto auctions and reselling them for profit.  I needed a business address after a certain point, so the relative was excited to tell me he had commercial zoned vacant land I could rent, and to give the broker a call about getting access to the property to set up.  The broker actually met me at the address the relative gave and stated to me \"This is his property, I collect rent from the little restaurant there.\"  When things changed and it was time for court, pulling the records on the property showed it being sold to a woman I had never heard of.  Going back to the random meeting with the former agent, he revealed that was the broker's wife's maiden name.  That led the judge down the train of thought of 1) why would I just randomly pick that address? 2) what are the odds that not only could I describe said property, but the title search revealed his wife owned the property, but in her maiden name, not her married name?\n\nWhat I found that could be done is to write the judgment off as a business loss in a year you also paid a large sum in taxes from a business, declaring it as \"bad business debt\".  \n\nAfter the judgment, the broker went \"off the radar\" for years, then like magic, when I filed to make the judgment an asset of my relative's estate, he resurfaced, claiming our action was blocking his license renewal.  He was then able to be officially served, leading us to deposition and eventually mediation.  The deposition was chocked full of nonsense I couldn't wait to blow up.  At one point, I even discovered it appeared as if he was paying his attorney through one of those Deed of Trust instruments, even though it wasn't necessarily material in court.\n\nI got a great education about the ugly side of the legal process when my attorney was on conference call with the broker's atty, and I heard the other attorney calmly and matter of factly say \"my client doesn't really have a case, so I'm just gonna try to smear your clients' character.\"\n\nIn mediation, once we finally met face to face after years, the mediation was a wipeout for them.  After reviewing my documents and reviewing their documents, the mediator actually said to the broker, \"this is the only case I've seen where the client maintained better records than the broker.  I suggest you come to a quick resolution.\"\n\nWhat I learned useful from the experience:\n\n1)  Get everything in writing.  There's no guarantee the other side will make documentable mistakes like in this case, giving you opportunities to recover and capitalize on.  However, in a conflict, someties its good to be underestimated.  The opposing side might let their guard down, not regarding you as a serious threat.\n\n2)  I got to sharpen my skills firsthand in the legal system, which has come in handy in my understanding of how the legal system works.  I got to see real estate law, contract law and estate law firsthand.  \n\n3)  I learned how to research and track people and assets, and on the downside, how to connect up what I learned from the research to put together a picture of what someone might be doing, and anticipate their next move.  Had I known what I know now, I needed to expand my searches to the neighboring counties (the county I lived in at the time was fairly large) to search for information.  It wasn't good enough to search just locally.\n\n4)  I've learned almost every trick and deception a person can pull when they don't want to be found but want to retain their assets.  I've had others try to get me caught up in different things here and there, but since this experience, I always seem to stay a couple of steps ahead, until you can cut off your business ties.\n\n5)  If I've seen the worst case scenario play out, then I can also see how the best case scenario should play out, where it's legal, productive and everyone gets what they want out of it (leaving with more money than they started with).\n\n6)  I did so much research, I almost didn't need to study for my first real estate exam.\n\n7) I learned the beginnings of the art of weaving broken pieces together to create a useful picture.\n\n![](https://steemitimages.com/DQmUVethvQUvaSFPBj4odXJtiRL4k1Ls6LeCS8FX24ajyTy/image.png)\n\n\nDeals will go south, it's just part of the nature of business.  Sometimes situations change in partnerships that started off with good intentions.  Any way it goes, always protect yourself.  Our best case scenario:  we never got involved with the broker in the first place.  Our asset was already paid for and generating income.  The money gained from dealing with the broker didn't add up to what was lost in time, stress, expenses and opportunity cost in the end.  Each had ripple effects as in time I could have been doing something else (or relaxing), money spent pursuing the case and research could've been invested in another property, or enjoyed on different activities.  The experience I picked up can't be taught in school, and most people aren't truly aware things can go this sideways.  I'm known for having a certain calmness and coolness under pressure; living this out was one of the places that calmness under pressure was forged.",
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      "title": "Adventures in Credit Reporting Pt. 5 - Lexington Law",
      "body": "![](https://steemitimages.com/DQmYmoiNQQ3vo4MWPvFWrjWcrF29VH7HW85rYcgMo3pjD9k/image.png)\n\nLet me start off by disclaiming I have no working relationship with Lexington Law, and receive no benefit from this post.  I am only relaying personal testimony as a client.\n\nI had heard that Lexington Law could do magical things in the credit repair industry.  Some reviews said they were a rip-off, a number of people have attested that they don't do anything more for you than you can do yourself with documentation and letter writing.  Some people I know personally that used them reported back great results.\n\nHowever, aside from letter writing and do-it-yourself challenges (which I am a huge fan of, by the way), my experience is that in some cases I've needed a little more \"firepower\" when dealing with creditors and the bureaus.  Yes, you can cite the laws and send them threatening, demanding  letters, but in some cases, well, they might call your bluff to see if you would actually file suit.  Why this is, I don't know.  \n\nWhat I can say for Lexington is 1) they may be a little pricey 2) they did work quickly on the simple items (or items that should have been simple, but I was running into some type of roadblock getting them closed and deleted) and 3) in some cases it helps to delegate the work to a team that deals with creditors and bureaus all day.\n\nI am satisifed with what they did for my score so far, my report is much cleaner, and I have a couple of items in what they call \"escalated cases\", where I am supposing an attorney will place a direct call to a creditor.  I have a couple of items that actually need a thorough investigation and unpacking by an attorney.  They also discounted me for the first month of service being a veteran.\n\nSo far, I am satifisfied with what I've spent versus what I've saved in time.  The representatives are always friendly and knowledgable, and now I'm just looking forward to see if they handle the more complicated cases.  Again, this is just my testimony, I have no relationship with Lexington Law, receive no benefit from this posting and make no guarantees or promises about their performance. @wbhall",
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      "body": "![](https://steemitimages.com/DQmbVo9foKoz2kf7BGw8ju7UwrbZGs8TpAt5tbCfJwJFNcj/image.png)\n\nAs a side note to my personal credit repair journey, and I disclaim that in no way shape or form derive any excess benefit from this post, or the companies I am about to speak about, other than was I state here as a personal testimony.  \n\nOne, I found an online service call www.rentreporters.com, and they advertise that they can increase your credit score by 35-50 points, so as long as you have been paying rent somewhere and that can be verified.  The catch is, as of right now, they only have a working relationship with Transunion, so the point increase does not reflect to the other bureaus.   What they do is if you have been renting a place with no late payments, they can convert the last 2 years of that into a tradeline that refelcts positively on your report and score.  I decided to give them a try since they said their service was under $100.00.  \n\nI can say that with minimal hassle,  I did see the 50 point jump in score  within 2 weeks, and I was pleasantly surprised.  Again, I am not affiliated with Rent Reporters, receive no benefit from posting and make no guarantees or promises it will have the same effect for you as it did for me. @wbhall",
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      "body": "I think Bitcoin can hit 50K, but I think there won't be another drastic jump again like the end of 2017.  I can see it moving like the housing market 10 years ago.  Prices shot up, dropped off, and 10 years later, they're back at 2007 prices, but now those prices are here to stay.  My 2 cents @wbhall",
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