The Property Manager Problem: How Out-of-Town Investors Can Protect Themselves in St. Louis

The Property Manager Problem: How Out-of-Town Investors Can Protect Themselves in St. Louis

When an out-of-state investor hired a St. Louis property management company to handle her “passive income” portfolio, she pictured auto-deposits and serenity. Instead, she got unpaid utilities, tenants who’d gone AWOL, deferred maintenance, and an electrical shut-off on inspection day. (There’s nothing like meeting your buyer by flashlight to remind you how active “passive income” can get.)

Sound familiar? You’re not alone. Roughly one in five St. Louis rental properties is owned by someone who lives outside Missouri — and too many assume “property management” means “set it and forget it.” Spoiler: it doesn’t.

When Property Managers Drop the Ball Continue Reading →

New Laws Signed in Missouri Give Landlords More Power—And Require Written Buyer Agreements

HB 595 rE Landlord - Tenant Rights and Buyers Agent Representation Signed Into Law by Governor Kehoe

Yesterday, Missouri Governor Mike Kehoe signed into law House Bills 595 and 596, bringing significant changes that will impact landlords, tenants, property managers, investors, and real estate professionals across the state. This newly enacted legislation strengthens private property rights and tightens requirements for agency relationships in real estate transactions, two key areas anyone involved in Missouri real estate should pay close attention to.

For landlords and investors, HB 595 limits how local governments can regulate rental housing. Specifically, the law prohibits cities and counties from setting rent control measures, imposing restrictions on how landlords screen tenants, or mandating specific lease Continue Reading →

Do Landlords Have to Allow Support Animals If They Have a No Pet Policy?

With changing regulations, subdivision restrictions, municipal ordinances, state and federal laws, landlords certainly have a lot to keep up with today to make sure they stay compliant in their rental business. I’ve been in the business over 40 years, have an interest-and a fair understanding of- laws that affect real estate, yet still find it challenging to stay updated. Given this, I can only imagine the challenge faced by someone with a full-time career who also owns rental properties as an investment. Perhaps, this might be a compelling reason to consider hiring a professional property manager for your rentals. However, Continue Reading →

Does it Matter??

Definitely a philosophical question but here we are talking about Smart Homes. Indeed, the adoption and implementation of the Matter Protocol could end up having a substantial impact within the real estate industry and all its intertwined industries. Before I get into why that is let me tell you what Matter is. In the context of smart homes, a protocol like Matter would define the rules and specifications for how smart devices, such as lights, thermostats, door locks, and more, communicate with each other over a network within a single ecosystem. So, here’s why I think it could have Continue Reading →

St. Louis City Considers New Ordinance Targeting Landlords

Last month, city of St Louis mayor, Tishaura Jones, signed into law a new ordinance which provides “access to legal representation for tenants facing eviction or equivalent proceedings”. Surprisingly, it does not appear that the tenant needs to show a final hardship or need for “full legal representation” to be provided at no cost as the bill defines a “covered individual” as “any residential tenant who occupies a dwelling located within the City under a claim of legal right, other than the legal property owner of the dwelling.” Another interesting thing in the ordinance is that it appears to include Continue Reading →

Nearly Forty Percent Of The Renters In Missouri Feel They May Face Eviction Within The Next 2 Months

According to the results of the Household Pulse Survey conducted by the U.S. Census Bureau during the week of October 5 – October 17, about 1 in 8 tenants in Missouri reported they are not current on rent and a staggering 37.87% said they are somewhat likely to face eviction in the next 2-months.

Tenant Delinquencies In Missouri (Infographic)

(click for full-size version)

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Eviction Moratorium Extended To July 31st But Is The Last Extension

The Director for the Center for Disease Control (CDC), Dr. Rochelle Walensky, signed an extension to the eviction moratorium extending its expiration from June 30, 2021 to July 31, 2021. The CDC has indicated that “this is intended to be the final extension of the moratorium.”

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Federal Court Overturns the CDC Ordered Eviction Moratorium

UPDATE: After the decision by to overturn the eviction moratorium was decided upon by Judge Dabney L. Friedrich on May 5th, at 6:54pm that evening the U.S. Government filed a notice of appeal as well as a motion for an emergency stay to not have the eviction moratorium lifted until after the appeal. Judge Dabney L. Friedrich through a Minute Order, granted the stay, thereby leaving the eviction moratorium in place for now but noting that “This Minute Order should not be construed in any way as a ruling on the merits of the defendants’ motion.” The judge allowed the Continue Reading →

COVID-19 Pandemic Driven Serious Mortgage Delinquencies To Highest Levels Since The Great Recession

According to a report just released by the Consumer Financial Protection Bureau (CFPB), titled “Housing insecurity and the COVID-19 pandemic“, there are over 2 million homeowners that have fallen behind at least three months on their mortgage payments. This represents a 250% increase from pre-Covid-19 levels and is now at a level we haven’t seen since the height of the Great Recession in 2010.

Homeowners with an FHA mortgage delinquency rates double rate for all loans:

As the chart below shows, homeowners with an FHA mortgage hit a serious mortgage delinquency rate of 10.8% during the 3rd quarter of 2020, Continue Reading →

Control your investments with self-directed IRA investing

I have a lot of people ask me about what to invest in and how. Not every time, but often, the self-directed IRA investments can be great options for people that are in the real estate industry. For this post, I wanted to go over the basic concept and give some actual real-life examples. Once you read this, if you still need help or have questions, you are more than welcome to reach out. We are here to serve and help!

What is an IRA and what does a “self-directed” IRA mean? This is an Individual Retirement Continue Reading →

Rental Income Rebounding Somewhat After Taking a Dive

As a result of the impact of COVID-19 on the economy, as well as the impact of eviction moratoriums and the like, residential rental income for the apartment sector in the U.S. took a nose dive during the 2nd quarter of 2020. As the chart below shows, the total revenue for businesses from Rental and Leasing, dropped to $156 Billion during the 2nd quarter of last year, a decline of 16% from the quarter before when the total revenue was nearly $186 Billion. During the 3rd quarter however, rental revenue rebounded to nearly $180 Billion.

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Total Revenue For Continue Reading →

CDC Issues Order Halting Residential Evictions Through Year-End

Yesterday, the Centers For Disease Control and Prevention (CDC) announced the issuance of an order temporarily halting all residential evictions in the United States through December 31, 2020. The CDC indicated this action was being taken “to prevent further spread of COVID-19”.

Details of the order….

Under the order, a landlord or other owner of residential property, “shall not evict any covered person from any residential property in any jurisdiction to which this Order applies during the effective period of the Order.” So, it’s pretty simple, if you own a residential property in the U.S. that has a tenant in Continue Reading →

St Louis County Judge Issues Order Stopping Evictions

Yesterday, Michael D. Burton, Presiding Judge of the Circuity Court of St Louis County, signed an order that, until further notice, directed the St Louis County Sheriff’s office to “refrain from executing any writs of restitution (eviction of a tenant), writs of replevin, writs of attachment, writs of partition and any other writs of execution that require them to come into direct contact with the general public..”. In addition, putting a stop to evictions of tenants in St Louis County this order stops the additional actions listed as well but preventing evictions is probably the most significant part of the Continue Reading →

HUD, Fannie Mae & Freddie Mac Suspend Foreclosures for at least 60 days

In response to the coronavirus pandemic, the U.S. Dept. of Housing and Urban Development (HUD), as well as the Federal Housing Finance Agency (FHFA) (which oversees Fannie Mae and Freddie Mac), directed their loan servicers to suspect foreclosures and evictions for at least 60 days to help those people affected.

In a statement, Mark Calabria, the Director of the FHFA, said that borrowers affected by the coronavirus who are having difficulty paying their mortgages should reach out to the mortgage servicers as soon as possible.

HUD Secretary Ben Carson said that “The halting of all foreclosure actions and evictions for Continue Reading →

Bernie’s Plan For Housing Likely To Negatively Impact Investors

Let me begin with this is not a political statement and the purpose of this site is not about politics but about real estate. Having said that, this morning I came across the plans for the housing market that Bernie Sanders is proposing if he is elected President which I had not seen before. Upon reviewing his plan (it is on his official site) I realized that while many of the components of it sound good (like “End homelessness and ensure fair housing for all”) many of his promises in this area sound like things that would negatively impact investors Continue Reading →

Florissant Tramples the Rights of Landlords and Tenants With Passage of Crime Free Bill

On October 10th (well, technically October 11th since the final vote was not taken until reportedly 1:00 am) the city of Florissant dealt it’s latest blow to landlords and tenants clearly, in my humble opinion, sending a message that they (Florissant) want neither within their city limits. Continue Reading →

New Landlord-Tenant Bill Make Force Missouri Landlords To Use Property Managers-UPDATED Feb 3, 2017

This legislative session, the Missouri State Legislature passed HB. 1862, which modifies provisions relating to the existing landlord-tenant law in Missouri, specifically, it repeals sections 534.350, 534.360, 535.030, 535.110, 535.160 and 535.300 of the Revised Statutes of Missouri and replaces them with five new sections as described in the bill. Continue Reading →

Requiring Adult Supervision Of Children At An Apartment Pool-Fair Housing Violation?

Today most, if not all, landlords are aware of the Federal Fair Housing Act with regard to making various types of discrimination illegal when it comes to housing and, even if they don’t have a thorough understanding of all of the nuances of the act, at least have a basic understanding of it. However, today, a lack of a thorough understanding of the law, as well as the risks associated with violating it, or even being accused of violating it, can be quite costly to a landlord. Therefore, if you are considering becoming a landlord, or perhaps are already in the midst of building your real estate empire, spending time studying and understanding the Federal Fair Housing Act and how it applies to you would be time well spent and it would also be a great move to align yourself with a real estate professional with a good understanding of it that can help you navigate the regulatory waters a landlord must navigate today. Continue Reading →

The Rights Of Missouri Landlords Are About To Be Trampled On Again

Section 347.057 of the revised statutes of Missouri state “A person who is a member, manager, or both, of a limited liability company is not liable, solely by reason of being a member or manager, or both, under a judgment, decree or order of a court, or in any other manner, for a debt, obligation or liability of the limited liability company, whether arising in contract, tort or otherwise or for the acts or omissions of any other member, manager, agent or employee of the limited liability company.” So, like a corporation, LLC’s provide protection to the individuals, (or other LLC’s, or corporations) that own the LLC from personal liability for business conducted by the LLC. This is not by accident as, without the ability to protect one’s personal assets from liability from business operations, many businesses wouldn’t exist nor would the products and services they provide. For example, perhaps you own stock in a company such as Ford. Would you be willing to buy that stock, and invest in that company, if you were going to be personally named in all the lawsuits brought against Ford? I doubt it. Continue Reading →

Fair Housing Act Violations Cost Landlord $550,000

Today, the owners and operators of the Alger Meadows Apartments in Grand Rapids, Michigan, agreed to pay $550,000 in damages as well as terminate their property manager to settle a sexual harassment lawsuit that was filed against them by the U.S. Department of Justice.

With the increasing popularity of rental property as an investment, there are many new investors and landlords getting into the business and they need to realize the importance of being familiar with the laws and regulations that may affect them and their business in order to avoid problems. Even though, according to the press release Continue Reading →

How To Use The Internet To Perform Due Diligence On Real Property

As far as I’m concerned, the Internet is one of the greatest inventions of all time, and ranks right up there with flush toilets, sliced bread and basketball! For real estate investors, the Internet is the single best property due diligence research tool available. Especially for investors who are located in counties where property tax rolls are online. Continue Reading →

How to Choose a Real Estate Investment Strategy That’s Right for You

Unfortunately, there are no cookie-cutter strategies, which will work for all investors in every single real estate market nationwide. And that’s exactly why, when you’re starting out in this business, you must take your time and carefully analyze a real estate investment strategy and take into account, the: Continue Reading →

REALTORS offer suggestions to the Fed on how to deal with the REO problem

National Association of REALTORS® (NAR) President, Ron Phipps, wrote a letter to Shaun Donovan, Secretary of the Department of Housing and Urban Development, Timothy Geithner, Secretary of the Treasury Department and Edward DeMarco, Acting Director of the Federal Housing Finance Agency with suggestions on how to improve the Real Estate Owned (REO) asset disposition programs for Fannie Mae, Freddie Mac and FHA. NAR, like many other housing related associations and organizations, submitted letters in response to the government’s request for information on how to deal with the REO problem.

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How to Earn Tax-Free Income as a Serial Homebuyer

In my opinion, the capital gains tax exclusion that was granted to homeowners under the Taxpayer Relief Act of 1997, is the single best, wealth-building opportunity, that’s ever been made available to the average American. That’s because, under Section 121, of the Internal Revenue Code, a single homeowner can exclude, up to $250,000, from the sale of their principal residence, from capital gains tax, and a married couple, filing a joint tax return, can exempt up to $500,000. The only requirement is that a homeowner must have owned and occupied their home, for a total of twenty-four out of Continue Reading →

How to Negotiate the Best Deal for Yourself

To me, real estate negotiations are about two things and two things only: Price and terms. And that’s why your objective during negotiations, should always be to obtain a purchase or sale price and terms, which will give you the best possible deal. By “best possible deal,” I mean a price and terms that an investor can realistically expect a seller or buyer to agree to, which will allow them to earn, what they consider to be a reasonable profit, from the property.

For example, when I am negotiating to buy a small mismanaged residential rental property, the best possible Continue Reading →

Can you go to prison for not paying your rent?

My guess is you read the headline, chuckled and said to yourself “no way”. After all, the idea of sending people that could not pay their debts to prison went away over a century ago in the U.S., right? Yes and no….In 1833 the United States abolished Federal imprisonment for unpaid debts and most states did as well around the same time. However, Missouri Representative Gary L. Cross, representing the Kansas City area, has introduced legislation that would subject tenants that do not pay their rent to a criminal charge, a Class A Misdemeanor to be exact.

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Justice Department Settles Disability Discrimination Case Against Property Management Company for $1.25 Million

The Justice Department today announced a $1.25 million agreement with Warren Properties Inc., Warren Village (Mobile) Limited Partnership and Frank R. Warren to settle allegations that the defendants violated the Fair Housing Act by refusing to grant a tenant’s requests for a reasonable accommodation. This settlement is the largest ever obtained by the department in an individual housing discrimination case.

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Former Employee of Florida Property Management Company Pleads Guilty to Wire Fraud

A former residential sales manager at a Florida property management company pleaded guilty to wire fraud in connection with housing repair contracts for the U.S. Department of Veterans Affairs (VA), the Department of Justice announced this week.

Benjamin K. Graves, formerly a residential sales manager at West Palm Beach, Fla.-based Ocwen Loan Servicing LLC, pleaded guilty today in U.S. District Court in Orlando, Fla., to wire fraud. According to the one-count felony charge filed on Nov. 12, 2010, in the Middle District of Florida, Ocwen managed foreclosed properties under contract with the VA, which guaranteed qualifying residential mortgages for Continue Reading →

Freddie Mac Suspends Evictions Over Holidays; St. Louis Mortgage Rate Update

Freddie Mac announced today it has ordered all evictions involving foreclosed occupied single family and 2-4 unit properties that had Freddie Mac mortgages to be suspended from December 20, 2010 to January 3, 2011.

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Rental housing market weathering storm; more tenants former homeowners

According to a survey just released by Transunion, Landlord’s and Property managers appear to be making it through the Great Recession and are seeing improvement in the market from their perspective. In fact, seven out of 10 property managers said their rental properties have no vacancies, an increase of almost 17 percent from a year ago. Only 39 percent of respondents said they’re having difficulty finding residents in today’s economic climate. Additionally, more than 3 out of 4 respondents (76 percent) said rental prices have either remained the same or increased since last year.

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