Dyches Boddiford - Our September Featured Speaker

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Inside This Issue
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DISCLAIMER
We do not render legal, accounting, tax, investment or other professional services or either through the Metro or at general meetings. We
disclaim all liability for actions (or inactions) taken as a result of any communications between the Board of Directors, appointed officers and
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advice from qualified and competent professionals and to use due diligence before using any product, services or ideas presented in the
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speakers and writers do not necessarily reflect the opinions of the Executive Committee or Advisory Board.
Volume 8 Issue IX
2 of 28
September, 2005
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(By: Dyches Boddiford)
(Continued from Cover Story)
Look at having a good story as pre-litigation planning. Why did you set up a corporation? Why a limited
liability company? What is your story? Did you do it for
asset protection? Yes?!? Wrong answer, this can be interpreted as you hiding assets with the intent to use the
law to defraud creditors (someone holding a judgment
against you). Did you do it for tax and business reasons?
That is a much better answer. Maybe you did it for estate planning. Of course, if you are being questioned in
an IRS audit, you probably structured this way for asset
protection since the IRS has rules against schemes used
to lower taxes. In reality both answers are true, so you
are not lying. You are just telling the best story you can
with provable facts. You always want to take the high
road in your explanations.
This can easily be the difference in a land trust being
viewed as a scheme to defraud homeowners or communities and a simple tool to get a job done. A while back I
was involved in a case arguing over the ownership of a
road. Since my interest was held though a land trust, I
was questioned about why I used such a device. It was
even suggested by the attorney questioning me that I
might be using it to take advantage of sellers. The attempt was to paint me as a shady conniver in some underhanded scheme. If this case had gone to a jury trial, I
knew this would be detrimental. I had my story ready.
I explained that the development was done in a community where the local residents were close knit and did
not like outsiders. So, I used a land trust with a trustee
who lived in the community and was well respected by
the residents. This way, he could answer any questions
and concerns they may have. Also, the development
approvals and permits required someone provide the
proper paperwork to sign for them. Our trustee had experience in this area and the proper procedures. It only
made sense to trust him with these responsibilities. Not
only was the explanation truthful (as you should always
be in a deposition), it made a good story as well. This
was the last time a concern was voiced over our trust
structure.
THREE CATEGORIES
Any asset protection plan component will fall into one
of three categories. The first is “Tried & Known.” In
this category we can place corporations, limited liability
companies, partnerships, etc. These are the plans that
Volume 8 Issue IX
3 of 28
have been around a while and have been tested under
fire. For the most part, we know how the courts view
them and where we have to be careful. You should always start with these components.
In this first category we can also place concepts where
we know the outcome to a high degree by how courts
have reacted to them in the past. For example, the day
before you expected to lose your case in court you sold
your free and clear house to your uncle for $1,000, you
would have a hard time convincing the court that this
was anything other than a fraudulent conveyance for
less than fair market value.
The second category is the “Disputed” strategies.
These are schemes, often marketed by some promoter,
that claim to have a inside on protection and tax reduction. Often the law in these areas are not yet settled. The
initial adopters of these schemes are often pointed to as
proof it works. But often that is because it is new concept and has not been tested as yet. This was the case
with the pure or constitutional trusts and the tax protests
of the 1980’s and early 1990’s. For the most part these
have been moved to the “Tried & Known” category because of the court’s many decisions against them. Very
rarely would you choose, or depend on, a strategy from
this category.
The third is the “Groundbreaking” strategies. These
are strategies for the more advanced investors. They are
concepts that are well thought out, but as yet have not
had the challenges of the courts to see what arguments
can be brought to defeat them. Many of the off-shore
trust strategies of the late 1980’s and 1990’s fell into
this category until cases such as the now famous Lawrence and Anderson cases have moved several of these
strategies to the Tried & Known category. However,
there are still many groundbreaking strategies that have
merit. But these strategies should be advanced additions
to your Tried & Known strategies.
Reprinted by Permission. Copyright 2005, The Oaks
Group, Inc. All Rights Reserved. The Oaks Group, Inc.,
PO Box 505, Marietta, GA 30061. Visit
www.assets101.com
September, 2005
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(Continued from Cover)
The fact that some landlords
used application fees as profit
centers resulted in the legislature
adding this piece to the
Landlord/Tenant Laws of many
states:
Charge the fee and you
undertake a number of
responsibilities to the applicant.
1. You have to tell them what
you are going to check.
2. You have to inform them of
their rights to dispute any
information you uncover.
3. You have to tell them the
name of the screening service
or credit reporting agency.
4. Even if you don'
t charge an
application fee, but you reject
them as tenants because of
information you received from
a credit agency or tenant
screening service, you have to
tell the applicant that you
rejected him or her because of
the information you received,
and give him or her the name
and address of the service or
agency.
5. You need not tell applicants
the specific results of the
credit report or screening
report, only that it caused you
to reject them. They need to
contact the agency for the
specifics. You can, however,
give them a copy of their
"consumer report," as defined
in the Fair Credit Reporting
Act.
6. You may not charge a fee
unless you actually have a unit
Volume 8 Issue IX
available to rent at that
moment or expect one within a
reasonable length of time.
7. If you charge an application
fee but never screen the
applicant, you have to give the
money back "within a
reasonable time."
You have three excellent
reasons for charging an
application fee.
First and foremost, it pays
for your time and expense of
screening an applicant. Your
time is worth something. When
you applied for the mortgage
loan on the property you now
own the lender undoubtedly
charged you a fee for the credit
Robert Cain
report and the appraisal. They
also charged you "points" to pay
for the loan officer and possibly
even a "document preparation
fee" to pay for the cost of
putting the loan documents
together. They did that because
they are in business to make a
4 of 28
profit. So are you. Charge an
application fee.
Second, and almost as
foremost, it cuts down on the
number of unqualified
applicants you will get. If a bad
tenant knows you are going to
pull a credit report and look for
court records that would show
evictionss and felony
convictions for drug dealing, he
may not even bother to fill out
the application. Bad tenants
count on you not checking on
them. Even so, some people
don'
t think that you will
discover all their dirty secrets.
They will fill out the application
and pay the fee anyway.
(Nobody said they were smart.)
In that case, you have at least
been paid for your time.
Third, it sends a message to
your prospective tenant from
the beginning that you run
your rental business as a
business. That sets the tone
immediately, telling them that
you are not their best buddy,
you are not an easy mark, but
you are providing a service for
them, are happy to do it, but
expect them to keep up their end
of the bargain.
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September, 2005
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Transferring Real Estate to An Entity
By: Dyches Boddiford
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Volume 8 Issue IX
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Volume 8 Issue IX
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.01122%8437
Fax
1-800-522-8437
AMS TIES, Inc provides the information you need
Credit Reports -
Find out who they owe, what they owe, the record of repayment and
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Public Records -
History of Judgments, Liens, Bankruptcy Filings, Civil Suits & Foreclosures
Criminal Records-
History of Felonies and/or Misdemeanors - 7 years background research
Rental History-
Complaints filed for Eviction, Judgments for possession,
New Jersey Residents- 4 year History
Rental History Registry- Public Record Searches- in depth search made of landlord/tenant
Court records. All other states
Landlord Exchange- Reflects the participation of our members that report those tenants
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Driving history with points and violations information
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Entrust Northeast, LLC
Gelt Financial Corp.
Jack Pedersen
Levy Ehrlich & Petriello
Mortgage Corner
MYG Management, LLC
Opteum
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Real Estate Agent
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issue.
Volume 8 Issue IX
21 of 28
September, 2005
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Upcoming Meetings
Sept: Entities/Asset
Protection
National Speaker:
Dyches Boddiford
Oct: Finding & Buying
Abandoned Houses
National Speaker:
Reggie Brooks
Nov: Special Needs Housing
National Speaker:
Nick Soditi
Nov: Special Saturday
Seminar
Buying VU & HUD
Houses
Walter Taggert
Dec: Annual Holiday Party
MREIA
P.O. Box 322
Cranford, NJ 07016
Change Service Requested
Membership Number:
Do We have Your Current E-Mail
Address?
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MREIA meets every third Monday of the month at the Kenilworth Inn, just off Exit 138 of the
Garden State Parkway. The Inn’s billboard can be seen as you approach the exit. We urge our
members and guests to come early, and meet with the other members. Our Doors open at 6:30
pm, and the meetings begin promptly at 7:15 p.m.
Please bring your membership card with you, for faster check in.
Annual Membership Dues are $125, plus an additional $35 for an associate membership (a
person residing at the same address. . “Guests” pay $20, which will be credited towards the annual dues if paid by the end of the evening. For more information, visit www.mreia.com.
Members are invited to remain at the conclusion of the meeting, for an opportunity to share their
experiences with others, while making valuable contacts for the future.