A while ago I was doing
some mobile home investing research and I came across a transcript of a round table Q&A of a few mobile home guru’s and newbie investors.
I personally love
Q&A mobile home workshop because no matter how much I study there is always
someone who ask a question I am thinking and have not gotten an answer to our
did not think to ask.
And this is what got my
attention.
I shave my head but if I didn't the answer would have made my hair stand on end.
Someone asked what to do
if they could protect themselves if they could not afford to create an legal entity.
The head guru said not
to worry about creating a an legal enity until they have like 8 or 9 mobile homes
producing income and have decided that mobile home investing is for you... and
the JR. guru agreed.
Using another transcript from one of the guru’s during another presentation
I want to show you how bad this can get with the most horrific story I have
ever heard.
This guru (The same one who said you don't need a legal entity) likes to rent out his mobile homes to section 8, he really
likes section 8 because the tenets are not as picky as some people and the
check comes from the government directly so they are never late.
To jump right into the story the guru had a mobile home that he was
renting to a woman who he found out left her children alone for days on end and
on one of these trips her children had burned down the mobile home and one of
them died in the fire.
The father of the surviving children had a lawyer that sent the guru
an intent to sue letter for providing an unsafe habitat.
Having had two Lawyers as mentors I can tell you a bit about how good
lawyers work and how shyster lawyers work.
I can only guess but my thought is that a shyster lawyer contacted the
father and said “Lets sue, you pay nothing up front and I get half” any self-respecting
lawyer would know that section 8 housing is checked out (or should be anyway)
and is signed off as a safe habitat.
Well… luck was with the guru because for Christmas he had asked for a
video camera and his wife was griping that he never used it so it just so happened
he had on tape the section 8 lady being shown around the mobile home and
commenting on how nice and safe it was.
He sent that tape to his lawyer, who made a copy and then sent the
copy to the shyster lawyer and 4 days later his lawyer called him and said the
lawsuit was dropped.
Another thing about shyster lawyers, they are all willing to help you sue when they get an easy win, but if you send them a curve ball like this they go back to their client and say "Look... your going to have to pay me up front for this. I get a $500 retainer and charge $50 an hour and bill in whole hour units so every 5 min call is going to cost you $50. How much do you have on you right now?
And that pretty much puts an end to garbage lawsuits.
Now that’s all well and good if you remember to make a video tape
every time you sell a mobile home, but what if you don’t?
Imagine your at the Q&A with these two guru’s and they tell you
not to worry about it until the 8th or 9th mobile home
and on the 7th mobile home that horrible incident happened to you
and you had no video tape? What do you do?
I am not saying this
would not be a real tragedy if it happened to anyone, what I am saying is that some
people have a get rich quick or vindictive mentality and we should not have to
pay for an error that was not on our part.
As long as we are acting
in good faith we shouldn’t need to worry is all I am saying and this is the
simplest and most cost efficient way for those of us who can’t afford to set up
a legal entity.
When I was in California
it was something like $1000 just to have the lawyer look at your articles of incorporation,
now it’s less but it’s still expensive.
The way things are now
you can check out a book from a library, word for word duplicate the forms and
for where I live, file with the Secretary of State and pay $150 and you’re an LLC.
But here is what you can do if you don't want to set up your legal entity yet.
Now if you wanted to be
stone cold sure you could go to a local lawyer and tell them you want a cookie
cutter vehical property trust with them as the trustee and you as the beneficiary
so every time you get a new mobile home all you have to do is send them the
paper work and they send you the monthly check for the mobile home payment.
(They will charge you for this, and they will charge you every time they mail
out a check.
OR…
I don’t get any kick
backs from this guy but you could go to http://askmikebutler.com/ and
down load a cookie cutter vehicle trust set it up yours following the
directions and all for a whole lot less from Mike Butler.
Personal Property Trust on line $79.99
https://m128.infusionsoft.com/app/storeFront/showProductDetail?productId=692
Personal Property Trust Print $49.99
https://m128.infusionsoft.com/app/storeFront/showProductDetail?productId=453
Personal Property Trust on line $79.99
https://m128.infusionsoft.com/app/storeFront/showProductDetail?productId=692
Personal Property Trust Print $49.99
https://m128.infusionsoft.com/app/storeFront/showProductDetail?productId=453
That way if GOD forbid someone like that moved into your
mobile home that you were selling rent to own, and something horrific happened if
anyone did try to collect all they would get is whatever was left in the trust
bank account and the insurance money for that mobile home.
Now I found Mike’s website from doing a search
on YouTube and saw his video. Mike tells you to use the address as the name of
the trust.
DON’T DO THAT!
The first thing a
shyster lawyer does is do a search by address and if lo and behold your trust
shows up he or she goes after it hammer and tongs.
To give yourself a
little bit of breathing room. Let’s say you were a patient person and you were
not all gung ho to get all your 12 mobile homes for whatever reason but you
were patient enough with your 7 mobile homes that are generating $250 each in
passive income to hide the money and save up for a whole year to take your
family of four on one of those Viking River Cruises (I just happen to have the
catalog right here) and you stayed 14 days in the Oxford Highclear Castle (the
real Downton Abby) and it cost you $22,384.
That in mind setting up
for that you forgot to get all the checks from your individual trust and the
money is just sitting in the trust bank account. The shyster lawyer finds the
trust and the bank account and names it in the lawsuit.
Snap! I mean it’s less
then $1,000 but still that’s 1/6th the cost of your 8th
mobile home and that mobile home was going to be your tipping point to ramping
up to having 12 mobile homes and then retiring from the rat race and just volunteering
your time and going on vacation a lot.
Maybe where you are $250
a month is a joke, maybe you’re like I am and you only do a deal when you can
cash flow $350 but that doesn’t matter.
It’s your money and
other people shouldn’t be able to get their hands on it.
So here is how you get
around that legally.
Most (not all, but most)
shyster lawyers are not famous for their document searches. If you have a trust
in the name of the address of where the mobile home is it’s going to pop right
out at them. But if you name it something ambiguous like Desk Workers of Omaha
Trust, if they even catch it they are going to blow it off. It will not come up
until they do the title search and that takes a while.
If the trust is set up
to mail you your check on the 5th and the fire happens on the 2nd,
odds are good that your trust will have mailed out your check before the
shyster lawyer finds the trust bank account.
Say your trust bank
account is in a bank like mine, you have to have $250 in the account or they
charge a $10 fee every month. So they lawyer gets a judgment and it gets all
assets in the trust. $250 and the insurance you had on the mobile home, say
like $25,000.
That’s awesome.
Yeah your out the
insurance money but so what… if you had done what the guru’s said you would have
been out all 7 of your mobile homes, your bank account, and maybe your house
and car.
If you can afford to get
a legal entity then by all means do it. I myself have an LLC that is the
trustee for my Trust and me as the beneficiary.
But if you can’t afford
to create an legal entity, then this is a good way to protect yourself until
you can or until you decide if Mobile Home Investing is for you.
I bid you Peace and
Prosperity
That Mobile Home Guy
Wade