Michael McGirr Michael McGirr

The Winds of Market Change

With interest rates that have gone to the moon and spending slowed, there is now a return to equity between buyer and seller. Therefore, make sure that your buyer-side contracts reflect that.

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Michael McGirr Michael McGirr

Litigating Your Dispute - Lost Money or Not?

Litigation is an inconvenient necessity. If you can avoid it by reaching a reasonable voluntary resolution, I recommend that. However, if you find yourself in a situation where litigation is the only outcome, having a diligent, capable, and efficient attorney leading the charge will give you the best chance at success.

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Michael McGirr Michael McGirr

Subject-To Transactions: Nuts and Bolts

One deal type that should ring near the top of your priority list is what is known as a ‘subject-to’ transaction. A subject-to transaction is one where, in exchange for you, the buyer, taking over the payments on the seller’s existing mortgage, and, in some instances, in exchange for some additional monetary compensation from buyer to seller, the seller assigns all of their interest in a piece of real property to the buyer. The property remains subject to the existing mortgage and the buyer then makes payments on the seller’s existing mortgage, hence why this transaction type is referred to as a ‘subject-to’ transaction.

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Michael McGirr Michael McGirr

You Gotta Keep ‘em Separated

The protection provided by having your investments in separate LLCs can be massive. Early on in your investing career, you may not have much equity to lose. But, as you progress, preserving the wealth you have worked so hard to accumulate will become more and more meaningful. Therefore, it is wise to develop good habits early in your investing and business cycle. Proper separation of investments into separate entities is one of those good habits.

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Michael McGirr Michael McGirr

What Role Should a Trust Play in Business and Investing?

For most people who manage to gather assets during their lifetime exceeding a fairly low floor, a trust is the most efficient, cost-effective, and meaningful way to make sure that the wealth you have worked so hard to attain during your life goes to those you care most about, and not to the government in the form of taxes, the courts or lawyers as a result of probate, or unintended third parties as a result of your estate plan not providing clear instructions.

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Michael McGirr Michael McGirr

Who Else Has a Right to Your Land?

Billboard and cell tower uses can be financially beneficial and can have a positive impact on deal cashflow. However, you, as the investor, need to be aware of all of the impacts such uses will have on your investment.

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Michael McGirr Michael McGirr

Investment Properties in HOAs

Perhaps more than any other state, Arizona is rife with homes that are located within communities governed by homeowners or community associations. There are a lot of advantages and also some disadvantages to purchasing an investment property within a community association. The purpose of this article is to briefly explain the legal basis of community associations, then review a few of the considerations investors should have when investing in a community association property.

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Michael McGirr Michael McGirr

How do I Avoid Probate?

The probate process is a legal proceeding by which the court tries to determine whether someone who has died has a will, what assets they have, and to whom those assets should be distributed. In Arizona, probate comes in two flavors, informal and formal. An informal probate is for smaller estates (generally less than $75,000) and estates unlikely to have any disputes among the heirs. The costs for these types of probate proceedings are relatively low, and the state requires very little oversight of the estate representatives in the administration of the estate. Most of these cases get resolved with only a couple of court filings and less than $1,000 in expenses.

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Michael McGirr Michael McGirr

EVICTION MORATORIUM: DOES THE FEDERAL GOVERNMENT HAVE THE AUTHORITY TO KEEP YOU FROM EVICTING TENANTS

In its opinion, the Supreme Court ended with this: “If a federally imposed eviction moratorium is to continue, Congress must specifically authorize it.” On September 17, 2021, Elizabeth Warren and Cori Bush introduced a bill that would give the Department of Health and Human Services the authority to impose a national eviction moratorium. While the bill looks unlikely to pass at this time, we should still look at how we’d oppose such a law if it did ever come to pass.

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