By Bill Bronchick

There are over 80 million lawsuits filed every year in the United States. Landlords and real estate investors are especially susceptible to liability. Are you a target? Are your assets easy to locate? Is your real estate titled in your name?

You wouldn’t walk around with a financial statement taped to your forehead would you? So why would you have your most valuable assets exposed to public scrutiny? Anyone can go down to the county courthouse or recorder’s office and look up the owner of any property. Real estate records are now computerized, so all of your real estate holdings can be located at the touch of a button!

Any mortgages on your property will be recorded as well. Most recorded mortgages will state the amount of the original principal balance and the date the mortgage payments began. All one has to do is figure out the balance of your mortgage and subtract that amount from the market value of your house. Bingo! Now they know how much equity you have and hence whether suing you is worthwhile.
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by William Bronchick, JD

You can’t expect to reduce your risk of getting sued to zero, but you can take steps to reduce your risk as much as possible. In any situation where your money is at risk, ask yourself, “Is there a better way?”

Know the legal and financial risks of the situations in which you place yourself, your business, your family, and your assets. Without covering every issue involved, here are a few common mistakes that investors make–novice and experienced alike.

Poor legal forms

It’s amazing how short-sighted novice investors can be when it comes to shelling out money for good legal contracts. They often buy contracts at discount office supply stores, from Internet websites, or borrow them from friends. However, a real estate deal is only worth the paper it’s written on.
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Have you ever had a tenant leave in the middle of the night or the middle of an eviction? Did you ever wonder what to do? Basically when a tenant abandons the property, you do not need to file an eviction or wait for the sheriff. You can change the locks. As for the tenant’s stuff, in most states you can simply toss it. You should check your state or local law to see what your legal obligation is to store the items for the tenant.

However…

If you are not certain whether the tenant has abandoned the property, you should not change the locks. If you have the keys, you could enter the premises, but knock first. Whether or not the tenant has abandoned is often a judgment call, looking at a combination of factors, such as:
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by Dan Auito

This report will give you perspective and understanding in the realm of your tenant’s mindsets and Modus of Operandi. It’s looking at their situation from their point of view as well as your own.

It goes without saying but I will say it anyway. The better you understand your tenants and their personal situation, the better you can serve their needs and your own. Notice that your needs come after your tenants. Always put your tenants’ needs before your own and they will buy real estate for you in return. That’s a fair trade. Take it!

Many cold-hearted, self-serving, money-grudging, wanna-be landlords don’t understand human nature. Let me tell you right now, if you can’t put yourself in another person’s shoes and see a problem from that person’s perspective with empathy, you will fail miserably in the “landlording” business and in life. Wise up!
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This article was re-printed from the Denver Post, dated July 13, 2008 by Tom LaRoque.

Landlords incur risks from all sides. They are often seen as wealthy, particularly by the people who write them monthly checks. Their tenants have ample opportunity to develop grievances, real or invented.

The risks call for self-protection, said lawyer William Bronchick. Among all professions, landlords face the greatest threat of being sued, he said.

An active real estate investor and president of the Colorado Association of Real Estate Investors, Bronchick sells do-it-yourself software to help savvy property owners protect themselves with the right legal structure. It is one of several products sold for that purpose.

The right legal structure, he said, often includes a land trust. Such an agreement allows one party, called the trustee, to hold ownership of property for the benefit of another, called the beneficiary.
Land trusts offer several advantages to property owners under the broad headings of privacy, protection from liability, and tax minimization, according to Bronchick.
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