8
Investment Property Update A Global Reach By James Joseph Century 21 Ambassador Apartment Specialist DRE#00819837 (800) 874-0715 I was born and raised in Tokyo, Japan by Christian parents who are still missionaries there to- day. After eighteen years with them, I left Japan and came to La Mirada to attend college. Because I had spent so much of my life in another country, I felt like a foreigner in the States. I even remember taking my real estate exam and not knowing some of the English words in the text. I joined Century 21 in 1981 and started my career in the real estate business. Shortly after that I worked for corporate headquarters as a translator to help bring Century 21 to Japan. The idea of marketing real estate with an eye to the global buyer has always seemed natural to me. When we travel overseas and want to purchase an item, have a meal, or need some help (whether we admit it or not), we prefer brands that we know. They make us feel comfortable and reas- sure us as to our expectation of the level of services we are to receive. Real estate is no differ- ent. I have worked with Century 21 Japan for over twenty-two years and I can tell you that the Japanese real estate buyer PREFERS to work with Century 21 because they know the brand. I remember picking up a friend from the airport a few years ago and chuckling as his son, spotting a Denny’s restaurant, said to his father, “Dad, they even have Denny’s here in America!” For him, Denny’s was a brand that he knew and felt comfortable with, and he thought it was a Japanese brand. Century 21 is now in forty- three nations. Chances are the buyer who is willing to pay you the highest price and give you the best terms is a foreigner. That buyer may come from Mexico, England, Japan, Germany, or one of the other thirty-nine nations in which Century 21 is present. Buyers are looking overseas for better returns just like many Californians are looking across state lines for the best deals. I think it is wise to put properties, such as your apartment build- ing, within reach of those buyers. When you hire me you will get marketing on a level that cannot be matched. Not only will your apartment building be seen by your local apartment owners, by those in your region, and by buy- ers statewide, but it will also be marketed nationally and globally. Perhaps one of my gold-jack- et colleagues in Japan may make the best bid for your apartment build- ing when you are ready to sell. What do you have to lose? Why deny yourself the global com- ponent of apartment building marketing? What if the buyer who would pay you the highest price and give you the best terms right now is ten time zones away, sitting across the desk from a Realtor with a Gold Jacket and looking for an apartment building like yours? Don’t you think you owe it to your- self to make sure that your property is at least available to that buyer? I encourage you to make sure that when the time comes to sell your apartment building, your REALTOR has a plan to market to buyers overseas. I can make sure that buyers in forty-three coun- tries know that your apartment building is open for bidding. Feel free to call me at (800) 874-0715, or contact my assistant via e-mail at [email protected]. Visit me at josephapartments. com and jjipu.blogspot.com. In This Issue Exciting News 2 Interview 2 Listings 4 Laws 6 Directory 7 How to Get Sued: Sure-fire Methods to Destroy Your Rental Property Value By Candy Livesey Century 21 Ambassador Property Management Director My past articles have concentrated on ways to im- prove your property, increase the value of your asset and to inform you of landlord/ tenant laws. Professional property managers assume all landlords want to be suc- cessful, earn more money, and to provide a valuable service to the tenants living in their rental properties. For those landlords that do not strive to provide a valu- able service to their tenants, for landlords that want to ensure that their property decreases in value, for land- lords that want to avoid success and lose money, for landlords that want to make sure drugs and drug dealers are welcome to live in their rentals and for landlords that enjoy spending money on attorney fees and court costs, this article will give you the strategies to obtain those goals and to succeed beyond what you thought possible. 1. There is no reason for landlords to know what his rights and responsibilities are under the law, even though the landlord/ ISSUE #1107.03 THE ONE SOURCE FOR ALL OF YOUR INVESTMENT PROPERTY NEEDS Easement & Enroachments. The difference between the legal and illegal use of your property. See Page 6. Featured Article tenant affiliation is a business governed by law. Therefore, totally ignore all of your landlord rights and duties under the laws of the state and federal government. By ignoring such laws you can claim igno- rance, and hire your attor- ney at the last minute to rescue you and pay your attorney to join you for Visit Jim’s Blog for up to the minute real estate information at www.jjipu.blogspot.com Become a Fan of the Investment Property Update on Facebook.com “Not only will your apart- ment building be seen by your local apartment owners, by those in your region, and by buyers statewide, but it will also be marketed nationally and globally.” continued on page 3 lunch when you spend the day in court. 2. Landlords save a lot of money by making all repairs with a bottle of spray foam sealant. Although repairs and maintenance are one of the largest expenses for land- lords, just imagine the huge savings if instead of painting or replacing broken or worn out items, you simply spray a burst of foam sealant on them. There is no need to hire a contractor and you just carry a can with you at all times. What could City Code Enforcement Officers, Fair Housing, renter’s rights orga- nizations or your tenant possi- bility do to you anyway? What you don’t know can’t hurt you. 3. Always tell your tenant everything he needs to know; therefore you don’t need to put anything in writing. Oral agreements are more reliable, as you can attest to the fact that TRAVELING WITH THE IPU Julia Lee at a Buddhist temple in Tokyo, Japan. Thanks for taking us along, Julia! Take a photo with the IPU on your next trip, and either mail or e-mail us a copy. Email your photo with “Traveling with the IPU” in the subject line to: [email protected]. Or you can mail a copy to Century 21 Ambassador, Attn. Michael, 15201 Leffingwell Rd., Whittier, CA 90604. We can not return your photo, so please send a copy. Investment Property Update THE ONE SOURCE FOR ALL OF YOUR INVESTMENT PROPERTY NEEDS Los Angeles County 15201 Leffingwell Rd. Whittier, CA 90604 “While most other landlords strive to have a thorough working knowledge of landlord/tenant laws to avoid losses and to read the warning signs of impending problems, you can just ignore how the law works in landlord/ tenant matters.”

May 2011

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Page 1: May 2011

Investment Property Update

A Global ReachBy James Joseph

Century 21 AmbassadorApartment Specialist

DRE#00819837(800) 874-0715

I was born and raised in Tokyo, Japan by Christian parents who are still missionaries there to-day. After eighteen years with them, I left Japan and came to La Mirada to attend college. Because I had spent so much of my life in another country, I felt like a foreigner in the States. I even remember taking my real estate exam and not knowing some of the English words in the text. I joined Century 21 in 1981 and started my career in the real estate business. Shortly after that I worked for corporate headquarters as a translator to help bring Century 21 to Japan. The idea of marketing real estate with an eye to the global buyer has always seemed natural to me. When we travel overseas and want to purchase an item, have a meal, or need some help (whether we admit it or not), we prefer brands that we know. They make us feel comfortable and reas-sure us as to our expectation of the level of services we are to receive. Real estate is no differ-ent. I have worked with Century

21 Japan for over twenty-two years and I can tell you that the Japanese real estate buyer PREFERS to work with Century 21 because they know the brand. I remember picking up a friend from the airport a few years ago and chuckling as his son, spotting a Denny’s restaurant, said to his father, “Dad, they even have Denny’s here in America!” For him, Denny’s was a brand that he knew and felt comfortable with, and he thought it was a Japanese brand. Century 21 is now in forty-three nations. Chances are the buyer who is willing to pay you the highest price and give you the best terms is a foreigner. That buyer may come from Mexico, England, Japan, Germany, or one of the other thirty-nine nations in which Century 21 is present. Buyers are looking overseas for better returns just like many Californians are looking across state lines for the best deals. I think it is wise to put properties, such as your apartment build-ing, within reach of those buyers. When you hire me you will get marketing on a level that cannot be matched. Not only will your apartment building be seen by your local apartment owners, by those in your region, and by buy-ers statewide, but it will also be marketed nationally and globally. Perhaps one of my gold-jack-et colleagues in Japan may make the best bid for your apartment build-

ing when you are ready to sell.What do you have to lose? Why deny yourself the global com-ponent of apartment building marketing? What if the buyer who would pay you the highest price and give you the best terms right now is ten time zones away, sitting across the desk from a Realtor with a Gold Jacket and looking for an apartment building like yours? Don’t you think you owe it to your-self to make sure that your property is at least available to that buyer?

I encourage you to make sure that when the time comes to sell your apartment building, your REALTOR has a plan to market to buyers overseas. I can make sure that buyers in forty-three coun-tries know that your apartment building is open for bidding. Feel free to call me at (800) 874-0715, or contact my assistant via e-mail at [email protected]. Visit me at josephapartments.com and jjipu.blogspot.com.

In This Issue

Exciting News 2Interview 2Listings 4Laws 6Directory 7

How to Get Sued: Sure-fire Methods to Destroy Your Rental Property Value

By Candy LiveseyCentury 21 AmbassadorProperty Management Director

My past articles have concentrated on ways to im-prove your property, increase the value of your asset and to inform you of landlord/tenant laws. Professional property managers assume all landlords want to be suc-cessful, earn more money, and to provide a valuable service to the tenants living

in their rental properties. For those landlords that do not strive to provide a valu-able service to their tenants, for landlords that want to ensure that their property decreases in value, for land-lords that want to avoid success and lose money, for landlords that want to make sure drugs and drug dealers are welcome to live in their rentals and for landlords that enjoy spending money on attorney fees and court costs, this article will give you the strategies to obtain those goals and to succeed beyond what you thought possible.1. There is no reason for landlords to know what his rights and responsibilities are under the law, even though the landlord/

ISSUE #1107.03THE ONE SOURCE FOR ALL OF YOUR INVESTMENT PROPERTY NEEDS

Easement & Enroachments. The

difference between the legal and illegal use

of your property. See Page 6.

FeaturedArticle

tenant affiliation is a business governed by law. Therefore, totally ignore all of your landlord rights and duties under the laws of the state and federal government.

By ignoring such laws you can claim igno-rance, and hire your attor-ney at the last minute to rescue you and pay your attorney to join you for

Visit Jim’s Blog for up to the minute real estate information at www.jjipu.blogspot.com

Become a Fan of the Investment

Property Updateon Facebook.com

“Not only will your apart-ment building be seen by your local apartment owners, by those in your region, and by buyers statewide, but it will also be marketed nationally and globally.”

continued on page 3

lunch when you spend the day in court.2. Landlords save a lot of money by making all repairs with a bottle of spray foam sealant. Although repairs and maintenance are one of the largest expenses for land-lords, just imagine the huge savings if instead of painting or replacing broken or worn out items, you simply spray a burst of foam sealant on them. There is no need to hire a contractor and you just carry a can with you at all times. What could City Code Enforcement Officers, Fair Housing, renter’s rights orga-nizations or your tenant possi-bility do to you anyway? What you don’t know can’t hurt you.3. Always tell your tenant everything he needs to know; therefore you don’t need to put anything in writing. Oral agreements are more reliable, as you can attest to the fact that

TRAVELING WITH THE IPUJulia Lee at a Buddhist temple in Tokyo, Japan. Thanks for taking us along, Julia!

Take a photo with the IPU on your next trip, and either mail or e-mail us a copy. Email your photo with “Traveling with the IPU” in the subject line to: [email protected]. Or you can mail a copy to Century 21 Ambassador,

Attn. Michael, 15201 Leffingwell Rd., Whittier, CA 90604. We can not return your photo, so please send a copy.

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“While most other landlords strive to have a thorough working knowledge of landlord/tenant laws to avoid losses and to read the warning signs of impending problems, you can just ignore how the law works in landlord/tenant matters.”

Page 2: May 2011

Issue # 1107.03 Contact James Joseph today for your investment property needs! Phone: 562.236.0088 Email: [email protected]

At Downstream, everything you need is all in one place.

Q: How do I know you’re not just going to take my money and run?Derek: Besides our sterling reputation, you can be certain we won’t run away with your money because we’re not a young company. We’ve been in business since 1979. Also, we have more to lose. Since

the majority of us have professional de-grees, there are greater ramifications for us if we try to take your money and run. I could be disbarred, the DRE could come after me, etcetera. I’d be completely ru-ined for the rest of my life.

Q: Are you fully bonded? Why is that important?Derek: Yes we are fully bonded, and

By James JosephCentury 21 AmbassadorApartment Specialist DRE#00819837 / (800) 874-0715

After being on the internet since 1995 and surfing the web with one foot in the water, I believe I have finally stumbled across a very exciting tool that will allow me to communicate with you better. As you read this, pick up your newspaper and go over to your computer. Are you there yet? Good. Now open up your browser

tization chart.)• A chart showing the direction of current interest rates• Business Week real estate articles• Wall Street Journal real estate articles• New York Times real estate articles• Los Angeles Times real estate articles• Orange County Register real estate articles• Much, much more.I’ve accumulated dozens of publications that you respect and admire, and which provide you with information pertaining only to real estate. I hope you are as excited about this as I am. On the left hand side are my blog posts, which are short articles about my thoughts on the business. If I find an article that is relevant or interesting, I’ll post it and comment on it. I read three papers a day and when I travel I’ll read doz-ens of publications. I always come across articles and think to myself, “I wish I could share this with my clients.” Since this publication goes to thousands of apartment owners in Southern California, there’s no way I could do this . . . until now.

There is no doubt in my mind that spending a few minutes on this website every day will give you everything you need to know as you navigate the ups and downs of the real estate in-

dustry. More importantly, you owe it to yourself to invest a little bit of time on this one single website and efficiently accumulate all the data you need. You will find yourself for-warding incredible articles about the real estate industry to family, friends, your CPA, your tax attorney, your real estate advisors, and you will become the most knowledgeable per-son in your sphere of influence when it comes to real estate. And if that wasn’t simple enough, you can also sub-scribe to the blog. On the right hand side of the blog, third from the top, you will notice a place to enter your email ad-dress. If you enter your email address and then type in the corresponding letters when it prompts you, you will have my updates three-times a week delivered directly into your email box, reminding you to check the headlines. Before you put this newspaper down, go on the in-ternet, type in www.jjipu.blogspot.com and open yourself up to an entirely new way of receiving critical real estate data that you need. My job is to find great real estate properties for you to consider and to market your apartment building when the time is right for you. If you have any real estate needs, I’m only a phone call, a click, or a visit away. When you think of finding a buyer for your apartment building, or when you think of looking for an apartment to buy, please contact me. I would love to be able to handle your investment needs.

Sincerely,James Joseph

2 Vendor Interview INVESTMENT PROPERTY UPDATE

Exciting News

Answers by Derek Philips / (800) 743-1031Interview by Michael Dinsmoor

Q: How long have you been in the tax deferred exchange business?Derek: As a company, we’ve been in business since 1979.

Q: What did you do before you worked for Downstream Exchange?Derek: I worked at EarthLink supervising a customer service and technical support team.

Q: What makes Downstream better than oth-er exchange companies? Why would a client want to do business with you instead of any other exchange company out there?Derek: At Downstream Exchange, most of our accommodators are also attorneys and real estate brokers, which sets us apart from other exchange companies. Furthermore, the presi-

Interview with Downstream Exchange

“You will benefit not only from all of the major newspaper and television sources, but alos from my own collecting data as it pertains to the eal estate industry”

“Using an accommodator is a ‘safe harbor’ for an exchange under the regulations. Ac-commodators can prevent the mistakes that complicate the process of the exchange and could cost you money.”

continued on page 5

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and type in www.jjipu.blogspot.com. I’m in no hurry, so take your time. Are you ready? Great. When the site opens, you will find everything you need to know about real estate locally, regionally, statewide, and nationally. I have assembled the world’s greatest me-dia sources onto one page, and I’m call-ing it the Drudge Report or the ESPN.com of real estate. This is your one stop shop. Everything you need is here. I can prom-ise you that spending five, ten, fifteen minutes every day on this site will update you on everything you need to know about your apartment investment. Rather than spending a small fortune buying all of the real estate pub-lications out there, and rather than wast-ing time in front of your T.V. set waiting for the commercials to be over so you can hear the latest real estate news, you will be able to read all the latest bits of data regarding real estate in one sitting, on one website. I’m very excited about this. Fi-nally I’m able to provide for you, my cli-ent, everything you need. There are a couple of interesting features.• A mortgage calculation table (You punch in the rate, the length of time of loan, and the loan balance, and right in front of you will be a very attractive amor-

dent of our company is a CPA with two Masters Degrees, and he specializes in real estate transactions. This means we can give clients more information than most other exchange companies are able to give. Only tax professionals are able to give tax advice. Other companies may employ CPAs and Attorneys, but they won’t be the people you’ll talk to on the phone. For difficult tax and legal ques-tions, most accommodators will refer your questions to the client’s CPA or at-torney. At Downstream, the people you are talking to are CPAs and attorneys.

If you have any questions, call (800) 874-0715

Page 3: May 2011

Issue # 1107.03 Contact James Joseph today for your investment property needs! Phone: 562.236.0088 Email: [email protected]

INVESTMENT PROPERTY UPDATE PROPERTY VALUE 3

you told your tenant in person, face-to-face. Just thinking about all of the terms and conditions of your rental agreement is good enough. When rental agreements are not in writing, and made orally, all you have to do is tell the Judge what he wants to hear (you can fudge a little and the judge will certainly always believe you, right?).4. It is cheaper to let your tenant make repairs and to paint the rental unit for a small rent deduction. First of all, tenants prefer to paint their walls fluorescent green with black stripes, and that color combination will surely attract new ten-ant’s to the property. Also, fluorescent paint brightens up the room and landlords won’t need to put light bulbs in each light socket, therefore saving the costs of addi-tional light bulbs and electricity charges. Should the tenant fall from a ladder while painting the ceiling of the rental unit, you have no worries about li-ability or being sued. According to your personal rules, landlords don’t have to provide Workers’ Compensation insur-ance to tenants. That is why you only rent to tenants with regular jobs so the tenant’s employer will provide medical insurance to cover their medical costs. Landlords only need Workers’ Compen-sation insurance for their employees and certificates of Workers’ Compensa-tion Insurance from service providers. When you give a rent allow-ance to a tenant, it is always far less than having to hire an employee at minimum wage. It will also save the Landlord time having to inspect the

work done by an outside contractor. As long as the tenant is happy, the Landlord doesn’t need to be bothered with inspecting the completed work.5. Security Deposit funds are just a source of “hidden” income to the prop-erty owner. When a tenants pays a security deposit, just put the money in your pocket and spend it as needed. Since security deposit funds are not tax-able income, just spend it on anything you want. There is no reason to give thought to the efforts of our state legis-latures that enacted laws pertaining to the return of security deposits funds to tenants after they vacate your property. After all, once a tenant has moved, you don’t have any way to hand them a refund check any way. Once a tenant has moved away, they will prob-ably forget all about you and the refund of their security deposit. The chances of a former tenant suing you are so small, you shouldn’t be bothered. Even if the tenant does sue, why would any fair-minded Judge impose any civ-il penalties for willfully violating that law? There is nothing willful about pocketing that money in the first place. You could just tell the Judge you used the money to renovate the apartment for the next tenant that plans to move-in. Anyway, you still had to replace the 18 year old car-pet for $1,500 (even though this tenant was only in the apartment for 1 year). Their deposit was only $1,200, PROBLEM SOLVED! You can even use the next tenant’s security

deposit to install a working stove so you can put the two-burner hot plate in another one of your rental units.6. It is easier to get new tenants to move into your vacancies when you keep your security deposits well below reasonable levels. When landlords are striving to achieve the highest level of failure, large security deposits are de-signed to minimize the landlord’s loss-es due to unpaid rent and/or damages. It is far better to let a new tenant move into the property without paying a de-posit at all. Better yet, just let the ten-ant pay it after Christmas and tax time, to ensure that the tenant has enough money to pay for Christmas gifts and to pay the IRS for taxes that are due. 7. Never raise the rent once a ten-ant moves into one of your rental units. Since all other landlords fre-quently give tenants rent increases in small amounts designed to keep up with market rates, your ten-ants will never have cause to dis-like you. You can pride yourself in being liked by all of your tenants. Should there come a time you need to raise the rent, under no circumstances should you ever raise the rent more than 75% of market rent. By keeping your rents at least 25% below market, you can continue to be liked by all of your tenants. The best rent increases should be so ri-diculously small in comparison to the cost of moving, so that the tenant is likely to pay them without resistance. In closing, each of these

strategies will ensure you end up in court and will decrease the val-ue of your investment property. I hope that these examples show just how important it is to each and ev-ery landlord to do the following:

1. Be familiar with all landlord/tenant laws and regulations2. Protect and increase the value of your property3. Maintain your property4. Maximize the income from your in-vestment.

continued from page 1

Candy Livesey is the Manager for the Century 21 Property Management division. Candy’s office is located in the city of Whittier. If you would like more information about property management, you can call Candy toll free at (562)-236-2177, or visit online at www.C21PM.com.

Page 4: May 2011

Issue # 1107.03 Contact James Joseph today for your investment property needs! Phone: 562.236.0088 Email: [email protected]

24426 Eucalyptus Ave., Moreno Valley5 Units3 Bed/ 2 Bath$799,999

1275 W. Grand Ave., Pomona2 Units3 Bed/ 2 Bath$36,000

545-589 Weber St., Pomona12 Units4 Bed/ 3 Bath$1,149,990

13824 Christine Dr., Whittier8 Units4 Bed/ 3 Bath$1,149,999

1516 Junipero, Long Beach2 Units3 Bed/ 2 Bath$200,000Backup Offers Only

1733 W. 62nd St. Los Angeles4 Units1 Bed/ 1 Bath$36,000Backup Offers Only

ALHAMBRA6 units $900,0006 One Bedroom+One Bath Units! Remodeled From the Foundation up in 2004!

ANAHEIM4 units $251,0004-plex income property. Live in one and rent out the others! Front unit has 2 bedrooms, 1 bath, other units are studios.

4 units $560,000Great Investment Opportunity, Easy to Own and Manage. 4 Units with Garages and onsite Laundry room.

4 units $600,000Single story building with 4 units - one unit has 3bed/1ba, two units have 2bed/1ba and one unit has 1bed/1ba.

ARCADIA11 units $2,590,000This is a wonderful Arcadia offering units. There are 3 buildings, Front is house 2BR,1BA has central air/heat. units A-E are townhouse style 2 story with 2BR, 1.5 BA each.

BUENA PARK4 units $749,888Nice four-unit with long term tenants and great income. Good investment! Each units has its own address and meters. Units 6141, 6151, 6143, and 6153.

COSTA MESA4 units $1,200,000Walking distance to the restaurants and shops of 17th street, this nice income property offers four comfortable units on the quiet 300 block of Cabrillo.

DOWNEY8 units $1,400,000Pride of Ownership!! Beautiful units built in 1985 in a desirable area. Two 3 brs-2 baths and six 2 brs-2 baths (two are 2 story-townhouse style).

FULLERTON4 units $674,900The subjet property is a 4-unit single story apartment builing 2Bedrooms 1Bath, each unit has its own laundry area,cul-de-sac location,surrounded by other four-plex apartment buildings.

6 units $685,000REO-Bank Foreclosure *Seller Financing for Qualified Buyer *Majority Teo Bed-rooms *Excellent Rental Location *Garages *Laundry

FOUNTAIN VALLEY4 units $1,200,0004 units residential income located in FV. Walking Distance to park and shopping.

LA HABRA36 units $4,950,000Vista Gardens apartments, very large and well kept spacious La Habra units, 4-3 bed 2 bath rents for $1,375, 6-1 bed 1 bath rents for $900, 26-2 bed 1 bath rents for $1,200, and 1 studio rents for $800 not permited.

MONTCLAIR4 units $435,000Standard Sale!!! Beautiful 4 Plex in gated community.

4 units $498,000Investor’s Dream!! Gated Income Property. Each unit has 2 Bedrooms and 1 Bathroom.

NORWALK4 units $545,000Great investment opportunity in a high demand area.

4 units $456,500This 4-Plex is in fair condition, each unit has 1 bedroom, 1 bath and 1 single car garage.

POMONA30 units $3,450,00030 Rental units surrounded by well-maintained interiors & exteriors, grounds, a clean pool and a quiet neighborhood. Long term tenants, Close to the famous and well known L.A. County Fair.

SANTA ANA4 units $670,000Excellent investment opportunity.

WHITTIER7 units $925,0007 units across from John Greenleaf Park in Uptown Whittier area.

4 LISTINGS INVESTMENT PROPERTY UPDATE

Disclaimer: The information in this newsletter is believed reliable but is not warranted or guaranteed. Before any reliance or use, theis information should be independently verified.

To advertise your property in the IPU, call Michael Dinsmoor at (562) 236-0117

The Investment Property Update is on Facebook.com. If you would like updated information and posted articles from the IPU on Facebook, become a fan today. It’s easy! Once you are logged in, type Investment Property Update in the search field at the top of the page. You will find our fan page. Click on the link to become a fan. We will post articles as well as never before seen articles, videos, and interviews with our vendors. You will find that this a great tool to help you keep up-to-date with investment property information.

Find the IPU on www.facebook.com

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Page 5: May 2011

Issue # 1107.03 Contact James Joseph today for your investment property needs! Phone: 562.236.0088 Email: [email protected]

investment or business property.

Q: What is the biggest mistake you see Investment Property Owners making when trying to do an exchange?Derek: Changing how they hold title to the property during the exchange. Some will try to sell as individuals, but buy as a corporation, or add new indi-viduals to the replacement property.

Q: What is the fastest way for an owner of investment property to get in trouble with the IRS during a 1031 exchange?Derek: Not using an accommodator is a pretty easy way to get yourself in trouble.

Q: Is there anything else you want the readers of the IPU to know about you or your company?Derek: By using Downstream Ex-change, you will get the greatest range of professional options, services, and alternatives.

INVESTMENT PROPERTY UPDATE INTERVIEW 5

got lazy money?

What do you want to do with your underperforming “Lazy” Money?If you are not sure – let us display what we would do if we were you – for no cost.

Get your money off of the couch and give us a call: 800.692.6064 x222

www.MCL1031.comEXPERIENCE MATTERS!

Michael Dinsmoor is the managing editor for the Investment Property Update. She received her B.A. in English from Biola University in 2007 and her Masters of Fine Arts in Creative Writing from Chap-man University in 2010.

continued from page 2that’s because it’s the only solid protection a property owner has dur-ing an exchange. At Downstream, every dollar is insured. Banks will only insure your money up to $100,000, but we place your funds at an institution that will in-sure every dollar.

Q: Why do I have to use an accommoda-tor? Why can’t I do it myself, or have a friend help me?Derek: Using an accommodator is a “safe harbor” for an exchange under the regulations. Accommodators can pre-vent the mistakes that complicate the process of the exchange and could cost you money. It’s amazing to me all the different ways someone can destroy an exchange, so it’s good to have a profes-sional there to prevent those mistakes. You can have an unrelated friend facili-tate your exchange, but that person will probably not understand any of the com-plexities or potential pitfalls.

Q: How do you make sure you stay up-to-date on current tax laws?Derek: We stay up to date through our various professions by attending legal, accounting, and real-estate seminars that deal with current tax laws. Down-stream is also a member of the

Federation of Exchange Accommodators (FEA), and they send out regular notices with any information that pertains specifically to 1031 exchanges. We also subscribe to several tax reporting services and can research is-sues online.

Q: Have you ever done an exchange on a property you owned personally, or on the property of a close relative or friend?Derek: Yes, Downstream employees have helped plenty of friends and relatives through exchanges. The president of our company, who is my father, recently did an exchange for the business of a friend of his.

Q: Is there ever a time when an exchange is not in the best interest of the property own-er?Derek: Absolutely, and there are plenty of accommodators who won’t tell you that the exchange isn’t right for you. I once spoke to a woman who attempted to accomplish an ex-change with another accommodator that was of absolutely no benefit to her.

Q: Is there a difference between the type of exchange you do on a single family residence and a multi-family investment property?Derek: No. Any real property held in con-nection with a trade, business, or investment property can be exchanged for another

Page 6: May 2011

Issue # 1107.03 Contact James Joseph today for your investment property needs! Phone: 562.236.0088 Email: [email protected]

6 LAWS INVESTMENT PROPERTY UPDATE

By Michael Dinsmoor

Q: What is an easement?A: An easement is what allows a person or persons to legally use your property for a specific purpose. For example, ease-ments are often granted to telephone companies or public utility operators for things such as running telephone lines on or under your property. If you share a common driveway with your neighbors, that is also an easement.

Q: Is a ‘right of way’ the same thing as an easement?A: A right of way is a type of easement. Property owners can grant right of ways so others can travel over or enjoy their property, so long as those who are visit-ing the property do not interfere with the owner’s use and enjoyment of the prop-erty. Right of ways can be very beneficial for a community.

Q: When does the use of my property become an encroachment instead of an easement?A: Easements can be both beneficial and inconvenient. The easement or right of way on your property may be helpful for the community in allowing others to enjoy your land, but it can also bring problems. People who travel across your land may unintentionally cause damage to your property. If you purchased the property with the easement already on it, then you inherit the easement with the property. An encroachment is when some-one enters onto your property without authorization, meaning there was no easement in place to allow that person to enter your property. Legal action may be taken against someone who encroaches

upon your land, and you may be able to recover damages if the en-croacher damaged your property.

Q: My neighbor has easement rights on his land, and his property is directly next to mine. If he sells his property, is there any way I can obtain control of the easement on his property before or after he sells?A: Unfortunately the only way to gain control of the easement is to purchase the land to which it ap-plies. If you really want the ease-ment, you may have to purchase your neighbor’s land. In cases where there is a dispute between you and the owner of the easement, it is best to try to address the issue with your neighbor as politely and carefully as possible. But first, to make sure you cannot later be accused of trying to interfere with the sale of your neigh-bor’s land, it is best to get the advice of an attorney.

Michael Dinsmoor is the managing edi-tor for the Investment Property Update. She received her B.A. in Eng-lish from Biola University in 2007 and her Masters of Fine Arts in Creative Writing from Chapman University in 2010.

Easements and Enroachments

Philippians 4:8-9Finally, brothers, whatever is true, whatever is noble, whatever is right, whatever is pure, whatever is lovely, whatever is admirable—if anything is excellent or praiseworthy—think about such things.

Philippians 4:8-9Finally, brothers, whatever is true,whatever is noble,whatever is right, whatever is pure, whatever is lovely,whatever is admirable—if anything is excellent or praiseworthy—think about such things.

Page 7: May 2011

Issue # 1107.03 Contact James Joseph today for your investment property needs! Phone: 562.236.0088 Email: [email protected]

Issue# 904.03

15InvestmentProperty Update

Contact James Joseph Today for your investment property needs. Phone: 562.236.0088 Email: [email protected]

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it is sold by the ton. A forest will add 13% of ton-nage every year – so a compounded 13% growth rate is built into this product. Given this “built-in” growth, timber’s long track record of beating infla-tion and the shorter list of alternatives in this tough economy, timber is where I am making my next in-vestment. If you are looking for a good place to invest for growth and income during these tough times, perhaps timber is right for you too.

Christopher Miller is a Senior Consultant with Midpoint Financial Services in Tustin, California and specializes in tax-advantaged investments including 1031 replacement properties. Chris’ real estate expe-rience includes work in commercial appraisal, in insti-tutional acquisitions for a national real estate syndi-cator, and as an advisor helping clients through over two hundred 1031 exchanges. Chris has been featured as an expert in several industry publications and on television, is a candidate for the CCIM designation, and earned an MBA emphasizing Real Estate Finance from the University of Southern California. Call him toll-free at (877) 313 – 1868. This is neither an offer to sell nor a solicitation of an offer to buy an interest in any properties. Offers are made solely pursuant to a Confidential Private Place-ment Memorandum.

Investing in Timbercontinued from previous page

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Editor-In-Chief: Michael Dinsmoor Publisher: James Joseph Director of Circulation: Lisa Weber Circulation Staff: Chela Arredondo Advertising Director: Michael Dinsmoor

INVESTMENT PROPERTY UPDATE DIRECTORY 7

Main Office: 15201 Leffingwell Rd. Whittier, CA 90604 Phone: (562) 236-0117 Fax: (562) 236-0139

Page 8: May 2011

Contact James Joseph Today!

CALLToll Free

(800) 874-0715

[email protected]

MAILJames Joseph

15210 Leffingwell Rd.Whittier, CA 90604

FAX(562) 236-0139

James JosephApartment SpecialistR.E. Lic. # 0081937

BUYING & SELLING MADE EASY!5 Steps to Buying & Selling

Buying1. If you would like to receive information about a listing, call James Joseph’s Executive Assistant Lisa at (800) 874-0715.2. Fill out a NO OBLIGATION Buyer Representation Agreement and return it to Lisa.3. Along with additional property details, we may have you sign a pre-qualification letter with our lender, and Bruce Jones will offer you a Free Tax Analysis. 4. If you decide to purchase the property, we will send you a one-page offer letter to fill out and return back to us to begin negotiations.5. Let James Joseph handle the rest.

Selling1. Fill out the PVA Card and return it to us. You will receive a NO OBLIGATION current market analysis of your property.2. Lisa will contact you about the particulars of your property and will schedule an appointment for you with James Joseph to accomodate your schedule. 3. Come in for the appointment to go over your anaylsis, and share your desires or con-cerns with James Joseph.4. You can decide when to list your property. 5. Let James Joseph handle the rest.

I have been listing and selling Investment Properties since 1981. I am confident that I can help you with your Investment Property needs!

- James Joseph

Investment Property Update, established in 1982, is an independent investment property newspaper published monthly with an audience of local apartment owners, property managers, and local real estate agents. Viewpoints Expressed in the Investment Prop-

erty Update are those of the respective writers, and are not necesarily held by the publisher. The Investment Property Update accepts advertising from businesses desiring to reach the investment property readership. No endorsement by the publishers in

implied or should be inferred in any manner in regard to any specific advertiser. The publisher can not accept responsibility for the products or services offered through advertisements. The publisher reserves the right to refuse any advertisement. If your property is

currently listed, please disregard this notice as it is not our intention to solicit other broker’s listings.

If you would like to advertise with the IPU, Contact Michael Dinsmoor at (562) 236-0117