Drive for Show, Putt for Dough

Last week I shot a 97. That was my best round yet. I started golfing about 3 years ago, and I am enjoying the challenge. I first took lessons to learn how to hold the club and make contact with the ball, which was surprisingly difficult. I remember that accidentally breaking a club in half was the highlight of my first lesson. Yes, I was swinging hard. I was trying to show off and hit the ball farther than a friend. That was embarrassing. Travis took me to one of his favorite courses for my first 18-hole round. Once again, I thought I had to hit the ball far, so I swung hard. The ball sailed… right into a house.

It was not too long before I started consistently hitting the ball, so I recently took lessons to see if I could hit straight. I had hopes to score under 100 this year, so it was satisfying to reach that goal last week. The instructor in my recent lesson told me over and over to control my club speed and practice my short game. Keeping the ball in play by focusing on hitting it straight, instead of far, and getting better at putting, would shave several strokes off my game. “It won’t look as good as the big drive,” he explained, “but it will win you the round.” This is why they say, “drive for show and putt for dough.” A far drive looks great, but your money is made with consistency in the short game.

The same idea is true in baseball. The most valuable baseball players have high batting averages and get on base regularly. They are not swinging for a home-run every time they go to the plate. Home-runs are exciting and rewarding and fans love them, but at what expense? Big home run hitters also have high strike out rates. Focusing on just making contact with the ball to get on base helps to avoid an out, while moving runners around the diamond. This is how the best teams win games. Singles win games.

This is also true in real estate. I have one client in mind that is always swinging for a home-run. He is a great guy! He has a big heart and is a lot of fun to be around. He is also a fantastic builder and rehabber. The problem I have seen though is that he is passing on singles, so he can swing for the big one. He wants to make six figures on everyone flip, or more by doing new construction projects. He keeps waiting for the perfect deal, or he gets into trouble doing deals that are too big for him. Either way, he is not helping his cause. There seems to be a simple fix looking at it from the outside, but he has the mindset that he needs to hit it big. A short drive down the fairway or a simple base hit is not exciting enough for this experienced real estate investor.

I have another client that is only looking for base hits or the easy chip out of the trees. He is doing deals for profits in the $15,000 to $20,000 range in Denver. Some would say that is too thin, but he is doing three or four a month!! And he recently got lucky and is going to make over $100,000 on a single flip in Denver. He understands that luck behind it and is happy, but he is not setting his mind on those big pay days.

The annual income difference between these two highly capable investors is over a half a million dollars.

Even the best investors that I know work towards a simple shot off the tee. They want the easy and safe base hit over and over. Some of them have increased what they consider a base hit, but they all started small. It is a process to work up to, but no successful investor that I know is always trying to hit the home-run or the long drive over an obstacle. They take those when they present themselves but are on the hunt for the straight shot down the middle; which is why I would suggest keeping your real estate business simple and grow with it over time. Don’t do a bad deal but don’t pass on a good one. Our office is more than happy to have a conversation with you about your real estate plan or a specific deal to help guide you to success. Consistency is key. Whenever I swing my club hard looking for the big drive, I come up short. The easy swing without the pressure produces great drives. Remember… four singles without losing your ass is better than swinging big and missing.

Choosing the Best Green Home Builder

Today many people are “going green”, which means that they are becoming environmentally friendly in how they live their lives and minimizing the harm done to the earth. When some people decide to build their home from the bottom up, they decide to have a green home builder build their home. This contractor would build their home with low environmental and energy efficiency in mind. To find a green home builder you should talk to the contractors in your area. Some that will travel to your area to build your home but their services will add more expense to the cost of your home.

To ensure that you will have the best green home builder ask them what type of building material they will use. You should also inquire about their disposal methods to make sure they are in compliant with sustainability practices. The materials that they should use are non-toxic when possible, and environmentally friendly. They should also be materials that come from renewable sources, or sustainable material. This can include materials from homes that have been knocked down. This material can include old doors, cabinets, some of the wood to accent the home such as using the material for ceiling beams, and more. They should try to avoid using plastics and choose their wood carefully. You should ask to see examples of the green projects they have completed. Their construction philosophy should focus on green building. It should not just focus on using green techniques as a secondary technique. Make sure that the contract you sign states that it will be constructed from sustainable and green material.

A home builder may tell you that they are using green building techniques but it could be easy for them to start using less environmentally friendly techniques and designs to save money on materials so they can put more money in their pockets. This is why you need to be sure that they are a reputable home builder and have good references as a green construction company. They need to be knowledgeable about green techniques and processes and committed to green construction and design. If you want your new green custom built home to be built using unconventional techniques make sure the home builder can demonstrate they understand the techniques you want and can do them correctly.

Before you choose a green home builder, you should educate yourself on what constitutes a green home and the process to build one. This will help you to determine a good green home builder and to know if they are cutting corners using non-environmentally friendly material. Having a green home can save you money on heating and cooling costs, and if sustainable material is used it can save these materials from being disposed of improperly.

Overturned Mortgage Rulings Creates Chaos at the Supreme Court and Bank Stock Falls

This week has seen unprecedented Supreme Court action that has unleashed all kinds of mayhem on an internal level, not to mention the consequences this has had on the financial sector. Over the past few years we have seen thousands of court cases revolving around the financial sector and their methods when it comes to granting mortgages. The primary issue was in relation to the infamous Floor Clause inserted in mortgage agreements (in many cases without advising the mortgage holder!) but a Supreme Court ruling in favour of mortgage holders obligated banks to reimburse any benefits obtained which could be a few thousand euros per case. The secondary issue and the one this article refers to has to do with reclaiming the Stamp Duty paid on the Mortgage Deed.

In February of this year, the Supreme Court by means of its Civil Court issued a ruling that stated the mortgage holder is responsible for payment of the corresponding Stamp Duty, however, this same ruling was OVERTURNED by its own Court for Contentious-Administrative Proceedings in an unprecedented action last Tuesday 16th October 2018 and recorded under Ruling Number 1505/2018. This ruling corrects the existing ruling that was passed only a few months ago and determines that in fact the BANK and not the client/mortgage holder is responsible for payment of any Stamp Duty due when a Mortgage Deed is granted before a Notary Public. How has this come about and what was the reasoning given for this surprising turn of events?

Mrs Lourdes Amasio Díaz, a barrister who represents the company known as “Empresa Municipal de la Vivienda de Rivas Vaciamadrid S.A.” initiated an appeal to reverse a ruling against her client as recorded under Recurso de Casación 5350/2017 and this is what was considered at the Court for Contentious-Administrative Proceedings. As stated previously, this appeal made Magistrate Jesús Cudero reconsider the Supreme Courts previous ruling and side with her client. The criteria used to arrive at this decision was the fact the only interested party in registering a mortgage loan at the Land Registry Office is the bank because it is the only way they can make claims against the mortgage holder in the event of non-repayment of the loan, therefore the bank should be liable for the resulting tax.

This about-turn can seem conflictive but as it turns out when the matter was apparently resolved in February 2018 at Civil Court, the same issue was already on the table at the Court for Contentious-Administrative Proceedings which now does not hold the same point of view.

The result of last Tuesday’s ruling is a massive dip in the stock market which has affected Spain’s major banks, primarily, Bankia, Bankinter, BBVA, CaixaBank and Banco de Sabadell. The one major factor that has not been detailed in the ruling is whether the Stamp Duty for mortgages signed over the past four years can be reclaimed or whether it only applies to new mortgages. Of course, the banks interpret the ruling to apply only to new mortgages, so this point must be clarified.

It would appear the Spanish banks’ reign of tyranny is over and they are being made accountable for their one-sided dealings with their own clients, however, this ruling has stirred up a hornet’s nest and it is far from over… Not even 24 hours after this latest ruling was passed, the Supreme Court has made yet another astonishing decision to review this sentence. Mr Luis María Díez-Picazo, President of the Court for Contentious-Administrative Proceedings has decided it would be prudent to delay this ruling until other considerations can be examined. By this he is referring to the effect this has had on the stock market and what it would mean if the banks have to reimburse what experts estimate between 6.000 and 24.000 million euros.

A Plenary Session of the Court must be held within the next few weeks in which 31 magistrates must decide whether the latest ruling that determines the banks are responsible for any Stamp Duty that arises from mortgage deeds will be accepted or not. What is going to happen in the meantime? Well, in theory, a legal ruling was passed so notaries will continue to advise that according to the ruling of the 16th October 2018 and applicable from Thursday 18th October 2018, it corresponds the banks to pay the tax. The shock attempt on Friday to reverse that sentence is a mere Memo but does not qualify as legislation until such a time the plenary session decides which ruling stands.

Some clients who were due to sign for mortgage loans at Notary that Tuesday postponed their appointments until the outcome of the court case was known but even though the ruling is now debatable, Stamp Duty in the Canary Islands for example is payable within 30 days of signing the deed (in other autonomous regions the deadline is 60 days) so I expect the banks will until the last moment before paying in case they can pass that expense back to the mortgage holder.

What we have here is a split decision within the Supreme Court itself with two very different rulings issued by two different chambers. My personal opinion? A matter of this magnitude should have been determined at a Plenary Session in the first place instead of allowing two chambers to pass a sentence on different cases which has allowed this gross conflict to occur. We’ll have to see what the outcome of the Session is and hopefully it will be in favour of the little guy to help put an end to what I call the Banks’ Reign of Tyranny.