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Efurd Property Management

Email: info@efurdrealty.com »
Website: www.efurdrealty.com »

June 2011

Announcements

You've come across a can't-miss opportunity to pick up a distressed property. You think this is a great opportunity to turn it into a rental unit to cash in on someone else paying your mortgage. Before plunging into a very big purchase, let Efurd Properties help you take a look at the pros and cons of your investment. Buyer beware.


Contact Us

Cary Efurd
Cary Efurd, MPM® RMP®

Mailing Address
P.O. Box 383198
Duncanville, TX 75138-3198

Street Address
102 N. Main Street
Duncanville, TX 75116

Contact Us
Phone: 972.572.5656
Fax: 972.572.5655
Toll Free: 1.877.557.1670


Market Notes

Dallas Morning News

  • Home foreclosure rates in the Dallas area inched higher this year than from a year ago.
  • The number of local homeowners with late mortgage payments declined.
  • In February, 1.55 percent of Dallas-area homes were in foreclosure. That's up from 1.47 percent a year earlier.
  • The Dallas foreclosure rate was less than half the national average in the first quarter.
  • An additional 5.24 percent of Dallas-area homeowners with loans were 90 days or more behind in their payments. Borrowers delinquent this long are considered most likely to let their houses go into foreclosure.
  • The recent late loan rate in the Dallas area was down from more than 6 percent a year earlier. Which is less than the national delinquency rate of 7.79 percent.
  • In another report California housing analyst Clear Capital said that in the first quarter, 32.7 percent of homes for sale in the Dallas-Fort Worth area were previously foreclosed. Still, that's much less than in markets such as Las Vegas 53.7 percent; Orlando, FL,, 49.9 percent; and Phoenix, 47 percent.
  • And it's below the 37.8 percent rate of foreclosed houses for sale in the Houston area.
  • D-FW area is ranked as the fourth-highest performing major home market in the country in the first quarter because price declines here have been small and the number of foreclosed houses for sale hasn't gone up. Pittsburgh, Minneapolis- St. Paul, Louisville and Columbus are other leaders as best real estate markets in America.


The Efurd Team

Cary Efurd, MPM® RPM®
President
Master Property Manager
Residential Management Professional
Licensed Broker in the State of Texas

Debby Efurd
Chief Administrator
and Financial Officer

More than 25 Years Experience Administration, Finance, Legal

Yolanda Brooks
Realtor®
Sales Agent
More than 5 Years in Real Estate

Mary Zepeda
Realtor®
Sales, Leasing, & Showing Agent
More than 20 Years in Real Estate

Keisha Rhodes
Realtor®
Sales Agent

Jim Rogers
Realtor®
Sales and Property Management

Jennifer Travnicek
Office Manager
More than 12 Years Experience

Bobbi Ahrens
Executive Assistant
More than 6 Years Experience

Terry R. Staton
Maintenance & Repair Supervisor
More than 20 Years Construction, Electrical, Plumbing, and HVAC

David White
Maintenance Specialist
15 Years Experience
Licensed Plumber / Handyman


Our Services
  • Real Estate Services to Buyers and Sellers
  • Out of State Property Management Company Referrals
  • Maintenance and Make Ready Services for our Owners and Referring Agents

Best Practices

Check Your Insurance: Events can happen - flood, extreme heat, earthquakes, fire, and more! It is important to check your insurance to obtain the best coverage possible and ensure that it is current. Review now with your insurance agent before a disaster/emergency occurs.

If An Emergency Occurs: Please be patient and avoid tying up critical phone lines and our time. Our first priority during any emergency is to handle the situation, taking any necessary measures for the safety of your property and your tenants. Then, we will contact you as soon as we are able.


Our Associations



A Message From Cary Efurd

Dear Friends, Clients and Colleagues,

It is hard to believe that it has been 14 months since we started the discussion of the TAR residential lease. I must face the music and tell you that I have known little, learned a lot and expect that I will learn more. It has been like a home study course having received the diploma in advance. The classes I sat through to earn the credits for my broker's license, only skimmed the surface of what I have learned by going through the Texas Property Code with you, word by word.

Don't forget to order your HVAC check up. Click Here » to email us your request. The cost is $69.00 for a complete check of coil, filter and charge. No parts or Freon is included. If more is needed you will be notified.

Last month in our study of the TAR lease agreement we answered the question "How may landlords be penalized for waiver violations?" You may review last month's newsletter by clicking on May Newsletter ».

This month the topic will be "What lease provisions are important?"

Tenants and landlords also should be aware of how the lease agreement can affect the landlord's duty to repair. Tenants may unwittingly give up (or even gain) certain rights when they sign the lease. Here is a list of the relevant leases provisions mentioned in Subchapter B.

  • The landlord and tenant can agree that the tenant will make all the repairs at the landlord's expense. This may be placed in the lease or made orally (Sections 92.006 [d] and 92.0561 [g].
  • The landlord and tenant can agree that the tenant will make all repairs that materially affect the physical health and safety of an ordinary tenant at the tenant's expense. This waiver must meet the eight requirements previously outlined 9Section 92.006 [e]).
  • The lease agreement may address whether the first notice to repair must be in writing (Section 92.054).
  • The landlord and tenant may agree that the tenant, the tenant's immediate family, the tenant's employer or employee of a company in which the tenant owns an interest can make the repairs under the repair and deduct option (Section 92.0561)
  • The landlord may waive any expressed or implied duty to furnish heating and cooling equipment (Section 92.05611).
  • The tenant may agree (or refuse to allow) the landlord to give effective notices by leaving the notice in the tenant's dwelling in a conspicuous place. This affects whether a notice may be given by leaving an Affidavit of Delay at the tenant's dwelling (Section 92.0562). It may affect whether the landlord can give notice to the tenant concerning the withholding of rent, causing repairs to be performed or deducting repair costs from rent in breach of Subchapter B (Section 92.058).

It is imperative that both the landlord and tenant know and understand Subchapter B of the Texas Property Code. From the landlord's perspective, it is important to know what items must be repaired and when the tenant has taken the appropriate steps (notices) to prompt their repair.

From the tenant's perspective, knowledge of Subchapter B is important in taking advantage of the available remedies. Tenants who attempt self-help measures or improperly attempt to invoke Subchapter B remedies may be liable to the landlord, according to Section 92.058.

Most tenants may know that a notice must be given before the landlord's repair duty arises. However, few may realize that at least two, and possibly three notices are necessary. Likewise; tenants may not know when the notices must be given nor what they must say.

Finally, tenants must know that the landlord has a duty to repair only conditions that materially affect the physical health and safety of an ordinary tenant. Even then, those conditions caused by the tenant, a member of the tenant's family a tenant's guest or a lawful occupant of the dwelling are not covered. Third party verification by health officials may be required.

* Property Code and TAR lease Information deemed reliable and excerpted from the Metro Tex Association of Realtors TREC class #08-00-040-6699. Before you act on any information herein, seek legal advice.

My best regards,

Cary Efurd

 

Is It Time to Revisit Your Insurance?

There have been incredible weather events happening all other the world - earthquakes and tsunamis in Japan, tornadoes throughout many states, and flooding along the Mississippi to name a few. Insurance is a necessity for investment property. You pay with the hope that you will never have to use it for unforeseen events. With all the different emergencies, disasters, or problems that can happen to a rental property, perhaps it is time to revisit the insurance on your property. After all, none of us can predict what disasters could happen and it is better to be prepared.

When did you last review your insurance policy for your rental property? If it is not within the last year, you should take steps to review your policy immediately and discuss the current coverage or needed updates with your insurance agent.

If you previously lived in the property, do you still have your homeowner's insurance covering the property? If you resided in the property, moved out and never changed your policy, part or all of your insurance could be invalid.

Do you have a rental/landlord policy? A rental/landlord policy is a basic fire and liability policy with some "extras" to protect landlords. This is important if you have vandalism, fire or any other natural disaster. It is crucial that your policy pays for lost rent if a property requires rebuilding or rehabilitating.

Have you shopped your insurance lately? It's an excellent idea to get competitive quotes, but do not let your insurance lapse while researching other rates. Many companies are continuing to renew existing rental/landlord policies, but are not issuing new policies because of high profile problems such as mold or natural disasters. Only discontinue the existing policy when you are certain you have a new insurance policy in place.

Do you have enough coverage in the event of a fire or disaster? Perhaps you haven't updated your policy in several years and the insurance coverage is now less than the current replacement value of the property. Research your current property value with a reliable source.

Do you have enough liability insurance? Increases in liability are normally very small in cost per $100,000. In today's market where people are prone to sue for any reason, a policy with $100,000 covers very little when it comes to attorneys fees and costs. A $1 - 2,000,000, or more, umbrella policy is highly recommended, but consult your insurance agent. Beware of misleading captions, such as "all risk". Often these policies contain a long list of things that are excluded.

What items should the liability insurance cover? A fully comprehensive policy will cover injuries on the property, defense of personal injury lawsuits, slander, discrimination, unlawful and retaliatory eviction, and invasion of privacy for tenants and their guests. It may not be possible to obtain all these coverages with an insurance company, but landlords should try to obtain the most coverage possible.

Where is my policy going and who is making the payment? It's very important to make sure your insurance policy and/or appropriate copies are going to correct addresses, such as the mortgage company, property manager and of course, you. Mortgage companies are quick to put on an expensive insurance policy to cover the loan because they believe your insurance has lapsed. Your agent can assist you with all of this.

What about insurance for the tenant's contents? Generally, insurance companies do not cover a tenant's possessions and tenants are strongly urged to obtain renter's insurance.

Don't wait until a problem occurs. To be satisfied there is adequate coverage for any property you own and to reduce your liability, review your policy on a yearly basis with your insurance agent.

 

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it's a promise!"

 

The material provided in this newsletter is for informational and educational purposes only. It is NOT legal advice.
Although we believe this material is accurate, we cannot guarantee that it is 100% without errors.


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