The Homestead Play That Clears "Dead" Deals: Logan Fullmer
Logan Fullmer discusses advanced real estate deal-solving strategies, focusing on how homestead exemptions can clear title issues with judgments and liens, and shares a complex New York probate case where he acquired all claims to a $750M-$1M property by having stakeholders divest their rights.
Summary
Logan Fullmer explains two major problem-solving approaches in real estate investing. First, he details how homestead exemptions work across different states (Colorado, Florida, Iowa, Kansas, Texas) to protect primary residences from liens and judgments. In states with strong homestead protections, a property owner can freely transact their homestead even with outstanding debts if the property qualifies for homestead exemption. The key is determining early whether a property is exempt or non-exempt, as this dramatically simplifies title clearing—sometimes requiring nothing more than a homestead affidavit to have a title company remove judgments and liens from the schedule C. Second, Fullmer recounts a challenging Ulster County, New York case involving a six-acre property worth $750K-$1M. The owner was incarcerated at Fort Dix, and communication occurred through his son and a friend using the owner's jail tablet, creating confusion about authenticity. After negotiating the price down from $400K to $200K and verifying the seller's identity through mugshots, arrest records, attorney confirmation, and notary verification, Fullmer faced another obstacle: New York's affidavit of heirship required two years after the property owner's death, but only one year had passed. Rather than wait, Fullmer had the incarcerated owner and his son (a beneficiary) sign deeds transferring their rights to the estate, and had an executor sign a form refusing to serve. This divested all standing claims to Fullmer, allowing him to open probate and later file a quiet title suit as a backstop. While collecting $10K monthly rent, Fullmer secured an order for title and prepared to sell the property, describing it as a "year three or four deal" requiring experience and a $200K wire transfer.
Key Insights
- In states with strong homestead protections like Colorado, Florida, Iowa, Kansas, and Texas, property owners can freely buy and sell their homestead and access equity even with outstanding judgments and liens against them, and a simple homestead affidavit can force title companies to remove all such encumbrances from the schedule C.
- Determining whether a property is exempt (homestead) or non-exempt status early in the deal process, before getting too deep with the seller, can dramatically reduce the title curing work required.
- When dealing with an incarcerated seller communicating through intermediaries, Fullmer verified identity through multiple sources including mugshots, arrest records, attorney confirmation, and notary verification before wiring $200K.
- In the New York property case, Fullmer acquired all claims to the estate by having the owner, his son (beneficiary), and the executor sign documents divesting or refusing their standing, then used probate court followed by a quiet title suit as a backstop to secure an order for title.
- Fullmer described the complex New York estate acquisition as a "year three or four deal" requiring significant experience, partner confidence, and the ability to immediately commit $200K in capital, while collecting $10K monthly rent during the extended resolution period.
Topics
Transcript
[0:00] There's all kinds of stuff. Could you maybe break down a couple examples of problems that you guys solve on the back end? And then I want to take the conversation a a couple of ways from there. >> Okay, well let me give you a couple of examples. So, once you figure out how to get yourself on the phone, how to find someone who's got the issues, solving those issues, that's where you're unlocking the equity. That's where you continue to go where other people don't go. Well, they're I'm going to give you a very specific example. Judgments and liens cloud title because they either have to be expunged, paid, discharged, partially [0:33] released, or whatever.…
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