Mike Kelly

Imagine waking up one day and finding that your dream of building your retirement home a lot you purchased years ago was gone! Someone had already built their home on your lot and they were living in it! In fact the original builder had already sold it to someone else! I know what you are thinking, that this is not possible, right? Well I am starting to think that anything is possible in beautiful Cape Coral! Here is the story as it appeared in our local paper!

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House dreams turn to nightmare in Cape Coral By Brian Liberatore • bliberatore@news-press.com • June 13, 2008 Print this page E-mail this article Share this article: Del.icio.us Facebook Digg Reddit Newsvine What's this? Bill Prekker has been planning to build his retirement home on land he owns in Cape Coral for the better part of three decades. Then, he discovered someone else had already built a home on his property, and the 1,900-square-foot residence has been there for 11 years. "Thirty-five years of a dream got shot down," said Prekker, speaking from his home in Annapolis, Md. "I would have been retiring soon." Now, he wants to know why a house is on his dream land and how the mistake could have carried on so long? After returning from the Vietnam War in late 1960s, Prekker bought the quarter-acre lot at 146 S.E. 18th St. for $4,300 from the Gulf American Corp. He's seen it a couple of times since then, he said. The last time was in the early 1990's. It was a few years after Prekker's last visit that a builder made a mistake. Lee County property records indicate Baywood Construction owned the vacant lot at 150 Southeast 18th Street, just east of Prekker's parcel. In 1997, a mason apparently misread the blueprints and poured the home's foundation on the wrong side of a surveyor's line. The city had issued the building permit and apparently did not notice the house was in the wrong location. City officials said Thursday they were looking into the issue but did not have a comment. Shortly after the home was built, Richard Barton bought the house from Baywood for $73,900. Eight years later, in 2005, Barton sold the house to Frank Beal, Jr. for $230,000. Still, no one realized it was in the wrong place. Beal said he never had the property surveyed, and the mistake slipped by. Prekker, meanwhile, was in Maryland, oblivious to the dealings on his property. His tax bills listed his property at 146 S.E. 18th St. as vacant even though the house was there. Since 1999, Prekker has spent about $5,900 in local taxes for the lot. Meanwhile, Beal has been paying taxes on his property 150 S.E. 18th St. and the house that was supposed to be there. The tax bills show the house where it was supposed to sit. The office of the Lee County Property Appraiser never caught the error. Assessor Ken Wilkinson said he would send a field manager to investigate following a call Thursday from The News-Press. The mistake may have gone unnoticed, but Beal hired a friend to install a pool last year. It was the pool contractor who noticed the house was 80 feet west of where it should have been. The contractor said he couldn't build a pool on someone else's land. That's when lawyers got involved. Beal contacted local real estate attorney Robert Burandt, who uncovered the property's history. Burandt has tried through certified mail to contact Prekker, but received no answer, according to Beal. Last month, Burandt contacted law enforcement officials in Maryland to check that Prekker lived at the Maryland address he had listed with Cape Coral. Prekker said he remembers the police officers coming to his house. That was when he knew something was amiss with his Cape land. Prekker said following the police visit he contacted Burandt. "Shocked and angry," Prekker said of the discovery. "I was shocked and angry." Prekker said he has since hired an attorney and says he may seek money from Baywood Construction for the error. Now, Beal finds he can't do any work on the house, can't install a pool and can't refinance it because of where it is. He gave Barton a $230,000 check for the home. "We are just trying to get our money back from Rich Barton," Beal said. "It is his responsibility." Barton could not be reached Thursday for comment. The other solution, one that officials from Baywood Construction say they would prefer, is a transfer of deeds. Beal could take Prekker's lot and Prekker could take Beal's lot. The adjacent landlocked lots are the same size, shape and value. The only difference between the two is the house. "We will cooperate in the transferring of deeds if the owners agree to it," said Mike Devito, owner of Baywood Construction. Prekker, however, isn't sure he wants a transfer. "That's not the property I was dreaming of," Prekker said.

Just a follow-up to my post on short sales! We have just gotten word that we have successfully entered into a contract for one of our buyers! Let me share with you the details on this particular deal!

Our buyers previewed this home on our Listingbook service and when they arrived in Southwest Florida from my old home town, the Bronx, New York they were anxious to see this home. It was one of the first ones we had on our schedule and after looking at 2 others it was clear to me that that home was going to be the one! I try to never show more than 5 homes to anyone, it is to confusing!

I had spoken to the listing agent and I knew that this was not going to be a quick process. The listing agent said that it may take 90 to 120 days to get an answer! Armed with this information I informed my clients that if they wanted to make an offer on this short sale this is what to expect. I told them exactly what the listing agent had told me! Also, that the offer for the property was should be what it was listed at or higher. I used comparables to show them the value was there! They agreed and we submitted a full price offer, proof of a $5,000 escrow check and a mortgage commitment letter (not a pre qual)! We put August 31 as the deadline for acceptance! By the way this was mid April! When I sent over the offer I also sent over the comparables for the listing agent!

My buyers enjoyed the beautiful dry and sunny weather at Ft. Myers Beach and headed back to NY 2 days later! I had made it very clear that I would only be calling them if I had any news and there was no reason to call me because if I knew anything I would call them first! They were comfortable knowing that I would handle it! After a month I made a courtesy call and let them know that I had not heard anything yet!

Then just yesterday we got a call from the listing agent and he said the bank was countering our offer and if my client agreed we had a deal! The counter was for $1500 more than our offer! That was approximately 60 days from the date of our offer! Do you know how happy my client was when I called with this news! They were thrilled to pay the additional $1500 and we have now scheduled closing for June 30! The contract price was less than 50% of what the home sold for 2 years ago!

I think the key to success with short sales is patience as I said in my last post, but also letting your clients know it is not a fast process! Then when you do get an answer quicker than expected you look like a hero! I have always lived by the motto- Under Promise and Over Deliver! If you have not read my first post I have included the link below! Good luck with your short sales!

http://www.activerain.com/blogsview/534997/Short-Sales-Are-Paying

Mike Kelly, Broker/Owner, Sellstate Advantage Realty, Cape Coral,Florida 239-549-9200

I have recently been speaking with many Baby Boomers and I almost forgot that I am one of them! Yes I am at the tail end of the Boomer generation but I am considered a Baby Boomer!

When I got to thinking about what it means to be a Boomer I started to realize some of the changes that have been taking place in my life! Having turned 50 just a few years ago I quickly found out that I needed longer arms to read the newspaper! I never realized how cold the bathroom floor was in the middle of the night! (That is because I used to sleep like a rock for 8 hours and never get up!) My wife Patti, told me that I had something called "selective hearing" but after visiting the ear doctor I now have microphones on my ears! Boy it is wonderful being a Baby Boomer!

I wanted to share with you something I was watching this morning, I hope it makes you laugh or at least smile! Have a great day!

http://www.newsday.com/news/opinion/ny-walt-babyboomers-blurb,0,1036393.blurb

On a serious note if you or anybody that you know is looking to buy or sell in Cape Coral or Ft. Myers, Florida please give me a call!

Mike Kelly, Broker/Owner, Sellstate Advantage Realty, Cape Coral, Florida 239-549-9200

I was listening to our local talk radio show earlier today and they were discussing how to save money now that gas has topped $4.00 a gallon in Southwest Florida! The number one suggestion was for people to discuss with their bosses the possibility of working from home one day per week! Now while this is not practical for everyone, it certainly does make sense for many people!

How fortunate are we as Realtors to be able to work from home everyday if we want! The days of going to the office everyday are certainly in the past! Thanks to technology it is now possible to be in business where ever and whenever we want! Now more than ever it is imperative to stay in touch with the latest technology that can help us work smarter and not harder!

I have made a commitment to keep our office on the cutting edge of technology so we can attract the top agents! Our agents can access our office server, through our intranet site, and access all of their documents for all of their transactions, as long as they can access a computer!

I was interviewing a lady a month or so back, and when I told her about our Intranet, she informed me that she does not utilize a computer outside of the office! After I gained my composure I asked her,"Why?" She informed me that in her opinion,"This computer stuff is a craze and it won't last!" Oh well I have not spoken to her since, but I would love to ask her what she thinks about the automobile!!!

I make it my business to read and learn everyday! I will never be a computer expert , however knowing that it is top priority to be successful in business, I have associated myself with the "Experts!" Together we stay on the cutting edge for our agents and our clients!

Mike Kelly, Broker/Owner, Sellstate Advantage Realty, Cape Coral, Florida 239-549-9200

My wife, Patti, has always said that everything happens for a reason! And she is also very quick to always remind me to look for the good in everything and in everybody! After 22 years together I think she has finally gotten through to me! I now look at things very different than I did before and I try to put a positive spin on everything! Here in Cape Coral, Florida our market has started to rebound and since Christmas sales are strong! That is a very good thing for Realtors and buyers alike! It is also a positive for sellers who did not buy at the peak of our Boom!!

We live in a location that is very condusive being in a good mood because, with the exception of maybe 5 days a year, the sun shines daily! We live in a beautiful home and for the most part we have our health! See how well I am doing in being positive!!

Then this morning, a beautiful sunny morning, I had to go to the gas station to fill up my car and did that experience deal a blow to my positive outlook! As I watched the numbers move faster on the pump than on a Las Vegas slot machine, I could not belive it when it finally stopped at $80 to fill up my little car! After a brief moment of let's say "bad attitude" I started to hear Patti in my head!

I was thinking to myself,"What positive could I possibly find in $4 a gallon gas?" Well I told you Patti has finally gotten through to me! Here is what I see: Over the next 3-5 years more people will retire than ever before in history! 2011 is the peak for Baby Boomers turning 65! Where are they going? The population in Florida is still growing every year! I know some people will stay up North but many will be retiring at least part time to Cape Coral and Ft. Myers! I have lived here for 8 years now and I have not bought one gallon of heating oil since I have been here! In fact we have never even had to turn on our electric heat other than to have it checked out by the serviceman!!

So I guess Patti is right again, there is a silver lining to everything! When our friends and associates get tired of paying outrageous prices for heating oil hopefully they will head on down to Cape Coral and Ft. Myers, and join us in "Paradise!" Not only will this be good for business, but our circle of friends will continue to grow, and hopefully Patti will be able to teach them also that, "Everything happens for a reason!"

Mike Kelly, Broker/Owner, Sellstate Advantage Realty, Cape Coral, Fl 239-549-9200