Bernard Zick's

Advice for the Impatient Investor

For real estate investors who don't have time or money to waste!  

February 2005

Editors: Bernard "Barney" Zick bernard@zick.com, Karen Zick and Amy McIntee

This email was sent to you by REIT, Corp. To ensure delivery to your inbox (not bulk or junk folders), please add bernard2-9168385@autocontactor.com to your address book.

In this issue:

The Trip to the Hospital that Lasted way too Long...why Barney was forced to postpone his February events

Getting Started

Special Offer on Business Entities Home-Study Course

Advanced Strategies

Tax Law Update: Section 1031 Exchanges

Upcoming Events

The Trip to the Hospital that Lasted way too Long...why Barney was forced to postpone his February events

As many of you who have been at recent event know, Barney has been fighting what we believed to be the aftereffects of a bout of walking pneumonia. He went to the hospital earlier this month to get some tests and some fix’n (as we say in Texas).

Barney says the hospital is no place to go if you are sick…and this proved to be true. To make a very long story short, he went in for an overnight stay and was there for eleven days! Why? Blood clots. Yes, that is a plural (if you will pardon the pun). (One of the clots is in his lung and the layers of the membrane lining the lung and the chest cavity are called plural.)

We’ll keep you updated, but the bottom line right now is he can’t do much of anything until the clots dissolve. It is a natural process and most likely will take only a couple of weeks.

He has great care and must remain fairly inactive due to the blood thinners he is taking. Despite this, he still managed to write this newsletter for you. As you can imagine, it is hard to keep him from doing nothing even if he is not moving around much.

He is taking this time to review his property files, do some things on his “get around to it” list and is getting lots of rest.  Karen is enjoying his company at home.

He told me to add this note to this newsletter at the last minute to answer the questions that might come up. He also said, “For awhile there we were not sure if I was ever going to get out of that hospital. I did not need another growth experience in my life, but things like this are great to help you see what is important in your life and when you are chasing rainbows. Besides, it was an additional push to start the diet I had been attempting for three months! But then, if you want to get your priorities straight or lose weight, I would not recommend this hospital approach to my students!”

Keep him in your prayers and we will be giving you great news of this problem being resolved by next issue.

Amy McIntee
Editor




Getting Started:

Q. Hi Barney,

We are taking your training and just bought your material about options. We bought our first property and we will have it ready to sell in a few weeks. You suggested to me when we spoke recently that we could talk about refinancing and pulling the money out (which we hadn't thought about). What would be the advantage of doing that over selling it? We bought it for $ 80,000 (the owner gave us $ 5,000 for rehab which is pretty much what rehab will cost and figure we can sell it fairly easy for $ 115,000. Thanks for any insight you might have!!

Laurie

A. If you bought it and have title to it, most lenders want to use purchase price for the value…at least for a year, not the new actual value.  There are a few that use market value after six months. One or two lenders will issue loans use it with no “seasoning” but they are 1-1.5 points higher than market. So a re-finance is a great idea but you most likely will have to wait.

They usually are small local lenders. As an example, I know of two in Houston that would have given you the money to buy and the money to fix as long a all the debt would be 70% of the ARV (after repaired value) and one will do a loan without the fix up being a part of your loan.  But we have 3000 or so lenders in Texas and three that might work in theory.  If we look at the numbers you gave me you have a nice profit for a simple deal.  However you don’t have enough margin for doing a new loan at the time.  I believe when we talked you did not have the amount yet and we were talking hypothetically.

Here is the kind of deal that you need a re-finance.  Let’s say you get the house for $53,000 and put $30,000 of your own into it.  If the finished value was $150,000 then you most likely would want to get your money out and back to work.  How do you do that?

If you buy you will have to sell.  Sometimes I sell to an investor who wants to be passive and we make a deal where after the sale, I buy a right to purchase a half interest in the property in the future.

Another approach is to option the property and not buy it.  You buy it when all the repairs are done.  Now most lenders will only give you all the money you have in it.  I have been able to get most all my money out this way.  Some states have some 100% investor loans and you can get all your money out.  Texas has the tightest lending laws in the United States.  Thank heaven we have cheap prices because it is very tough to take money out here even on an investor property (All the 80% LTV rules are written for homestead homes…so in Texas you can often get more money on a rental than a owner occupied residence!)  Hope this helps.

BZ



Q. Barney,

I heard you speak and I think you are terrific. I know you have a great expertise on lease options. I have a question I am confused about and I wonder if it is something you can clear up for me. As I understand it, it is not illegal to trigger the due on sale clause. However, is it illegal to conceal the fact that the due on sale clause has been triggered? Surely taking over a property either by lease option or subject to and not informing of your interest would constitute a criminal offense if deliberately concealing the fact that the due on sale clause has been triggered? Look forward to your newsletters. Can I also apply to be part of your mortgage lender program in North Carolina?

Regards,
David

A. The due on sale clause is a contractual agreement. It is not a law. For something to be illegal you have to be breaking a law.  The more you know about loans and lending the sharper you will be as an investor. That is just one more reason to consider a second income from becoming a loan originator.

If you are interested in more information about becoming a Mortgage Loan Originator, go to www.zickhomeloans.com to see what we have to offer. Plan to join us on the first Monday of each month for a free TeleHelp call during which we give you an overview of the Freedom Equity Group/All Fund Mortgage opportunity.  (Go to www.zick.com to register.  Click on the ringing phone!)  

BZ



Q. Mr. Zick,

Recently I attended the Chicago Investors meeting where you were the Keynote Speaker. I found what you said to be very interesting. What I would like to know is, how could I get started finding deals for investors and making a commission at the closing? My partner and I are trying to get started in the investment field. However with our very limited funds, that is proving to be very difficult. You mentioned in your message that people could make money finding deals for other investors. How do we get started? Please send me any information that you may have available. I would also like to know if your company has positions available for "deal finders." Any information would be greatly appreciated.

Thank you,
Rachel

A. For starters, don’t use the word “commissions” because you need to be a licensed real estate agent to do so.  In fact, Oregon and a few other states have gotten so upset about unlicensed people “flipping” properties that they have passed laws limiting that sort of activity.  You do need to get educated.  My stuff if great but you said you are broke. If you don't have money, go to the library. Get some real estate self help books and a text book on real estate. Then stay active in your local group. You'll soon know how to spot value which is the second step. Next you need to find investors who want deals and don't have time. Again, you get that at the local club. You will have to learn to tie up good deals when you find them, then sell them to those investors. Maybe that is too simple an explanation. You can do it without expensive courses but maybe you could do research for an experienced investor to get to borrow a course or too. Jane runs a great group in Chicago. Don't miss a meeting!

Also, read our free special report we gave out awhile back on options and try to read other options materials. They will be essential to maximize profits.

BZ



Q. Barney,

If I am selling a property on Lease Option does 1031 apply? I am trying to understand the process here. The conventional way, a property purchased for $100K in 01/2005, rented for two years, property sold in 01/2007 for $110K, Profit = $10,000. If I use this to buy another property I don't have to pay any tax on it. Correct?

Our way, the same property sold on two year L/O for $110K with $5000 DN. So, you get $5000 now and $5000 in 01/2007 when buyer refinances. Same profit ($10,000). Can I save on tax by reinvesting that money?

Thanks,
S.K.

A. Remember I am not a CPA.  First the $5000 is not a "down."  You get me heated up here.  The work DOWN PAYMENT should NEVER be used with an option.  You will have lots of problems when you do.  Down Payments confer lots of rights.  You don’t give these rights.

In the conventional example you described, yes, you do not have to pay any tax on the $10,000 profit.  IF you do the 1031 properly.  You most likely will find the closing costs of a proper 1031 might be too high if the profit was only $10,000.  If you ever get one that is big enough, I can refer you to one of the sharpest people to close those deals for you.  (Note to our Readers:  If you'd like more information, send me an email to bernard@zick.com with "1031 Exchange" in the subject line and I'll follow-up with you shortly.)

In the second example, you asked if you can save tax by reinvesting the profit. The answer is “no.” Just because you gave an option you don’t have a sale. When the sale closes,  your holding period will be gone.  So you would have ownership of one day. Your profit would be $10,000 – $5,000 you got up front and $5,000 at the end.  Here is a tip.  If you get 1031 money you can use it to buy a property YOU have been buying on a Lease Option!  Remember you have not BOUGHT it yet so you can still do an exchange...properly set up!  That is my best guess.

Here's a second tip. If you get major money (up to about $5,000,000 from a 1031), I can find you a deal and arrange the exchange.  Call me.

BZ


(Ed. Note: For more information about changes in the 1031 Exchange Tax Law, please refer to the article below in this edition of our e-newsletter.)

Special Offer on Business Entities Home-Study Course

Don't miss this opportunity!  We are running a special on our Business Entities home-study course. The retail price is $1995, however, we're providing our newsletter subscribers a chance at a great deal!  The first 10 people who read this and order this course will get it for $495!  First come, first served!

I want the Business Entities Special Offer!

Barney and Douglas E. Gilliss, J.D., MBA, put together a complete overview of all the ways you can do business during an amazing two-day boot camp -- sole owner, partnership, limited partnership, C corp., LLC corp., land trust, trusts, and foreign entity -- and looked at each and every one from the point of view of a real estate investor.  Can you take out the cash?  Can you hide who owns what?  Which state is best for corporations, how do you save the most taxes, which is best for multiple owners, how do you pass on the wealth?  And much, much more…

People paid $2,500 to attend the two-day boot camp. It was recorded digitally and closely edited and mastered at a cost of nearly $5,000. The home-study materials include the tapes of both days and the course book for a remarkably low price. Bernard Zick and JoAnn Gerhardt, an editor, business consultant and former attorney, wrote the text, which alone is worth the cost of the complete course. 

Don't delay!  Place your order now so you don't risk missing out on our special offer!

I want the Business Entities Special Offer!




Advanced Strategies:

Q. Hi Barney,

I don't know if this is the right way to ask you a question, but here goes. I purchased your "Creative Financing" at the Houston Investor Wealth seminar and Janet has signed up for All Fund. We also attended your Option course in Austin. In other words, we are becoming part of the family.

Here's my deal. The question is how to proceed with the second round of negotiation and how would you structure the deal? I have presented the preliminary offer shown below (right or wrong) and owners indicated to their Real Estate Agent they are interested in owner finance option and wanted to know what interest rate I used for calculations. (The Real Estate Agent is also the Property Manager and brought me deal because the owners want to sell property. The property ARV is $ 55,000 conservatively (based on last 6 month sales in area of 1/4 mile radius) and not counting the converted garage. Monthly rent (from last tenants on one year lease) is $600. Property manager thinks we can easily get $650 this year.)

Offer to Purchase Real Estate
Year Built: 1947
Sq. Ft: 1150 (with out converted garage.)
Taxes (annual): $1751 (monthly: $146)
B/B/G; 2/1 with converted garage.
Special Conditions: Offer is conditional upon satisfactory inspection of subject property and clear title.

Offers:
Sale Price Down Payment Owner Finance Close In

#1 All Cash $ 33,700 30 days (MAO formula with $2k repair, $ 2k assign fee)
#2 Owner Finance $ 38,700 $ 3,000 down $ 300/month 120 months 30 days
#3 Owner Finance $ 43,700 0 down $ 350/month 180 months 15 days.

Here is an explanation of the offers.

If owners want full retail, I can’t help them. I have to find some way in the deal to create some equity, either through owner financing or purchase price. The property needs the following repairs if it were to be used as a rental.
1. Remove old ceiling in both bedrooms and replace with new sheetrock, tape, bed and paint.
2. Replace sub flooring and floor covering in converted garage.
3. Kilz, paint wall in north bedroom. This would mean that we should just go ahead and paint the whole room.
4. For retail sale, it would need new exterior/interior paint and maybe some leveling to pass lender inspection.
5. Location is not ideal, with it backing onto Southwest Blvd. so retail price will have to be adjusted to take this into account.
6. Repair estimates would run about $2700 plus paint for the full repairs as above including exterior/interior paint.

I understand there is a brother and sister involved in the transaction. If they do owner financing this allows them a stream of payments for 10 years (cash now and cash later). I would expect to cash them out long before that, probably within seven years or sooner. I will likely fix the house and sell retail or do a two year lease/option. I will require the contract to be written so I can assign it. I may sell the house to one of my partners if I have too much work to do.

If they require some cash along the way, we can sell off some of the payments and get them their cash. They can do this more than once if necessary, until of course they sell all the payments.
Thanks for your help, Barney.

Regards,
Don

A. You didn’t tell me how you figured the interest, but you don’t have to tell them either. At a glance it is so low you don’t want to wave it around!  You can just say you paid them exactly what you thought the property could afford and you could live with.

One thing that might make it nicer for them is if you offered to give them two notes, dividing the note in two parts. That way each one gets their own payment.

Whenever you can get a low interest rate note accepted, the perfect addition is a right of substitution of collateral clause. Listen to it on my CDs. That would allow you to move that note to a different property and save the low interest rate financing. A different approach would be to have a prepayment discount for early payoff. And of course you could always ask for both.

I am surprised you said you would pay them off far in advance. If you get this financing, it would be a sin to do that! (Did you know the word sin comes from an old archery term that means "to miss the mark?")

Good luck.  Sounds like you’re doing great.

BZ



Q. I would like to do hard money loans. How do I become a lender where I loan out other people’s money and get paid for it?

Thank you,
Darrell

A. We can get you 9-10% on first mortgage positions for sure. Sometimes we can get more but there would be times that your money would not be working. At 9-10% we can keep it working all the time. The terms vary but usually six months to a year and interest is paid monthly. Most of them are 70% loan to value on single family houses. Most of our dealings are in Houston. The amounts vary. What is the range of dollars you’d be interested in investing? I am right now working on several joint venture deals with students that would use loans I could personally guarantee.  Closing is done by the title company.

However, hard money loans need to move quickly.  We get you a title policy, appraisal and property inspection. You supply the checkBut this process should take two weeks, max. So if you are a “think about it” or “this is so scary I need to talk to my financial team” type person, forget dealing with me.  I trusted one student last year and let her attend two San Francisco area boot camps and gave her some materials.  I was way too trusting; my fault.  She ran me around for six months holding out a six figure hard money loan at a lower hard money rate until it because obvious I had met a con artist.  That hardened my skin.

BZ


Tax Law Update: Section 1031 Exchanges:

On October 22, 2004 George Bush signed Public Law 108-357 which requires a FIVE YEAR HOLDING PERIOD for personal residences that were acquired using Section 1031 and later converted to use as personal residence before the taxpayer can achieve the exclusion from capital gains on sale of that residence.

If a client acquired a property using Section 1031 and later converted or converts that use as personal residence they will have to hold that property for five years in order to utilize Section 121 to escape the gain if the property is SOLD any time after October 21, 2004.

Here's the new law:

Public Law 108-357 (October 22, 2004)
(Section 840 at page 181 of 244):

"SEC.840. RECOGNITION OF GAIN FROM THE SALE OF A PRINCIPAL RESIDENCE ACQUIRED IN A LIKE-KIND EXCHANGE WITHIN 5 YEARS OF SALE.
(a) IN GENERAL: Section 121(d) (relating to special rules for exclusion of gain from sale of principal residence) is amended by adding at the end the following new paragraph:
(10) PROPERTY ACQUIRED IN LIKE-KIND EXCHANGE: If a taxpayer acquired property in an exchange to which section 1031 applied, subsection (a) shall not apply to the sale or exchange of such property if it occurs during the 5-year period beginning with the date of the acquisition of such property.
(b) EFFECTIVE DATE: The amendment made by this section shall apply to sales or exchanges after the date of the enactment of this Act."



Go to Barney's Website for more information about educational events and materials.

Go to Karen's Website to apply for a 1-4 family loan or join us as a mortgage loan originator.

Go to  Zick Investment Properties to sell us a property or get a web site to sell your properties.

Go to Realvest Funding for more information about financing.

Register for an Options Boot Camp at http://www.zick.com/speventreg.html.

Register for a "How to Finance ANY Deal!" Boot Camp at http://www.zick.com/FinanceAnyDealBCreg.htm.

Register for a Mortgage Business Builder Boot Camp at http://www.zick.com/MortgageBCreg.shtml.

Register for a FREE "Financing Your Next Best Deal" Help Day at http://www.zick.com/HelpDayreg.htm.

Register for a FREE Freedom Equity/All Fund Mortgage TeleHelp Call at http://www.zick.com/telehelp_freedom_equity_recruiting.htm.

Questions?  Send us an email or call 800-677-3253.

 

 

"Financing Your Next Best Deal" Help Days

We will be in Orlando on Saturday, March 12th and in Tampa on Sunday, March 13th.  Come learn the latest techniques in buying properties.

Go to www.zick.com and click on the link on the home page to enroll. It is free if you show up!

Or, click here to register: 

"Financing Your Next Best Deal" Help Day




Upcoming Events

All new for 2005!! 

"How to Finance ANY Deal!" Three-Day Boot Camp

San Diego

POSTPONED UNTIL A LATER DATE

The doctors say Barney can't travel, so we have to reschedule this event to another date. (And we were almost sold out too!)  As soon as the new date is set, we'll let you know!


All new for 2005!  Learn it all in one place at one time.  “Barney” Zick can show you...

“How to Finance ANY Deal!”

Announcing the most in-depth, intensive three-day Boot Camp you can imagine on real estate financing designed for people who are successful, aggressive real estate investors (or aspire to be someday soon)!  Investors know CASH IS KING and owner financing is the QUEEN!  

As a real estate investor, there is nothing like having the ability to know what investing approach to use, know how to structure it, and know how to present it to the seller and get it closed.  Being able to cash out properties is the “grease for the wheels” of this cash intensive business.  The three roads to financing will be taught...Lease Options, Owner Carried Loans and Conventional and Hard Money Loans.  You will also get an opportunity to sign up and receive hands-on training about becoming a loan originator in order to add another cash flow stream of income.

SIGN UP TODAY AND PAY ONLY $695 of the $2,195 fee.  The balance will not be due unless you complete a successful deal from what you have learned!  How can we do this?  We strongly believe that you will learn what you need to know for success and that you will easily do a profitable deal right after attending!  This way we have more at risk than you.

That’s right; if you don't make money we don't get paid the balance of the training fee.  The entire program can be self funding!  You will make money from what you learn…paying you back more than the cost of training.  All you have to do is USE these ideas and we will show you how! 

At the three-day “How to Finance ANY Deal” Boot Camp we will send you out to investigate deals and sign them up.  Then when you come back, we will fine tune your presentation to make getting more deals easier.




Options Boot Camp

Kansas city

POSTPONED UNTIL A LATER DATE

Because Barney can't travel right now,  this event will be rescheduled to another date. We apologize for the inconvenience to all of you who have already registered.  As soon as the new date is set, we'll let you know!

Led by Barney Zick, one of the most sought after real estate educators in America, this Boot Camp will take you straight up the learning curve to show you how to acquire immediate cash profits, cash flow and control your future wealth through OPTIONS!

This Boot Camp can potentially make you more money than any other Boot Camp you have ever had the chance to attend. It is no secret that fortunes have been made by those that know how to use real estate options. Now, details of those financial maneuvers are explained.

Register Now!

For those of you who purchased a boot camp as part of your home study materials, you will have to use your privilege this year. If you have attended our Options Boot Camp before, you may come again. The information has been revised. Of course, the portion of the boot camp when we work on deals, which takes most of the second day, is different for each event. It is a real eye opener for those of you yet to do your first deal.

POSTPONED UNTIL A LATER DATE




Would you like to read past newsletters? 

Click here

Scroll down to the bottom of the left-hand column to find links to all of our archived newsletters.




OUR ALL FUND MORTGAGE /FREEDOM EQUITY GROUP TRAINING NOT ONLY CAN PAY YOU BACK ALL THE COSTS, IT CAN PAY YOU BACK FAR MORE THAN YOU INVESTED!

ABOUT PARTICIPATION…

We have done three fantastic three-day Mortgage Business Builder Boot Camps.

The first one was in Chicago in September. The second one was in Houston. The third was in San Diego in December. 

Cost

The cost of the training is $2195. You can pay it all at once. However, I believe in our program and know if you work our program you will make lots of money. So here is the deal. I’ll bet two-thirds of that on your success…

- If you are signed up under us, you can attend for $695 up front and we will take $500 out of each of your first three loans to complete the follow up training.
- If you are not signed up under us, but under someone else, you can pay $695 at registration and attend the event, and pay your recruiter the $500 per loan or get a consulting help package from us for the same.
- If you are not signed up at all, you must pay $695 to attend, but you can only attend the first two days. If you sign up for Freedom Equity Group/ All Fund during the two days you can stay for the third day which is our Marketing and Sales Program.  So the bottom line is, get signed up and plan on attending.

By the way, if you are already with Freedom Equity Group/All Fund with a different recruiter, you can send your recruits for training. They pay us the $695 you will get the three training loans and paid $500 for each.

In fact, anyone on our team that attends can do the same with their recruits. So you see, you are better off going to our training in two ways.  First, you get trained, secondly, you will get paid for signing up for someone for training when you help with their first three loans!

Our hope is that you will catch fire in this business and by the time you do the first three loans you have made all your educational investment back. So, bottom line, if you work the program there is no cost; it pays!


Husbands, wives and children

If you want to bring one of these into the business, great! If they are signed up and a part of the business, they pay just like you do. And, we will do the training loans with them too.

If they are just assisting you with the business, they can attend for $295 to cover our room costs, coffee breaks, etc.

If your child is between 14 and 18 years old, really interested, and can pay attention (don’t you dare drag them there!), they can attend for $50. Children over 18 can pay the $295. Where else can you attend a three day event and learn a business for so little?

The book you will receive will be for studying after the event. We will have a fill-in outline that everyone will receive. There will be one book for each full-paying participant.


More than your money back!

If you are signed up under us, you can return to attend the training for free. All you have to do is bring someone you signed up under you!

Think about it. When you return with your recruit, you get to come for free, they pay us the $695, but YOU collect the $500 per loan when training THEM on their first three loans.

For us, we get our costs covered. It costs us at a MINIMUM $695 per person to put on a three day event. We don’t really make money unless you or your associates you sign up make money with placing loans.

They get profits from placing loans, giving them their educational investment back. You get trained associates, we build our shop. It is a win-win deal all around.

Guess what? Your associates can do the same. They can come back for free bringing as many people as they want AS LONG AS THOSE PEOPLE ARE SIGNED UP under them! You get the picture.

Will the ground floor be empty?

You are getting in on the ground floor, so you may be asking yourself…will the ground floor be empty of content? Since we are new at doing these trainings, will we be learning how to train on your dime?

Absolutely not. First of all, Barney will be at the first three trainings talking about Sales and Marketing. He spent 15 years teaching these topics to businesses from New York Stock Exchange firms down to a two-man firm in England. This is a secret part of his career not known to most real estate investors. His results have been staggering. One firm, a national blood testing company, said that after his training, sales rose 15% over their previously best month ever. The English direct mail company, that made over a million a year, got the biggest boost ever from Barney’s ideas, and that is after five years of searching for the best consulting in England and putting their ideas to play. Barney increased their profit margin!

Secondly, we have one of the best company trainers coming out to teach the two technical days. You will learn how to present our best loan to prospects, how to present the opportunity to recruits and how to do the loan paper work. It will be an information packed event.


Best way to sign up…

Do it via our web site at www.zick.com and we will follow-up or do it by calling our office 800-677-3253.




The Fine Print...

We will do one newsletter like this one (Advice for the Impatient Investor) and one called the REIT Real Estate and Mortgage Report (containing Real Estate Education Industry News and a lot of personal opinions), approximately once a month.  (However, keep in mind, our newsletters are free so don't get upset if we skip one occasionally!)  

Advice for the Impatient Investor has been published for fifteen years (but not in a row). The next issue should be out about March 1st.  The next REIT Report will go out on or about February 15th.  

Folks smarter than us told us to say: We take no responsibility for the accuracy of the postings.  All contents of the postings are the responsibility of the posting party.  The foregoing material is strictly for informational purposes only and does not provide legal, financial, accounting or investing advice or services. Use of any of the foregoing information does not create a client relationship.  You should not act on the information provided without seeking legal, accounting and tax counsel of your choice.

We reserve the right to terminate the subscription of anyone at any time.

Copyright note: Submission of an email message or art work affirms that you are authorized to and have given Bernard Zick, et al, non-exclusive permission to reprint the content of your message in all forms, electronic or otherwise, in all languages throughout the world.

Copyright © 2005 by Real Estate Investors Training Corporation.

ISSN # 0272-8559

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Remember: You may be my student, you may be my best friend and I MAY love you…but, I am not a lawyer.  I am not YOUR real estate broker.  You are not my client.  This e-mail is not intended as legal, real estate or accounting advice.