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Updated about 5 years ago,
Debt conversion to equity or not?
I have financed the acquisition of a property that was to be converted in to a retirement home. The term of the investment went a little longer than expected, and I was just paid out my interest for the initial debt of ~1.1MM that went for about 8 months at a 10% rate and 0 points. The structure to our deal was that my debt would be fully paid back sans a downpayment left in the property upon refinancing (~$360k) and I would then retain 25% equity in the deal as a preferred partner. At the conclusion of each year, I would get a preferred payback of $36k until I had been paid back $180k of the $360k over a 5 year window. This payback each year would drop my equity 1% each year until I hit 20%, at which point the preferred payback would end and the rest of the money would stay in.
At this point, we needed to take out loan of ~$670k to finish renovations. The banks wanted my lien to be moved to a 2nd position.
In turn, we negotiated my rate of 12% on my money now until the completion of the renovation and refinancing from the bank. My partners believe that the $180k that I am leaving in long term for equity should convert now from debt to equity. I argued that it should remain debt since the house is not operational yet. What would be your opinions on this portion of the debt and if it should convert now?