finance contributor partner JV flip, should I be on the title? or just 1st position?

finance contributor partner JV flip, should I be on the title? or just 1st position?

Member since 2018 · 89 posts · 26 votes

I will be a finance contributor partner in a JV flip. I will contribute money for buying and renovation, and the partner found the deal and will do management of the project, split is 50/50. My question is: is it safe for me to be just put a lien on the property, instead of put my name on the title?

This is the 2nd deal I do with my partner. On the first deal, my name was on the title, hold 50% of the property, but I found it's annoying to be on the title. Here is our first deal:

- We each hold 50/50 of the property on the title (I contributed 80% of downpayment, and he was supposed to contribute 20% to the downpayment, and we got a hard money loan)

- after we sold the property, I had to fill out the 539 form for withholding tax in CA.

- The partner brought in a cash contributor for his portion (let's say A, who got 50% of my partner's profit, basically 25% of the profit) to the deal and put a lien on the property. Escrow paid the lien off, the hard money loan, then the rest is our seller's payout. 

- I got my cash contribution back from the seller's payout, + 50% of the profit. A got 25% of the profit.

I like A's position better than putting myself on the title. Then I don't have to fill out 529 form for tax withholding. If we just put a lien or a deed of trust on the house. for example, a 300k house, 50k renovation. I will contribute 350k. I put 350k as a lien on this house, with draw schedule for renovation, get paid back of my 350k at close of escrow, then get paid 50% of the profit. 

I think this will make my tax filing easier. Is there any risk not putting myself on the title?

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  • Joe HomsBusiness Member
    Flipper · Mission Viejo, CA · Member since 2014 · 2k+ posts · 1k+ votes
    2y

    @Lilly Fang I always do both. Make sure you are on title with your LLC so that you have a say in the sale of the property. As a lender you do not. Also make sure that the loan includes all the money you are putting into the property.

    Good Investing...

  • Chris SeveneyBusiness Member
    Moderator
    Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes
    2y

    @Lilly Fang

    The way I have done this in the past was I had a lien on the property and let the property be in the name of the partner but we had a jv agreement outlining the terms of the profit split on the deal

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  • Member since 2018 · 89 posts · 26 votes
    2y
    Quote from @Chris Seveney:

    @Lilly Fang

    The way I have done this in the past was I had a lien on the property and let the property be in the name of the partner but we had a jv agreement outlining the terms of the profit split on the deal


     Yes, I think this is the way I would like to do. It's just easier. Just don't know what risk this way has.

  • Chris SeveneyBusiness Member
    Moderator
    Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes
    2y
    Quote from @Lilly Fang:
    Quote from @Chris Seveney:

    @Lilly Fang

    The way I have done this in the past was I had a lien on the property and let the property be in the name of the partner but we had a jv agreement outlining the terms of the profit split on the deal


     Yes, I think this is the way I would like to do. It's just easier. Just don't know what risk this way has.

    In the JV agreement make sure there is a completion date and you still have an interest rate on the note. If it is not completed by a certain date or certain cost etc. then you can take over the project. Think of all the things that can go wrong and you want a way to remediate it in the JV agreement. we did this once and the partner never started the work after a year so we deemed the note in default and were going to take back the property but they ended up selling another property to pay us off.

    7e investments53 Reviews
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