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Updated about 6 years ago,
Please correct me (Rate/Term and Partnership Question)
Background: The private equity who is lending me the money to do the deal is actually an equity partner. He is bringing all the money. However to get the Rate/Term loan without the seasoning period, he will be in the first lien position at closing. Once the Rate/Term loan is through, he will get his money back ( current ARV supports this) and release the lien. Post refinance, I will be on the title and loan but he will have 50% equity.
Question: Am I correct to say the partnership agreement between me and him is the only place that will dictate the ownership of the property. If I were to sell the property without his knowledge, I can (I will never do that). He will have to sue me to enforce the partnership. Is this the best way to have 50-50 partnership where one partner has all loan and is in the title?
Your goals and story: This is a BRRRR Deal.
Type of property: Single family home
Location of property: Atlanta, GA
Purpose of financing: rate/term refinance
Type of financing sought: Fannie/Freddie
Current or prior ownership of real estate: Currently own one Triplex, one SFR and closing two next week.
Occupancy: investment with traditional long term leases
Value of property at present and/or your offer price: $ 100K
After repair value: $150K (without any work)
Anticipated or actual appraisal issues: anticipated
Current rents per month: $850
Fair market rents per month: $1100
Down payment or equity: ~30%
Source of down payment funds, if applicable: forced equity
Income Source: Salaried/hourly W2
Gross monthly income (optional):
Monthly debt obligations appearing on credit report, plus (if applicable) personal rent and alimony/child support/etc: $
FICO: Excellent
Credit issues: None