Silent Partner & JV Structure

Silent Partner & JV Structure

Rental Property Investor · Cedar Park, TX · Member since 2017 · 59 posts · 51 votes

I am running into some issues in getting a loan for an investment property with a Special Power of Attorney document that allows me to operate on my partner's behalf to get and secure property.  My partner is a family member and we have a written agreement in place on how we both can benefit from this, but my partner wants nothing to do with the real estate transaction process, he is just bringing money to the table and will carry the loan.  This is our first run at this and I have obviously made a mistake in understanding what will be recognized and an approved method of doing this kind of business.    So in short (ish), since I have the time and desire to pursue this, and he has the money, we are targeting 3-5 purchases in the next 12-18 months.  I have identified our first deal and an offer was accepted.  

In going through the loan process, the mortgage company has pretty much told me that the special POA means nothing to them, and my silent partner is now in the mix with all of the loan details, which is exactly what he didn't want to do. We are in Texas and want to know what is the best structure that will allow us to accomplish our goals. My partner is getting frustrated, and so am I. I understand there might be some hesitation due to the fall out of 07 with straw investors, but my partner is willing to do what is necessary to prove he is real and has qualifying assets.... once.

So what is the mechanism we need to have in place to let me run this seamlessly and leverage his assets?

Thanks in advance.

Newbie investor 

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Investor · Corpus Christi, TX · Member since 2012 · 2k+ posts · 1k+ votes
9y

@Ronald Rohde

You could be right Ronald, but the point of my response was to seek clarity. Providing the OP with my assumptions in a response when said assumptions are based on extremely limited information would be less than valuable to any of us.  

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  • Investor · Corpus Christi, TX · Member since 2012 · 2k+ posts · 1k+ votes
    9y

    @Bryan Petrinec

    1.  Why do you need a loan if your friend will provide the money for the purchase?

    2.  Is your funder a "silent partner" or a "lender"? 

    3. Why do you need a POA?

  • Ronald RohdePro Member
    Attorney · Dallas, TX · Member since 2016 · 5k+ posts · 2k+ votes
    9y

    I would recommend discussing with an attorney. You and your partner probably need a corporate entity with you designated as a manager. Your partner will still have to sign a personal guarantee, but should drastically simplify the due diligence process.

  • Ronald RohdePro Member
    Attorney · Dallas, TX · Member since 2016 · 5k+ posts · 2k+ votes
    9y
    Originally posted by @Guy Gimenez:

    @Bryan Petrinec

    1.  Why do you need a loan if your friend will provide the money for the purchase?

    2.  Is your funder a "silent partner" or a "lender"? 

    3. Why do you need a POA?

     1. I suspect partner is providing equity, still need debt

    2. He's a partner in that they share profits, his money is coming into the project as equity

    3. POA to approve debt, release application, credit checks, etc. Plenty of things a "partner" has to sign...

  • Investor · Corpus Christi, TX · Member since 2012 · 2k+ posts · 1k+ votes
    9y

    @Ronald Rohde

    You could be right Ronald, but the point of my response was to seek clarity. Providing the OP with my assumptions in a response when said assumptions are based on extremely limited information would be less than valuable to any of us.  

  • Rental Property Investor · Cedar Park, TX · Member since 2017 · 59 posts · 51 votes
    9y

    Ron, your assumptions are correct. My partner has cash that he is infusing into the deal and the goal is to use that cash as down payments to acquire multiple properties and use a conventional mortgage for the balance. Since his balance sheet is much stronger and there are some needed tax advantages for him to take on the mortgages as well, we put the POA in place to allow me to leverage his credit and get the mortgages in his name. The JV structure is in place to account for the initial infusion of cash, the goals of our agreement, and how profits are split. I am putting in the "sweat equity" into this venture as my partner has other interests and is at this from a buy & hold perspective and wants to put the same level of effort into this as any other part of his portfolio, which is minimal.

    Do you know any attorneys in the Austin area that focus on these types of structures that you can recommend?  We are going though a steep learning curve with having our first property under contract, and the goal of this discussion was to get input on structures that would make the next purchases go smoother and with less involvement from my partner.  

  • Rental Property Investor · San Antonio, TX · Member since 2017 · 25 posts · 7 votes
    8y

    Hey Bryan-

    I realize this is 6 months after the last comment, but I'm interested to see how it worked out. I believe you are looking for conventional (SFR aka Fannie/Freddie) funding. That type of funding can't have the down payment/equity come from someone that is not on the note; it's considered a gift and gifts are not allowed for invest properties under Fannie and Freddie. That being said, if you can setup an LLC or other business entity you can get commercial loans and those come in all shapes and sizes. There are startup costs associated with the business that might turn you off. Another option would be to find a small local bank that does portfolio lending (non Freddie/Fannie). Those lenders make up their own rules, to a point, due to them keeping the loans on their balance sheet aka not selling them to the large mortgage buyers.

    Anyways, I hoped you found a solution. I would be interested to heard what it was if you get some time! 

  • Rental Property Investor · Lake Forest, CA · Member since 2018 · 27 posts · 9 votes
    7y

    @Bryan Petrinec any update on how this turned out? Were you able to find a solution? 

  • Rental Property Investor · Cedar Park, TX · Member since 2017 · 59 posts · 51 votes
    7y

    Apparently, with the new rules for loans (new since the bust), it is up to the mortgage company if they want to accept the power of attorney paperwork or not.  If they don't and there is a valid case, you can have an attorney representing you provide them the appropriate justification but will delay closing and even if using the same mortgage company you may need to do it again for the next property.  

    In that instance, and for the next 4 transactions, I just had my partner sign and then moved the property into an LLC after close. We are now in a position where we have started buying properties cash so it is no longer an issue.

    Overall, I am still glad we have all the paperwork in place as I am managing all the properties.

    Hope this helps.

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