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Updated about 7 years ago on . Most recent reply

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Nate Martin
  • Milwaukee, WI
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What would you do in this situation? First investment property!

Nate Martin
  • Milwaukee, WI
Posted

Hey everyone. First post asking for advice. =)

Purchased a duplex for 90K on a land contract in August. About to close on it Friday the 26th and buy out the sellers mortgage with my own. His mortgage was 140, so I will inherit about 50k worth of equity. During the process of me applying for my loan I had to get an appraisal. It appraised for 220k. 

I needed to borrow 7k from my parents to get the loan approved, and I will have to pay them back after it closes. I plan on taking out a HELOC off the equity to pay them back.

My original plan with this deal was to get some tenants into the property to pay my mortgage for me so I "technically" wont have a house payment, and what I used to spend on rent before I bought my house, and any rent I collect will go into a savings account that I can use to purchase another property. (advice from the bigger pockets set for life book)

My question is, since I have to get the HELOC anyway, should I just get it for the max amount and use that money for my next property? Or I could then use that money and become a hard money lender correct? If I do that, what consequences arise from these decisions?

Should I just get a HELOC for the 7k that was borrowed from my family and put it on the market and see if it sells for the appraisal value, cash out and then have the money in cash and fill out a 10-31 exchange?

Speaking of a 10-31 exchange how does that work? does the next house have to be equal or greater value or lesser value than the previous house?

Any advice on what you would do in this situation would be super helpful. Thanks everyone! 

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Dave Foster
#1 1031 Exchanges Contributor
  • Qualified Intermediary for 1031 Exchanges
  • St. Petersburg, FL
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Dave Foster
#1 1031 Exchanges Contributor
  • Qualified Intermediary for 1031 Exchanges
  • St. Petersburg, FL
Replied

@Nate Martin, A couple off the cuff thoughts.  First to sell that property that quickly and attempt to do a 1031 is a little risky.  1031 is available for property that you have purchased with the intent of holding for productive use.  So even though there's no statutory holding period - longer is better than shorter.  Most folks feel comfortable at a year+.  Related to that if you pull a heloc on that property immediately prior to selling and then attempt a 1031 the IRS will, if they examine your return, most likely disallow your exchange.  They view taking out equity immediately prior to a 1031 sale as just a way of accessing profit.  So without any other information that kind of makes your plan a non-starter.

To answer your question however, if you want to avoid all tax you need to do two things - first purchase at least as much as your net sale (contract price minus closing costs but before mortgage payoff).  Secondly you must use all of the net proceeds in the next purchase or purchases (the net sale minus mortgage payoff).  You can buy less than what you sell and you can take cash out.  But the IRS calls that taking profit so that amount would be taxable but not affect the rest of your 1031.

  • Dave Foster
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