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All Forum Posts by: Adam Hershman

Adam Hershman has started 0 posts and replied 228 times.

Post: SEP retirement account

Adam HershmanPosted
  • Las Vegas, NV
  • Posts 237
  • Votes 107
Originally posted by @Nicholas Sorrell:

Jaime R. Thank you so much. I need to do some more research on this subject. But can you give me a quick rundown of what a non-recourse loan is?

I read earlier today that you cannot get financing for real estate investments purchased through IRAs, that it was an all cash purchase. It sounds like you are saying that is not true. 

 Hey Nicholas

Non-recourse financing means simply that the lender has no recourse against you (the IRA owner) and only has recourse against the IRA in the case of a default on the loan.

That being said, it basically works like this...

The loan that you apply for will be secured by the banks interest in a property that you are purchasing. Essentially instead of using your credit to secure the loan, the bank will want an appropriate interest in the asset you are purchasing. In this case it will be a property. This means that you wont be able to get the 80% LTV that you normally would with conventional financing, and will most likely be capped in the 50-60% LTV range. This gives the lender enough of a cushion that they believe they could sell the property and recoup their expenses, in the case they needed to foreclose.

Also remember, if you do this in your IRA, it will expose you to UDFI (unrelated debt financed income) which will generally result in a tax burden.

Adam

Post: Multiple 401Ks to self-directed or other options

Adam HershmanPosted
  • Las Vegas, NV
  • Posts 237
  • Votes 107

No problem. Used to do it for a living so I know the in's and out's, let me know if you have more questions.

Post: Multiple 401Ks to self-directed or other options

Adam HershmanPosted
  • Las Vegas, NV
  • Posts 237
  • Votes 107

Hey @TJ P.

Sorry, I wasn't very clear on that. So basically you need to decide if you want to use this money as an IRA wealth building strategy, or if you want to "start your RE empire" so to speak. I would advise going the IRA wealth building route, but I'll outline the 2 options.

First, you can decide that you want to use this money as an IRA wealth building strategy using RE as your investment of choice. If you go this route, you need to understand that all assets will be IRA assets. You wont have access to the property for personal use, the funds the property generates, and you wont be able to use the equity in the home for any personal activity. You may, however, use the equity in an IRA asset to purchase another IRA asset. That being said, IRAs do not have credit and because the IRS expects you to keep an IRA as a strictly retirement entity, you cannot assign your creditworthiness to your IRA. In other words, you cannot guarantee a loan made to your IRA, so you will not be able to use traditional 80/20 financing. You can use non-recourse loans, essentially secured by the property you are taking the loan against, but these generally top out at 50-60% LTV as opposed to conventional which can be as high as 96.5% LTV. Again if you decide to go this route, you will need to keep any assets and/or funds used for, and gained from this investment in your IRA accounts. I know you said you were looking at turnkey property, but keep in mind, you can not personally contribute to an IRA asset. Meaning, you can not mow the lawn of your rental property. You can't change locks, you cant replace carpet, you can't paint, etc. with an IRA asset you can not perform services other then semi-property management services. You can hire contractors, PMs, or any other professionals you need to provide services, so long as you, your family members, and/or companies you and/or your family owns don't provide those services directly. (That is broad strokes, to see more about who you can and can't deal with research prohibited transactions and disqualified persons.) I would suggest going this route.

OR

Second, you can take an early distribution from your IRA, which will be taxed at your earned income rate, plus a 10% early distribution tax. Once you have that money you can do whatever you want with it. You will be subject to all of the normal taxes etc. but you can also write off all of the usual stuff. The downside being, conservatively speaking, you will have approximately 30% less capital to invest (conservatively being 20% effective bracket +10% penalty.) I would not recommend this option.

Third option that I just thought of but has a higher threshold for execution. If you have any self employment income, you can start a company (can be sole proprietorship, LLC, C Corp, etc.) and as long as you don't have any employees other than a spouse, you can set up an individual 401k. Unless you have a substantial amount of self employed income you wont be able to contribute much, but you would be able to roll over your current accounts into this solo 401k. The plus side is, just like a traditional 401k at a large employer, you can take a loan for up to 50% or $50,000 (whichever is less) of your balance as a 5 year loan at prime +1%. This option is freaking awesome because you can use this loan for anything, vacation, paying debt, a girlfriends shoe shopping habit, or even RE. You can borrow your down payment at a low interest rate, from your retirement account, and pay your 401k interest instead of a lender. Any property acquired with these funds would likewise be considered outside of the 401k and any rent would be yours to use as you see fit. You can also use conventional 80% financing as well. Like I said, a little more difficult to execute, but very beneficial to keep the money tax sheltered, but still have access without the IRA restrictions.

Also when you say time frame for returning funds to the IRA, I think you may have heard about what some people call a 60 day rollover. This is NOT something I would advise doing, and the IRS frowns on it at best. Essentially an indirect rollover consists of one institution sending you a check, usually for the total amount of your retirement account (IRA, 401K etc) in order for you to "rollover" those funds to another institution, by either endorsing and sending the check along to your new firm, or depositing the funds and making an equal contribution to another reitrement account. The IRS gives you a 60 day window to complete this "rollover". Some people, who are generally misinformed, think that this is a 60 day loan they can take from their IRA. This is NOT the case, and you should not use those funds for anything other than a rollover.

Hopefully that wasn't too much info

Adam

Post: Multiple 401Ks to self-directed or other options

Adam HershmanPosted
  • Las Vegas, NV
  • Posts 237
  • Votes 107
Originally posted by @TJ P.:
Originally posted by @David Veikune:

Im no expert but rolling them into one single self directed ira seems like the best option. 

 I'm no expert either but I wanted to make sure that was the best vehicle for what I want to do.

 Hey TJ,

I just want to clarify, if you are planning on converting all of your old retirement accounts into one SD IRA, you will be perfectly fine, and this is most likely the best way for you to handle a SD IRA account as the fees can be pretty steep.

That being said, if you are planning on then using that pooled money as a down payment, there are some pitfalls you should be aware of. First, you will not be able to use conventional financing. Because the IRA will be putting up the down payment, and because IRS rules prohibit you from assigning your credit rating to the IRA, you will need to use non-recourse financing (usually 50-60% LTV) instead of a traditional 80% LTV loan.

Secondly, if you are planning on using this money for a flip, you need to be aware that you can not perform any of the rehab yourself. Additionally, depending on your activity you may be exposed to UBIT (unrelated business income tax). 

Thirdly, any and all income from the property must be put back into the SD IRA, or it will be taxed as a distribution at earned income (+10% if you are under 59 1/2). So if your plan was to use the SD IRA money to start your RE empire, you may want to rethink using qualified funds.

Hope that helps.

Adam

Originally posted by @Steve G.:

What is the best way to find investors that are interested in partnering with a sponsor?

 Hey Steve,

I have no experience in finding a partner for a RE deal, but I have been in sales for practically my entire adult life. I can tell you from my perspective, I would only partner with someone who either had 1) capital that I need for my intended project, or 2) someone who brought substantial experience that I don't have, including a track record of success.

Basically, if you aren't going to bring your money to the table, you better have a great sales presentation on why you are the most knowledgeable person around and how that will increase my ROI. I would also want to see prior completed projects, or some other type of confirmation of your skills/expertise.

Everyone says they have the next big thing, or are the best at something. I need proof, and as the saying goes, it's usually in the pudding. If you got no pudding, then obviously you're not so great. 

I know this sounds counterintuitive but it's kind of the same quandary as corporate hiring. You can't get experience without getting hired first, but no one will hire you without experience. 

Hope that was helpful

Adam

Post: Owner financing and Dodd Frank

Adam HershmanPosted
  • Las Vegas, NV
  • Posts 237
  • Votes 107
Originally posted by @Michaela G.:

What's the deal with Dodd Frank - has it become more streamlined and easier to deal with over the past few years, that it has been implemented? Maybe I'm not up on the latest details of this. 

I have a friend, that is planning to sell one of his properties (he's a full-time investor), that he owns with an LLC with owner financing to a buyer, who can't qualify otherwise. He's planning on taking 10K down, starting off with 7% interest and going up a point every year.

I warned him about the Dodd Frank Act , which requires an entitiy to have firm interest rates for the first 5 years and to qualify the tenant. 

His attorney tells him that there's nothing to worry about and that Dodd Frank is only for big banks and mortgage companies. 

While I've never gotten involved in selling by owner and thus didn't keep up with all the details, that does not sound like correct information to me. Has DFA changed?

I hate to see this backfiring on him, but maybe I"m the one that's wrong.

 Hey Michaela,

I am certainly not a Dodd Frank expert on the mortgage or CFPB side, but I am VERY familiar with the act on the financial side, so I have read through the complete rule several times.

Where your friend may get into trouble, is that he will most likely become a mortgage originator (in DFA terms)...see below excerpt from the Truth in lending act.

"A "Residential Mortgage Originator" is defined as any person who either receives compensation for or represents to the public that they will take a residential loan application, assist a consumer in obtaining a loan, or negotiate terms for a loan. A residential Mortgage Originator is not a person who provides financing to an individual for the purchase of 3 or more properties in a year, or a licensed real estate broker/associate."

This opens him up to all of the rules that mortgage originators have to comply with, for example:

Verification of income

Verification of ability to repay

Additionally, any mortgage in violation of the ability to repay check, or any mortgage with "excessive fees or abusive terms" can be easily voided with no statute of limitations if/when you try to foreclose on property with said mortgage. 

Basically, in my opinion (which is not an attorneys opinion as I am not an attorney) your friend should steer clear. If someone is going to take a 7% mortgage loan, they will likely fail the ability to repay test, because their credit profile is poor, hence the outlandish rate. On the other hand if their credit profile is good, then they would qualify for a much lower interest rate, with no adjustable terms, and the terms of said mortgage would be considered abusive. In either case, if he ever needed to foreclose, he would need to pray to any and every god available, that his tenants have a terrible attorney, otherwise it's likely he will never be able to enforce the terms of that mortgage, and will like lose any foreclosure proceedings and additionally might be subject to predatory lending penalties. 

Adam


Originally posted by @Jerry Kisasonak:

@Jeff Greenberg

The specific question I have in mind right now is in regards to being a lead investor. Basically, since the other investors/partial owners are very busy in their given professions/occupations, we would like to contribute mostly by locating, contracting, syndicating and managing the project. From my understanding this is essentially the capacity which a lead investor holds.

So the specific questions are:

1. What is reasonable for a lead investor expect to profit percentage-wise from the deal?

2. Is this ever done with the lead investor contributing a much smaller amount of capital versus the other owners in the project?

3.  Is this ever done with the lead investing none of their own money, but getting paid purely for assembling the deal and managing it?

I realize these may seem like silly questions for someone more experienced in this arena. This sector of real estate is new to me and I'm, at this point, just trying to identify the opportunies. Any good books you could suggest on this subject?

 Hey Jerry,

Can you clarify some things? You might not be actually wanting to "syndicate" as much as just partner with investors. The first question is, do you plan on soliciting investments from large numbers of people? And if so, are you planning on forming a continuously operating entity? Or just a partnership for an individual project?

Essentially if you are only looking to partner with investors on 1 project, and will never want to sell any shares of the company after it is formed, you can just set up an LLC as a partnership and have ownership percentages broken down according to capital contributions, with yourself as the managing member with a certain percentage of ownership for which you will manage the LLC and its project.

On the other hand if you are planning on starting a continuously operating company, meaning that you will buy and sell multiple properties, and/or work on several projects, with the intention of growing the company and offering shares to additional investors, then you will need to either register with the SEC, or find an exemption (most likely regulation D) from registration requirements.

As always, I am not a practicing attorney and, you should seek the advice of one if/when you pursue this option.

Adam

Post: Out of State Withholdings

Adam HershmanPosted
  • Las Vegas, NV
  • Posts 237
  • Votes 107
Originally posted by @Peter Mckernan:

Hello everyone,

I wanted to see if anyone can explain the FTB withholding requirements for out of state property owners. I was asked about it yesterday and I could not find the clearest information on the topic. I gathered the withholding is applied to the gross income of the property. Does the owner hold this after he receives the money from the property management company for the rental income, or does the property management hold this percentage for the owner?

Hey Peter,

Start here - https://www.ftb.ca.gov/individuals/wsc/withholding...

This should clear up a lot of your questions. The payer has several ways of handling reporting to the FTB, depending on if they are reporting before, during or after the actual payment.

This should help with that - https://www.ftb.ca.gov/individuals/wsc/summary_non...

I'm no expert on the subject, but it seems pretty straightforward based on the above links.

Adam 

Post: Syndication vs REIT

Adam HershmanPosted
  • Las Vegas, NV
  • Posts 237
  • Votes 107
Originally posted by @Matt Peebles:

 Adam, what would be a better way to package a deal if I'm soliciting funds from an investor or equity partner? Is there a guide on this?

 Matt,

How many people and or how much money are you talking about soliciting? Do you plan on soliciting in multiple states? Are you planning on running this company continuously, or just forming it for the purposes of acquiring a specific asset? You could potentially form a company and offer shares under a regulation D 505 offering, but it would need to be under $5M in any 12 months, and you need to have 35 or fewer non-accredited investors who need to receive disclosures generally similar to those of a registered offering. Luckily you don't even need to provide disclosures to accredited investors, although if you do give them information, non-accredited investors need to receive that same information. You would also need to have your books audited by an independent public accountant, and file a form D with the SEC electronically. 504 Reg D would be semi easier, but also a lower fundraising ceiling.

Basically, in the SECs view, if you are a business entity (LLC, LP, C Corp, S Corp, etc) and you want to raise money by selling securities, even if it is only to 1 person, then you need to either register or operate under one of the registration exemptions.

Good news is that would be worst case in terms of set up, and you would only need to do that if you were talking about more than a few investors, or if you wanted to grow the company by soliciting additional investments after the company was formed. If you only have a handful of people that you want to partner with on a single investment, just set up an LLC with yourself as the managing member and break down ownership based on capital contributions. If you intend to start a company that will grow, and eventually want to offer shares to additional investors, then you will eventually need to follow the scenario above.

Hope that helps

Adam

Originally posted by @Brent Coombs:

@Adam Hershman, no need to apologize for the spoiler alert. You're right: I "know the story from there". I've heard that the success of this film is largely BECAUSE you find yourself rooting for the people who helped America (ie. many of the audience) become bankrupt! Apparently, you don't like being suckered?.

Sort of like 'Ocean's Eleven' - you WANT the crooks to succeed. In the original version, they didn't - until Hollywood remade it so they [Spoiler Alert] did! {Or, did you ONLY like the original}? Cheers...

 Actually, I didn't find myself rooting for anyone, but rather being quite upset that the movie portrays individuals who figured out the crash was coming and made money as heros, while decrying "wall street" banks as evil and greedy despite losses. If you see the movie you'll see what I mean, basically the pot is a hero while the kettle is a villain. 

Adam