Skip to content
×
PRO
Pro Members Get Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here
Pick markets, find deals, analyze and manage properties. Try BiggerPockets PRO.
x
All Forum Categories
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

All Forum Posts by: Andrew Lax

Andrew Lax has started 9 posts and replied 62 times.

Post: Negative cash flow for 2nd rental?

Andrew LaxPosted
  • Investor
  • Miami
  • Posts 63
  • Votes 33

maybe some of us older guys remember when RE only appreciated a few points a year at best.... 

all you young bucks think these huge annual appreciation numbers are the norm - they are "not" 

if you cant get an annual return better than that of a t-bill or CD - run .... 

Quote from @Robert M.:

In 2016 my parents loaned me the down payment for a rental property ($150k toward a $600k duplex in a midsize East Coast city). There were no formal terms or expectations - it was just "here's the money, don't be dumb". They didn't want to be on the deed, so it was in my name.

I hired a property manager and for the next few years things went smoothly. My cash flow was a little negative, but for the most part I did thing my parents told me to of paying down a mortgage using rental income.

By 2020 I had moved to a different state and a pandemic happened. I was relying on the manager for everything and it was getting expensive. Separately — and this is a more minor gripe — it was complicating my tax situation to pay state and local income taxes in a place I didn't live anymore.

I pitched to my parents that I would sell the place and roll it over into a comparable property closer to where I live. They gave a firm 'no' — for whatever reason, they were really attached to this duplex they had hardly even seen before. We couldn't reach a compromise, so finally I made the difficult decision to sell the place and give them 100% of the proceeds back. Lesson learned on going into business without exit plans, I guess...

For reasons out of scope here, I just filed my 2021 taxes and the IRS hit me with a $30k capital gains bill (not including interest or penalties). Which brings us to...

Ever since the bill came, we've been fighting over who's responsibility it is to pay it. Because I paid late I would obviously cover interest and penalties, but they're livid with me about the capital gains. They've said I need to learn to be more responsible, and that I'm endangering their financial wellbeing. (I will let you draw your own conclusions about my parents' finances given that they gave me a $150k down payment without much of a conversation about it.)

At the end of the day, I lost money on the property from owning and operating it, and my parents made a modest profit from the sale. I feel like the taxes should be paid from the proceeds, not from me as the go-between. I would really appreciate any opinions on this from an ethical standpoint. My parents are close to disowning me, and I want to do the right thing.

Gen Z i assume ? just kidding ... 

Did they receive any profits from the net income, sale, loan, etc ?  Did they receive the depreciation benefit ?

I would tell my kids the same thing - your deal your problem..

Now apologize to your parents for assuming they have any liability on this and thank them for the loan..

Post: Seller Financing - Florida

Andrew LaxPosted
  • Investor
  • Miami
  • Posts 63
  • Votes 33
Quote from @Chris Seveney:
Quote from @Andrew Lax:
Quote from @Chris Seveney:

@Andrew Lax

Not if it’s owner occupied, and it’s not as much Dodd frank but compliance for housing paper after it’s originated

Stick with hard money.


Agree .. That is my primary focus... Main problem is net income doesn't cover the debt service so while there should be some long term upside on the assets I am having difficulty finding interested investors.  

May have to get "creative" 


 If you have no debt on those assets, how can the income not cover the debt service? I am confused. What is it you are trying to do?


I am exiting my portfolio - so this is based on the proposed sale price and hard money loan... 

A typical house in my portfolio would be 400k (40k down) = 360k loan @ 10% = 36k annual ... 

Current NOI with tenant in place is 20k ..

Post: Seller Financing - Florida

Andrew LaxPosted
  • Investor
  • Miami
  • Posts 63
  • Votes 33
Quote from @Chris Seveney:

@Andrew Lax

Not if it’s owner occupied, and it’s not as much Dodd frank but compliance for housing paper after it’s originated

Stick with hard money.


Agree .. That is my primary focus... Main problem is net income doesn't cover the debt service so while there should be some long term upside on the assets I am having difficulty finding interested investors.  

May have to get "creative" 

Post: Seller Financing - Florida

Andrew LaxPosted
  • Investor
  • Miami
  • Posts 63
  • Votes 33

I currently own 15 rentals with no debt and plan to hold paper.  

Working on hard money loans to investors now but Is there a workaround for Dodd-Frank to sell and finance to an individual?

also open to other ideas to generate so cash flow - ROE is really an issue 

Thanks !! 

Post: Seller Financing Dodd

Andrew LaxPosted
  • Investor
  • Miami
  • Posts 63
  • Votes 33

Curious, why do you want to sell and hold the paper vs. doing a 1031 or just selling outright?

Thank you guys....  

Just reviewing all options.... I am primarily a commercial RE investor.

Assume its not easy to 1031 15 separate properties - plus I believe the market is still overvalued and not ready to buy.

I also lend Hard Money and may see if there are investors interested in these properties.

Post: Seller Financing Dodd

Andrew LaxPosted
  • Investor
  • Miami
  • Posts 63
  • Votes 33

Posting here -  Apologize if wrong forum

I current own 15 single family homes in Fort Lauderdale and would like to start selling and hold paper. 

Each is held by the same LLC with no debt.

Trying to understand Dodd Frank-Frank ("DF") but a little unclear... 

I will discuss with my attorney obviously but was hoping to get an eduction from you guys first.

Am I incorrect thinking DF does not apply if I sell and finance 3 properties or less per year? 

Thank you in advance ... Much appreciated... 

Post: cash flow or appreciations (in California)

Andrew LaxPosted
  • Investor
  • Miami
  • Posts 63
  • Votes 33
Quote from @Jason Phu:
Quote from @Andrew Lax:

If it doesn't cash flow it's speculation. 


at a certain point, I agree with you. But it also depends on the market. CA is mostly appreciation, that's why housing price in CA is so crazy.

Buying on speculation at the top of the market would probably not be my go to plan .... 

10 years ago with the market conditions and low rates maybe.  but not now. 

If it doesnt throw off 10% ROI I would think long and hard ...

Not saying there are not deals out there that make sense ..

Just be careful relying on appreciation only... 

I am an old dog and seen many lay to waste thinking this train will keep rolling forever 

just be careful buying on a hypothetical appreciation number - markets dont run forever 

Post: cash flow or appreciations (in California)

Andrew LaxPosted
  • Investor
  • Miami
  • Posts 63
  • Votes 33

If it doesn't cash flow it's speculation. 

Quote from @Steve Vaughan:
Quote from @Andrew Lax:
Quote from @Steve Vaughan:

Congrats on your free and clear portfolio! @Andrew Lax

For CFD installment sales I generally require 10% down and 6% interest for a well-vetted buyer. They can do interest only for a couple years, then have a balloon in 5 or 10 years.

 Thanks - 6% appears a bit low in todays market... Was thinking +200 bps over a 30 year mortgage, 3 points, interest only for 10 years... and of course a premium on price :-). 

 So you'll gouge them 3 ways. Nice. Better get a large DP too for when you take it back.

With a CFD, they don't even own it ya know. They'll have to buy it for real with a purchase loan.


 I can make 5% in a savings account.... I assume these buyers are similar to Hard Money borrowers which I am abundantly familiar with ...