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All Forum Posts by: Andrew M.

Andrew M. has started 14 posts and replied 73 times.

Post: Conventional Lending Question

Andrew M.Posted
  • Rental Property Investor
  • San Diego, CA
  • Posts 73
  • Votes 55

@Stephanie P.

We are using this particular property as a second home, so out of an abundance of caution, we put both names on the loan application to secure a better DTI. It came down to laziness, honestly, to do so since we were both well under our 10 loans individually and didn't know it would be a problem.

Come to find out that it would have worked with one of us and not both, but at this point we’d need to start the entire underwriting process over again and that could take a month to close. Trying to avoid that extended timeline.

Post: Conventional Lending Question

Andrew M.Posted
  • Rental Property Investor
  • San Diego, CA
  • Posts 73
  • Votes 55

@Nicholas Covington

Black and white, in writing. Exactly what I was looking for, thank you!

@Brandi Sharp

Seemed strange to me as well, but have never been in this situation either. Always learning!

Post: Conventional Lending Question

Andrew M.Posted
  • Rental Property Investor
  • San Diego, CA
  • Posts 73
  • Votes 55

A quick question for all the Fannie Mae/Freddie Mac conventional mortgage originators out there.

I have six loans in my personal name and my wife has five in her name. We are buying property #12 as a second home and applied jointly for funding for the first time. The lender is telling us that even though the other 11 are now treated as jointly for #12 and they are denying the loans based upon the fact that we are not allowed to have more than 10 loans.

She is trying to now underwrite one of us singly to see if we qualify, but we were supposed to close in four days and it would be great to save her the time and hassle and close on time.

What say you?

Post: TX Series LLC and Structure/Taxation

Andrew M.Posted
  • Rental Property Investor
  • San Diego, CA
  • Posts 73
  • Votes 55

@Lance Lvovsky Thanks for the quick reply. We do have separate books and records for each series. Where would one be able to find a reference to needing only one tax return for the master? This is my thought as well, simply cannot find a black and white reference.

Post: TX Series LLC and Structure/Taxation

Andrew M.Posted
  • Rental Property Investor
  • San Diego, CA
  • Posts 73
  • Votes 55

Howdy everyone, I've got a question for you tax and legal gurus. I'm getting highly differing feedback from my lawyer and CPA on the proper structure and taxation of Texas Series LLCs.

The CPA is advising that each series must file it's own return because each of the series have myself/my wife as partners on the Company Agreement. To be treated and taxed as one, the 'master' would need to be listed as the owner/member of each of the series to have the 'flow through' advantage.

The lawyer is advising that this is not possible, that the master and the series are one in the same, and that all of her previous clients have been able to file the series as one return through the master.

The difference here is quite a bit of filing fees from the CPA for multiple returns, all of which only have one rental home each. What say y'all?

Post: Texas Series LLC - Management Series

Andrew M.Posted
  • Rental Property Investor
  • San Diego, CA
  • Posts 73
  • Votes 55

It sounds like you may have already read this, but Real Estate Law and Asset Protection by David Willis is a book written specifically about this scenario and specifically regarding Texas Law. I think you can go to his law website and read the whole book on the different tabs as opposed to even purchasing the book.

This is the way I have my business structured and have been happy with it.

Post: A Culmination of Lessons Learned

Andrew M.Posted
  • Rental Property Investor
  • San Diego, CA
  • Posts 73
  • Votes 55

The past few weeks have been a proverbial roller coaster; financially, culturally, economically, and financially. As with any crisis, there are always lessons to be extracted if we can maintain our emotional bystander status. For context, here is some background information.

I am an airline pilot for one of the world’s largest airlines. Ever since the beginning of my career in late 2011, the airlines have been on an upward trajectory, following suit with the rest of the global economy. In airline-speak, when the times are good, d*mn are they good. When the times are bad…yikes. Less than three weeks ago I received the largest profit sharing check of my life due to a flood of socio-economic factors and adherence to a people first, growth mindset by my company. Good times were had by all.

As the slightly unstable Mike Tyson once said, ‘Everyone has a plan until they get punched in the face.’ Well, here we are lying on our rear-ends looking up at the ceiling, starry eyed, trying to piece together what just happened. There’s no better time to take a look and see how fit we are to get back up and at it.

It’s no secret that the airlines are in a world of hurt at the moment. As the CEO of American Airlines famously said in 2017, ‘We’ll never lose money again.’ Here we are, richer than we’ve ever been, and most airlines (if not all) are hemorrhaging cash at such a rapid rate, many will not be solvent within two months from today without external aid. Labor groups will suffer. It doesn’t seem likely, at least at the moment, that anyone will be losing their jobs. But up to a 2/3 pay cut, which is far more likely, will sure punch you in the face. I worry deeply about my co-workers that couldn’t save for a rainy day even when the sun was shining.

Real estate investing is the same as any other undertaking in life. It’s not the outcome that matters, it’s the energy, time, focus, learning, and understanding we gather in the meantime that is the gold at the end of the rainbow. It’s times like these that I cringe even more at the ‘how can I invest in real estate with zero money TODAY’ crowd. People, real estate investing isn’t a darned popularity contest or social media attention grabber. What you’re really meaning when you say that is this: “I don’t want to learn the fundamentals of personal finance. I don’t want to save money to be able to invest correctly. I don’t want to learn the self discipline that will give me the solid foundation that I can eventually invest life-changing sums of money and accrue massive amounts of assets. I simply want to do the bare minimum today because I only do what’s fun and easy!” How far has only doing the bare minimum at ANYTHING gotten you in life?

Right here, right now, this is a stress test of our past lessons learned and the self-discipline to enact and live according to them. Without saying that this is the right way or the only way, my wife and I sleep well at night because we’ve found a strategy that works for us. We’ve got a cash cushion in the bank, cash flowing assets that will more than cover our lifestyle and the mindset to control only what it is that we can control. As the world economy tanks and fear is alive and well in the streets, we are planning a (camping) road trip through the western state’s national parks. A time for thinking about thinking. A time to evaluate what this crisis means to us in our personal lives. To re-evaluate values and passions. A chance to slow down from the ‘hustle and grind’ (the phrase that makes so many of us cringe in the first place) and take the time to enjoy a sunset together, read some books, do some house projects, and go for a walk on a snowy day.

I digress. But I truly am curious to see what you’ve done in the past to provide for peace of mind during chaotic times. Thanks for sharing as we all look to add more weapons to the war chest!

Post: Leasing to Carehome Operators?

Andrew M.Posted
  • Rental Property Investor
  • San Diego, CA
  • Posts 73
  • Votes 55

@Gary F. Has anything changed for you in the past 7 months since posting?

I'd agree with @Michael Encoy and his evaluation at the beginning of a partnership. I currently own four homes that I rent to residential care home operators in TX. I met with the business owners, looked through their books and listened to their business plan. It helped with this particular operator that there was a family legacy in the industry and they were incredibly competent. We signed a five year commercial lease (state promulgated) before purchasing each of the homes averaging about $1000-1300 above market rents. The tenant is responsible for most of the day to day repairs, with me being responsible for the roof, A/C and water heater.

Be aware that if you do this, the insurance requirements change significantly. You most likely cannot use a DWF landlord's policy. I have a commercial policy consisting of home coverage plus $1MM general liability for each property, and the latter is secondary to the operator's (required and primary) $1MM general liability policy on each of their business locations. 

Post: Transferring Deed from Personal Name to Trust in CO

Andrew M.Posted
  • Rental Property Investor
  • San Diego, CA
  • Posts 73
  • Votes 55

@Bill S.@Crystal Brooks @Chad G. @Aaron K.

Thank you for the feedback. I'll report back with how this plays out with your recommendations (and input, in Bill's case ;) )!

Post: Transferring Deed from Personal Name to Trust in CO

Andrew M.Posted
  • Rental Property Investor
  • San Diego, CA
  • Posts 73
  • Votes 55

Good afternoon - after searching the forums, there is little in the way of recommendations for anyone in the state of Colorado that has used an attorney to draft trust documents and an associated deed to transfer ownership of a private residence out of my personal name. Has anyone done this with a Colorado based attorney that can prepare documents and file with the county? This is simply an asset protection and anonymity strategy.