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All Forum Posts by: Anthony Rega

Anthony Rega has started 2 posts and replied 15 times.

Post: Looking for a lender: HELOC on investment property in IL

Anthony RegaPosted
  • Lender
  • Greater NYC Area
  • Posts 18
  • Votes 1

We have some lenders that do this with 680 score and CLTV is low.

Post: Seller Financing Tax Question

Anthony RegaPosted
  • Lender
  • Greater NYC Area
  • Posts 18
  • Votes 1
Quote from @David M.:

@Anthony Rega

Maybe its from being "a seasoned mortgage professional with over 20 years of experience."  Although, I don't see 20 yrs of mortgage experience on your Linkedin profile.  
But, maybe think back to when your profile looks to have started out with equity trading.  Your taxable profit is based on your cost basis, perhaps enhanced by margin...

Similar for real estate.  Without a cost basis, there is no way to determine a taxable profit.

Well, if you ever want to chat, send me a private message.  Maybe that will help.

 I understand now,  I was forgetting most important part orginial purchase price🤦‍♂️ 

Post: Seller Financing Tax Question

Anthony RegaPosted
  • Lender
  • Greater NYC Area
  • Posts 18
  • Votes 1
Quote from @Michael Plaks:

@Anthony Rega

I ran out of ways to explain it to you. Your seller already has NO TAXES. Because equity and mortgage have nothing to do with taxes. The only calculation that matters is:

Step 1. Difference between the sales price today ($800k) and the purchase price originally. You never said what they purchased it for. If they purchased it for $600k, then they have $800k minus $600k = $200k. This is called capital gain.

Step 2. Is this gain ($200k in our example) less than the $500k Section 121 exclusion? It is! Then there is no tax. Game over. You won!

What you're trying to do is create owner financing in order to avoid tax. But there is nothing to avoid! You already have ZERO tax. There is NO NEED to owner-finance anything! There is no Step 3.

The error that you insist on making is comparing the $500k tax exclusion to the $800k selling price. No, you compare it to the GAIN, which is only $200k (assuming they bought the property for $600k originally) 

Their remaining mortgage and equity do NOT change anything tax-wise.

Now, if you create owner financing here anyway, for some reason OTHER than tax savings (once again, because there is simply no tax, so nothing to save!) - then the only tax you owe is on the INTEREST portion of each payment as these payments are received.


 Got it🤦‍♂️ im forgetting orginal pruchase price.  They purchased for 50k originally 35 years ago.   selling for 600k so 550k is what we base the gain on.  

Post: DSCR Lender Needed

Anthony RegaPosted
  • Lender
  • Greater NYC Area
  • Posts 18
  • Votes 1

I have borrower that had a fix and flip loan. The project went over budget and flipper is behind 5 months payment and file lis pendes. He finally got CO, but wants to keep property as Long Term Rental. Borrower added a minority partner to catch up payments and had the lis pendes removed. Any lender would refinance property into Long Term DSCR loan? I know conventional need to wait 12 months? thanks

Post: Seller Financing Tax Question

Anthony RegaPosted
  • Lender
  • Greater NYC Area
  • Posts 18
  • Votes 1
Quote from @David M.:

@Anthony Rega

I still don't understand the hypothetical situation..  Still sounds like you aren't looking at profit for taxation...

I THINK to your question, this is like an installment sale.  Since the sellers are getting principal payments over time, they are realizing their profit over time.  Thus, it would be taxed, or part of the sec121 exclusion, over time.

I really don't know that much about how the installment sales or this sort of extended "installment sale," for lack of better term, is handled in detailed.  

Again, your example still lacks the purchase / cost basis, so you need to figure your issue on the profit.  The elements you are stating don't make much any sense as presented since one can't figure out a profit.

I'll try to explain better and put it in numbers and change example
seller has 100k mortgage
seller sells house for 800k and agrees to finance all equity over 500k as a 2nd mortgage.  in this case 200k which seller will not gain in the sale that tax year since he is financing the buyer and will be paid back over time.  

800k sells price 
200k 2nd mortgage
100k payoff mortgage
500k to seller 

200k 2nd mortgage has no payments due that calendar year.  the next year buyer pays mortgage 2000 a month 24k yr until paid off.  

in the case would seller be tax free on the sale and next year taxed on 24k?  

Post: Seller Financing Tax Question

Anthony RegaPosted
  • Lender
  • Greater NYC Area
  • Posts 18
  • Votes 1
Quote from @Michael Plaks:

@Anthony Rega

It's not $500k of the price, it's $500k of the gain.

In other words, if they bought it for $300k and sell for $750k, their gain is $450k, and entire sale is tax-free, provided they owned it and lived there for 2 years and did not sell another home during these 2 years.


I think you misunderstood my question.  Here is an example

Seller married over lived over 2 years Primary filing jointly 

home owned free and clear.  Sells house for 750k,  Not taxed on 500k Gain IRS exclusion,  the extra 250k holding a 2nd mortgage for and will be getting mortgage payments monthly so they avoid the 250k capital gain tax(only taxed on income from mortgage payments received).  Is that correct if they hold a mortgage even though sales price was 750k, netting 500k at closing and 250k is a debt to the new buyer paid back over 30 years or until refinanced and paid off?  

Post: Seller Financing Tax Question

Anthony RegaPosted
  • Lender
  • Greater NYC Area
  • Posts 18
  • Votes 1

If a seller, who files taxes as "married filing jointly" and has owned their primary residence for over 2 years without any outstanding mortgage, wishes to sell their property for $750,000 and agrees to finance a second mortgage of $250,000 for the buyer, would they be required to pay tax on the entire $250,000 in that year? Or would they only need to pay tax on the amount they actually receive from the buyer's mortgage payments that year?

If I'm not mistaken, the Section 121 exclusion allows for a tax-free gain of up to $500,000 on the sale of a primary residence.

If a seller who is married filing jointly that is selling there primary residence own over 2 years own property free and clear and wants to sell the property for 750,000 and agrees to hold a 2nd mortgage for 250k would they need to pay tax on the 250k that year?  Or only the amount they received from new buyers mortgage payment.   

Section 121 exclusion allows up to 500k tax free on primary resident sale if Im not mistaken.   

Post: Cash Out Refinance on Full Cash Purchases

Anthony RegaPosted
  • Lender
  • Greater NYC Area
  • Posts 18
  • Votes 1

You can do a refinance instantly off the purchase price.  Let me know if you need help.  

Post: Low purchasing power

Anthony RegaPosted
  • Lender
  • Greater NYC Area
  • Posts 18
  • Votes 1
Quote from @Brandon Nguyen:

Long story short. Purchased a townhome 2018 before the military using FHA loan. Joined military 2019 deployed, came back and bought a single family home in 2021 using VA loan. Both are currently being rented. Talked to a couple lenders, haven't really dug too deep but lenders are saying my debt to income ratio is too high causing low purchasing power. Bottom line: how do I get more purchasing power? I have read about people having multiple VA loans and using the rent towards "income". Why can I not do the same?


You need to look on your schedule E, make sure your accountant uses deprecation on your rental property, it will help your purchasing power. Are you looking for SFR or 2-4 unit?

Post: Best upgrades for refinancing?

Anthony RegaPosted
  • Lender
  • Greater NYC Area
  • Posts 18
  • Votes 1
Quote from @Bradley Bohnstedt:

My wife and I bought a home for $315,000 and it appraised for $365,000. We want to remodel, knock down two walls, get rid of the 80’s carpet, popcorn ceiling, new trim.

How big of a difference would doing a kitchen remodel do? Original from the 70’s, we would update, open kitchen concept.

The goal is to get rid of MI, and cash out refi to purchase another investment property. Thanks for your help!


IMO Adding square footage is the best way to add equity. The upgrades will increase value, but maybe not enough to get rid of MI and take cash out. You can refinance to 80% to get rid of MI and then get a HELOC to 95%CLTV for cash out. Let me know if I can help.