@Tim Ivory ok my good man. Since I'm a Tennessee based HML, private lender, and rehabber, and also borrow HML and private money on my own projects, and do a lot of JVs, I believe I am well poised to answer this one.
1. You will not be able to qualify for a hml without cash reserves. So your partner would have to be the loan guarantor.
2. If you have the deal and they are getting the loan and providing funds, they are taking all of the risk. For that, a fair split would be giving them 65% of the equity.
3. Create a new LLC for this deal only with you and the partner as members. Outline the terms of the equity split on your operating agreement.
4. LLC name should be the buyer name on the contract. Now your partner applies for the hml, and closes the deal.
5. You do the work, sell the property, wire proceeds at closing, and dissolve the LLC.
That’s it. It’s really not too complicated. This is the right way to do it if you can’t qualify for a hard money loan, and don’t have a PL that will
Lend you 100%. Hard money lenders won’t allow second mortgages, so debt partnerships are out. But if you did have a PL that would lend you 100%, just do a promissory note for 12-15% interest only for 1 year, so that they have the security of a first position lien.
I hope this is helpful! Feel free to PM me if you have any other questions.