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All Forum Posts by: Bob Willis

Bob Willis has started 25 posts and replied 226 times.

Post: Using HML in a subject-to transaction

Bob Willis
Pro Member
Posted
  • Investor
  • Curtis, NE
  • Posts 229
  • Votes 139
Quote from @Andrew Postell:

@Bob Willis usually no, since a HML would be in the 2nd position here. I mean, I can't speak for ALL hard money lenders in the US but this is not usually what they are ok with.


 I thought that would be the case.

Post: Using HML in a subject-to transaction

Bob Willis
Pro Member
Posted
  • Investor
  • Curtis, NE
  • Posts 229
  • Votes 139
Quote from @Derek Dombeck:

I co owned a hard money lending company for 10 years and we would not be willing to be in 2nd position behind an institutional lender. 

That said, I buy sub to property myself and when I need cash to rehab or catch up defaulted loans, I like to bring in private money and make it appealing to that person. Often I will structure a participation note/mortgage.  I will pay the private lender a percentage rate as well as part of the equity in the deal. My investors really like this structure. 


 Hey Derek - are your PMLs people you personally know, or are you reaching out to other people in some manner?

Post: LLC whose only member is my SDIRA buying a property Subject-to - triggering UBIT

Bob Willis
Pro Member
Posted
  • Investor
  • Curtis, NE
  • Posts 229
  • Votes 139
Quote from @Kristi K.:
Bob, you are planning on paying this mortgage only with money from your SDIRA correct? I think you had better talk to your custodian as well. 

Hey Kristi - the mortgage will be paid by the LLC of which my SDIRA is a member.

Post: LLC whose only member is my SDIRA buying a property Subject-to - triggering UBIT

Bob Willis
Pro Member
Posted
  • Investor
  • Curtis, NE
  • Posts 229
  • Votes 139
Quote from @Jeff Nash:

I think the risk of you having a prohibited transaction (extension of credit and not using a nonrecourse loan) is the real issue and not necessarily UBIT.  If this is the case, it would be considered a deemed distribution of your account which could result in adverse tax consequences. 


Hey Jeff - are you saying the LLC acquiring a property subject-to an existing loan is a prohibited transaction?

Post: LLC whose only member is my SDIRA buying a property Subject-to - triggering UBIT

Bob Willis
Pro Member
Posted
  • Investor
  • Curtis, NE
  • Posts 229
  • Votes 139
Quote from @Brett Synicky:
Quote from @Bob Willis:
Quote from @Brett Synicky:

Yes the leveraged portion of the real estate will trigger UDFI which will cause UBIT.  UBIT scales up to 37% so it can be a hefty tax depending on the numbers.  

Easy math is this:  $100k home.  50% down.  50% financed.  So 50% of the income generated would get hit with UBIT.  So if you made 10k then $5k of it would get taxed.  After expenses are deducted.  


FYI - if you qualify for a Solo 401k (self employed and no employees over 500 hours annually) then you can avoid this tax on leveraged real estate.


 What does it take to qualify for a Solo 401k? I am still a full time W2 cog.

You can have a w2 job.  You just have to have legitimate self employment activity.  Can’t be a hobby.  No w2 employees over 500 hours other than a spouse. That’s it.  

 Do you report any income on a schedule C?

 Hey @Brett Synicky - I do not have any income reported on schedule C, but that'e easy enough to remediate. Is there a threshold you want to make sure you reach relative to the minimum reported on the schedule C. And is it really as simple as that?

Post: Using HML in a subject-to transaction

Bob Willis
Pro Member
Posted
  • Investor
  • Curtis, NE
  • Posts 229
  • Votes 139

Will Hard Money Lenders work with buyers on subject-to deals? I ask because I have two subject-to deals on the vine, one I'm closing next week and the other shortly after. I don't have enough cash to do both. I was wondering if bringing in a HML would keep me from using all of my cash.

Post: LLC whose only member is my SDIRA buying a property Subject-to - triggering UBIT

Bob Willis
Pro Member
Posted
  • Investor
  • Curtis, NE
  • Posts 229
  • Votes 139
Quote from @Brett Synicky:

Yes the leveraged portion of the real estate will trigger UDFI which will cause UBIT.  UBIT scales up to 37% so it can be a hefty tax depending on the numbers.  

Easy math is this:  $100k home.  50% down.  50% financed.  So 50% of the income generated would get hit with UBIT.  So if you made 10k then $5k of it would get taxed.  After expenses are deducted.  


FYI - if you qualify for a Solo 401k (self employed and no employees over 500 hours annually) then you can avoid this tax on leveraged real estate.


 What does it take to qualify for a Solo 401k? I am still a full time W2 cog.

Post: LLC whose only member is my SDIRA buying a property Subject-to - triggering UBIT

Bob Willis
Pro Member
Posted
  • Investor
  • Curtis, NE
  • Posts 229
  • Votes 139

Hey All,

I have reached to my accountant about this but thought I would ask  here to see if anyone has done something similar.

An LLC of which I am the manager, and my SDIRA is the only member, is in the process of acquiring a property subject-to. Does the underlying mortgage debt, which I will be paying in an ongoing manner, qualify as a non-recourse loan and thus trigger UBIT? Does this make sense?

Thanks,
Bob

Post: negotiating discount when purchasing multiple properties

Bob Willis
Pro Member
Posted
  • Investor
  • Curtis, NE
  • Posts 229
  • Votes 139

Hey All,

I am considering the purchase of two properties from a flipper.

I can get both subject to, but the flipper also wants a cash premium on top of that (which I understand).

The flipper is asking near retail for both (one has been fully re-habbed (asking full retail price), the other has not been re-habbed (asking near retail price).

My main question is (and I understand there is an "it depends" to all of this), without taking rehab into consideration what kind of discount should I expect/propose on a deal? Is there a "standard" when buying multiple properties at once (I am guessing, "it depends.") but thought I would ask.

The flipper is motivated to get cash out in that he has said there is another bigger, stronger deal he is working on and needs the money. 

Happy Holidays, and thanks for your time.

Regards,

Bob

Post: rent to own vs subject to or wrap

Bob Willis
Pro Member
Posted
  • Investor
  • Curtis, NE
  • Posts 229
  • Votes 139

Hey All,

I have the opportunity to acquire a property. The seller is talking about rent to own, but I think as a buyer I should be more interested in subject to or wrap financing, correct? With rent to own I feel like I would be more exposed (not paying the underlying note, etc).

Am I wrong in this? First time considering an acquisition in this manner.

Thanks,
Bob