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All Forum Posts by: Jahan Habib

Jahan Habib has started 17 posts and replied 100 times.

Post: Self Directed IRA + FHA/HUD Multifamily Financing

Jahan Habib
Pro Member
Posted
  • Rental Property Investor
  • Somerville, MA
  • Posts 101
  • Votes 19
Originally posted by @Brian Eastman:

@Jahan Habib

If you are interested in the IRA owned LLC providing checkbook control, then avoid Equity Trust or Entrust. Neither support that model. They will provide all kinds of disinformation on the risk factors, but the reality is that it reduces the fee income of the custodian. The IRA LLC model has been around since the early 1990's and is quite solid from a regulatory viewpoint so long as you use the vehicle within the IRS rules.

Specialty advisory firms referred to as self-directed IRA facilitators provide such services, which involves legal work the custodians themselves are restricted from providing. Most quality providers will have tight integration with skilled tax attorneys and referrals to custodians friendly to holding and reporting on an IRA with just a single investment into the LLC entity.

Thank you @Brian Eastman 

I would definitely like checkbook control so the recommendation to avoid Equity Trust/Entrust is well received.

Post: Self Directed IRA + FHA/HUD Multifamily Financing

Jahan Habib
Pro Member
Posted
  • Rental Property Investor
  • Somerville, MA
  • Posts 101
  • Votes 19
Originally posted by @Anthony Thompson:

No problem @Jahan Habib, glad to help.

The two "big names" I'm aware of in SD IRA custodians are Entrust and Equity Trust. I believe both have been around doing it, and helping develop the industry "before it was cool" (i.e., before it was widespread knowledge as it is today) since the 1980s.

There are many other custodians as well. A few years back I remember hearing about a newer company called Quest IRA also that seemed to have some experience.

As with 1031 agents, it's become a cottage industry with many companies willing to hold your money. I'd say, do some research online - there are probably threads here on BP too - and find a company that has been around for at least 5 years and is the right mix for you of convenience, speed, customer service and fees.

Excellent. I'll reach out to the custodians that you have mentioned. I'd like to get the process started. If done correctly, I could see this working out exceptionally well.

Post: Self Directed IRA + FHA/HUD Multifamily Financing

Jahan Habib
Pro Member
Posted
  • Rental Property Investor
  • Somerville, MA
  • Posts 101
  • Votes 19
Originally posted by @Brandon Ingegneri:

When setting up a SDIRA, I have one piece of advice to offer that made my personal experience much easier.  Hire a tax attorney.  They specialize in avenues of this type, they can set it up pretty quickly, and they are able to make sure that you are in compliance.  When utilizing tools such as this, you have to let the experts in that particular field get you set up.  That investment will pay you dividends. 

Thanks Brandon. If you have any names/recommendations, please share with me if you can. Particularly since I'll be investing in your neck of the woods.

Good Tax/Legal advice is definitely worth the fees.

Post: Self Directed IRA + FHA/HUD Multifamily Financing

Jahan Habib
Pro Member
Posted
  • Rental Property Investor
  • Somerville, MA
  • Posts 101
  • Votes 19
Originally posted by @Phil G.:

223(f) and 221(d)(4) programs are both non-recourse, but do have "bad boy" carve-outs. I generally use an abundance of caution with IRA/401(k) transactions, so I would want an attorney experienced with the pertinent IRS and DOL regulations to look at a specimen note before proceeding.

I agree and definitely concerned about any bad boy carve outs. I wonder if they originate from HUD or the lender.

Going into the weekend, I have a ton of research to do.

Post: Self Directed IRA + FHA/HUD Multifamily Financing

Jahan Habib
Pro Member
Posted
  • Rental Property Investor
  • Somerville, MA
  • Posts 101
  • Votes 19
Originally posted by @Anthony Thompson:

@Jahan Habib The rule of thumb in the financial world, that I've observed, is that when you're offering to move a good amount of $ to a company, they are eager to help you do so as quickly as possible.

On the other hand, depending on where you currently have the money, that company may drag its feet on the rollover/transfer - when you're moving a good amount of $ out of a company, their incentive is to give you as little help as possible (not to mention charging some kind of exit fee in many cases).

To be safe, mainly because of the latter (feet dragging from the company losing your business), I would estimate it could take up to a month.

Yes, it is possible for your IRA-controlled LLC to receive financing, but my understanding is that true non-recourse financing is still a little challenging to find, that there are only a handful of companies doing it.

As far as fees, "everything's negotiable" - be sure to ask for estimated fees up front. It's possible there will be a mortgage origination fee, an application fee, an appraisal fee, mortgage points, mortgage doc prep fees, lender's title insurance fees, recording fees, and other miscellaneous fees.

It's possible there could be a credit check fee on you personally BUT there honestly should not be such a fee because you cannot personally guarantee the loan, so in my opinion they should have no business checking your credit on a non-recourse loan. If they insist, I would make it clear, absolutely, 100% crystal no-misunderstanding clear, that you will NOT sign any personal guarantee on the loan under any circumstances, and if you get to the closing table and they stick one in front of you and tell you sign it or you lose the deal/deposit, you will walk away from that closing table.

The reason I say this is that a number of SDIRA owners in the past have had exactly that happen, they thought it was non-recourse and then at the closing table were asked to sign a personal guarantee, and some of them did.

BAM - that counts as "extending credit" to your IRA, which is a prohibited transaction, and my understanding is the IRS considers your whole IRA distributed at that point - and then proceeds to assess penalties and taxes accordingly.

There are 1000 different ways to shoot yourself in the foot with SD IRAs, they are powerful but very tricky to get right, and the penalty for making a mistake can potentially be a lot of your retirement savings. You really need to pick a good custodian and do exactly what they tell you, don't try to hide things from the custodian or think you're going to skirt around the SD IRA rules.

If you have questions, direct them to your custodian. For example, the custodian can tell you whether FHA/HUD loans are non-recourse (I honestly don't think they are non-recourse), and possibly provide you a list of lenders their clients have worked with, who they know are bona fide non-recourse lenders.

(They probably won't "recommend" any companies, but you might get a list of "here are some companies our clients have used in the past, which we believe offer true non-recourse loan programs; as with all investments you are responsible for doing your own due diligence on the lender, the property and the deal")

I hope this helps!

Anthony, thank you so much for the detailed response! Super valuable information here. Based on the wealth of knowledge you posses, if you feel comfortable referring or providing any names for Real Estate focused and/or New England based Custodians, I would greatly appreciate it. I am a buy and hold investor as well, so the SDIRA and RE focused investing makes a lot of sense.

Definitely starting out in the process so your words go a long way in starting to get comfortable with the process.

Post: Self Directed IRA + FHA/HUD Multifamily Financing

Jahan Habib
Pro Member
Posted
  • Rental Property Investor
  • Somerville, MA
  • Posts 101
  • Votes 19
Originally posted by @Joseph Birbiglia:

I went to full day presentation on SDIRA's, my understanding is you won't be able to get any financing on a property owned by an LLC. One great thing I did learn, however, is that you can partner with your own LLC on a deal. So you can own a house 50/50 with your IRA, or any other ownership percentage, as long as you keep good records. This is a good strategy for flips, eliminates short term capital gains on the IRA side. Good luck.

Great information. Do you remember the name of the presentation or who gave it? I'd love to check one out myself. 

Very interesting information regarding partnering with your own LLC. I have so many more questions, including the possibility of buying out your own SDIRA at Fair Market Value, of course. This would be some advanced level stuff.

Post: Self Directed IRA + FHA/HUD Multifamily Financing

Jahan Habib
Pro Member
Posted
  • Rental Property Investor
  • Somerville, MA
  • Posts 101
  • Votes 19
Originally posted by @Brian Eastman:

@Jahan Habib

I do not have specific familiarity with the HUD multifamily program. Are you 100% certain that is truly non-recourse?

IRA LLC setup typically takes 3-4 weeks, depending on the state of LLC formation and where funds are being transferred from.

 
I believe some lenders refer to it as an FHA Multifamily program. From what I have read on various websites, these loans are indeed non-recourse. FHA's website also confirms that the lenders have the option to extend non-recourse option to the borrowers.

I have reached out to a few lenders that provide some guidance regarding the HUD Multi and whether it can work with an SDIRA.

The clearest advantage of the HUD/FHA Multifamily backed loans is the higher LTV, 35 year terms etc. I'll update this thread once I have some definitive information as it will helpful for us all.

Unless I am advised otherwise, I would like to set up the IRA LLC in either MA or RI. Brian, I'd like to discuss some additional details with you.

Post: Self Directed IRA + FHA/HUD Multifamily Financing

Jahan Habib
Pro Member
Posted
  • Rental Property Investor
  • Somerville, MA
  • Posts 101
  • Votes 19
Originally posted by @Jeffrey Bibby:

 Thank you Jeffrey!

Post: Self Directed IRA + FHA/HUD Multifamily Financing

Jahan Habib
Pro Member
Posted
  • Rental Property Investor
  • Somerville, MA
  • Posts 101
  • Votes 19

I am looking for some advice from SD IRA and HUD/FHA Multifamily financing experts here. I am interested in a 8 unit multi-family (7 residential + 1 commercial units) in Rhode Island. I would like to set up an SD IRA to fund the down payment for the FHA Multifamily financing program. I understand that I the IRA through an LLC would be the owner of the property and would be responsible for all expenses.

Is there someone who has been through this process? If so, I have some questions

1. I know that the LLC formation can be really quick. How long would it take to set up an SDIRA?

2. FHA/HUD loans are non-recourse, however is it possible to have my IRA controlled LLC receive financing? Besides the down payment, what are the other fees related to financing?

Would love to hear your thoughts.

Post: What are investment opportunities in Bridgeport Ct in multi family houses

Jahan Habib
Pro Member
Posted
  • Rental Property Investor
  • Somerville, MA
  • Posts 101
  • Votes 19

@Account Closed Agreed!