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All Forum Posts by: Clayton Silva

Clayton Silva has started 23 posts and replied 392 times.

Post: Convert investment to primary

Clayton Silva#4 General Real Estate Investing ContributorPosted
  • Lender
  • California
  • Posts 398
  • Votes 243
Quote from @Dave Foster:

@Clayton Silva, It is a great opportunity in the right situations.  We have clients selling their primary residences and taking that money tax free.  And then moving into their former investment properties quite often.  That starts to turn tax deferred into tax free!!!  For many it's been a banger of a retirement plan.  Thanks to the Tax Cuts and Jobs Act of 2017!!


 Love it!

Post: Convert investment to primary

Clayton Silva#4 General Real Estate Investing ContributorPosted
  • Lender
  • California
  • Posts 398
  • Votes 243
Quote from @Dave Foster:

@Kimi Ho Converting the 1031 exchange property to your primary residence and then later selling can be a great strategy to eliminate some of the deferred tax.

If the property you have converted into your primary was a product of a 1031 exchange you must first of all have owned it for 5 years before you can sell and take the partial sec 121 exemption.

Secondly, you will prorate the gain according to the number of years you lived in the property, which is called "qualified use" versus the number of years it was a rental, which is "nonqualified use." Only part of the gain will be tax-free some will always be taxable. The qualified use time will be tax-free up to the limits of sec 121. The non-qualified use time you will pay tax on.

It looks like you roughly fit those criteria almost perfectly - You've owned it for 5 years. You used it for rental for 3 years and have lived in it for 2 years. You would get 2/5ths of the gain or 40% tax-free. You would pay tax on 60% of the gain. And you would have to recapture depreciation. If you stay there one more and you would get 3/6ths of the gain tax-free. Stay there one more year and you would get 4/7ths of the gain tax-free etc etc...

You'll never get it all tax free. But a big chunk can be!!!

Huh, this is super interesting! This might be the first time I have heard this.  

Couple things to answer your question:

1) The investment vehicle depends on a lot of different factors: how much are you working with currently, how much do you contribute annually, how much do you need to do those things at that age, what is your sleep number (this is my favorite investing question because each person is different).  All the "sleep number" is, is what amount can you invest at what risk level can you invest it and still sleep ok at night.  If your investments are keeping you up at night, you don't have the risk tolerance nor understanding for your current portfolio. 

2) Can you build and grow a business between now and then that can eventually run itself with you largely hands off? This is going to be the most efficient way to retire.

3) What areas do you have an edge/understanding/grasp/ability to invest in?  For some people the best investment is real estate, for others it is ETFs.  Neither is really about the vehicle but more the understanding and discipline to execute a strategy by the individual investor.

Post: How to Research for the Best Local Market

Clayton Silva#4 General Real Estate Investing ContributorPosted
  • Lender
  • California
  • Posts 398
  • Votes 243

I recently answered a similar question, but think it may help you as well:

"Most people focus on the market before they figure out the strategy/goal. That question is nearly impossible to answer without knowing what your goals are? Are you investing in the Midwest for cashflow and foregoing appreciation? Are you a high-income earner investing for tax offsets? Are you looking to make a little cashflow and go for appreciation plays. Each market comes with pros and cons, but you have start with the end goal in mind or else no market is going to get you where you want.

As someone who only invests out of state (CA price to rent is about as out of control as NY) I have different ones in different markets for different reasons. I would not recommend (from my personal anecdotal evidence) doing major rehabs from out of state as it tends to be difficult to manage.

I hope this helps but definitely define your goals and lay those out, then figure out which markets are best suited to help you achieve those goals."

Post: Using home loans made for medical staff

Clayton Silva#4 General Real Estate Investing ContributorPosted
  • Lender
  • California
  • Posts 398
  • Votes 243
Quote from @Debra Orringer:

Hi, Has anyone used loans for nurses or physician assistants? Which banks would you recommend? Has anyone heard of Physican Bank?


 This is one of the most common "unicorn" questions I get in the industry.  Do they exist? Yes, technically, but for the most part, they are regional programs offered by small banks.  Even our nationwide lending partners may only do it in a couple states or regions.  The pricing is typically not that good, the overall offering is often no better than a normal low down payment conventional loan.  The biggest draw for folks is the low-down payment typically, and often times, if the buyer does not yet have the 3-5% down payment required they may not actually be financially ready to buy a home anyway.  

Post: Seller Finnace as exit strategy

Clayton Silva#4 General Real Estate Investing ContributorPosted
  • Lender
  • California
  • Posts 398
  • Votes 243

That makes more sense, I would definitely have a plan for the funds and deployment before selling.  Shoot me a DM for at least approximate market location, and I can see if we get any clients looking into that specific market to see if we have any interest and may be able to assist in the offload.

Post: Asset based lending for fix and flip

Clayton Silva#4 General Real Estate Investing ContributorPosted
  • Lender
  • California
  • Posts 398
  • Votes 243
Quote from @Doug Smith:

I'm sure there are individuals that don't have experience with lending that have money burning holes in their pockets, but I don't know of an experienced lender that will do that. The risk increases exponentially when there's no skin in the game. Past also predicts the future...meaning that it's rare that you see someone with poor credit where it's an isolated thing. It's been my experience that credit issues are usually a pattern, so the legit lenders I know (including us) will look at someone's past payment history. One thing that was only mentioned briefly was experience. Most people don't understand that mistakes and defaults are inversely proportional to the operator's experience level. Heck, I had been lending for more than 15 years and had done thousands of loans before I did my first personal flip...and even I made mistakes over the first few deals. Most legit lenders I know, including us, are going to look at both cost and ARV in addition to other factors to determine how aggressive we'll get. We love to work with all the borrowers we can, but we also have to protect our investors.


 100% on point

Post: Convert investment to primary

Clayton Silva#4 General Real Estate Investing ContributorPosted
  • Lender
  • California
  • Posts 398
  • Votes 243
Quote from @Kimi Ho:

Hi Clayton,

Thanks for the response. We actually sold and moved in 2023. I got slightly confused there. So it seems we are hitting the 2 year milestone this Summer. Per your advice I will consult with my accountant. Thanks again. 


 Stellar! Best of luck and super smart strategy!

Post: Seller Finnace as exit strategy

Clayton Silva#4 General Real Estate Investing ContributorPosted
  • Lender
  • California
  • Posts 398
  • Votes 243

So you have to think about what their alternatives are. If I can afford 30% down, I can likely get better terms from a bank for a 30 fixed blanket loan. 30% down is going to put someone in the mid to low 7% range on a blanket 30 year fixed DSCR, so what is their incentive to take your terms? Blankets don't generally report to credit, they can close in their LLC etc.

Plus what is the win-win? Is your goal to avoid tax consequences? Have you considered an installment sale or other vehicle? 

Hard to give tips without a bit more context as to the goal. Could you get a higher premium listing them individually on the MLS? Are you listing yourself (implied by the broker comment).

Post: Convert investment to primary

Clayton Silva#4 General Real Estate Investing ContributorPosted
  • Lender
  • California
  • Posts 398
  • Votes 243

As I understand it (please consult/confirm with a CPA) this is not tax or legal advice.

Pretty sure you met 1 of 2 criteria.  

1) When you 1031 INTO a new property, you CANNOT live in it for at least 2 years.  It has to be a rental for 2 years before it can be converted to a primary.  Check (2020-2024 investment) so you are good there.

2) To get the benefit of 250k in cap gains tax free (500k if married), you have to have lived in said property for another 2 out of the last 5 years.  Not check, (according to your post you will hit this in 06/2026).  So that is the part you will want to confirm with your CPA if I am understanding your timeline and question correctly.

Hope this helps!