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All Forum Posts by: MJ S.

MJ S. has started 2 posts and replied 69 times.

Post: Private lending through LLC or Personal?

MJ S.Posted
  • Investor
  • Shawnee Mission, KS
  • Posts 74
  • Votes 53
@Chris Seveney - That's an interesting thought. I'm guessing you've seen this happen to be top of mind for you. It's interesting what people will do in acts of desparation.

In my experience, lenders (specifically private lenders) will do what they can to work with a borrower to avoid foreclosure, which is a costly endeavor for the lender and requires time to process, usually months and months, depending on your state.

Also, while an LLC is often considered a safeguard to protect personal assets, a lender using an LLC for multiple loans may have a substantial value to their LLC, which could all be at risk.

Finally, if the wrongful foreclosure suit is legitimate and based on an error by the lender themselves, an attorney could logically sue both the LLC and the individual. I've seen this happen... not between a borrower and lender, but in other business situations where an attorney brought a suit against both the LLC and the individual members of the LLC.

Of course, if the lawsuit has no merit and is a pure act of desparation, it seems to be a waste of funds for the borrower when discussing options with the lender could work towards a viable solution. Desparation doesn't always lead to wise decisions though.

All of that said, I'm not necessarily advocating for individual lending vs LLC lending. There are certainly other advantages to an LLC vs a sole proprietorship, and personally, I would lean towards operating as an LLC or corporation in most ventures. My post isn't meant to argue your idea, but more to contribute additional thoughts to the discussion.

Thanks for the response and the discussion. I hadn't considered the thought of a wrongful foreclosure suit so I appreciate your insight.



Quote from @Chris Seveney:

@MJ S.

If a borrower goes into default they will get desperate and do anything to stall including filing a wrongful foreclosure suit.

Post: Private lending through LLC or Personal?

MJ S.Posted
  • Investor
  • Shawnee Mission, KS
  • Posts 74
  • Votes 53

@Chris Seveney

Why do you feel there is a higher chance of a lawsuit for a lender?


Quote from @Chris Seveney:

@Kelvin Ng

For private lending assuming its lending to non owner occupied I would say my preference is a LLC in case of any lawsuit as higher chance in lending but I know some who use personal name

Post: Investing with a SDIRA?

MJ S.Posted
  • Investor
  • Shawnee Mission, KS
  • Posts 74
  • Votes 53

@Brian Jasinski
There are a few other things to consider. Investing with your SDIRA must be a passive investment. That means, if a faucet needs to be replaced, you must hire it out. If it needs cleaning between tenants, you must hire it out. You, or any other disqualified persons can't be involved with anything related to repairing or updating the property. Some CPAs will advise that you hire a management company to collect rent and handle bookwork because technically, you shouldn't be involved in any of the operations... showing the property, collecting rent, etc. There are enough stiff penalties for breaking the rules (assuming you are caught) that would supersede any benefit you receive from investing through your SDIRA. 

You also can't rent it to anyone in your family or use the property in any way that benefits you or a disqualified person. You can't vacation in your SDIRA owned property, use it for events, or live in it. All of those rules apply not only to you, but to any disqualified person... which is basically most of your family, and any entities owned by family members. In other words, don't think you're beating the system by renting the property to your son-in-law's LLC.

Another minor consideration is that there are costs associated with set-up and maintenance of your SDIRA. In the grand scheme of things, it's not a large expense, but still something to consider. 

The pros and cons below are from an article online. I don't think Bigger Pockets will allow me to post links, but the pros and cons summarize the article well.

Pros

  • Increase potential ROI of retirement savings by investing in nearly any type of asset.
  • Rental property can hedge against inflation and economic fluctuations with a diversified retirement portfolio.
  • Profits generated from a rental property in an SDIRA allow for tax-free growth.
  • Property can be bought and sold within an SDIRA without using a 1031 tax-deferred exchange.

Cons

  • Using all of your retirement savings to purchase a rental property in an SDIRA can significantly reduce diversification and increase potential risk.
  • Rental property held in an SDIRA cannot be for personal use or family use (like a vacation home), including distant relatives or service providers of the SDIRA.
  • All expenses must be paid for with SDIRA funds, third-party contractors must make the repairs and manage the property, and funds deposited in an SDIRA beyond annual contribution limits will incur significant penalties.
  • Tax benefits, such as depreciation and operating expenses to create a paper loss for tax purposes, cannot be claimed with rental property held in an SDIRA.

I see that @Jeff Nash also referenced prohibited transactions in his reply, and that he's an accountant so he would probably have additional information to add if you wanted more details on what is and isn't allowed.

@Jeff Nash

Post: Oxford Housing

MJ S.Posted
  • Investor
  • Shawnee Mission, KS
  • Posts 74
  • Votes 53

I have an Oxford House in the Kansas City area. I fell into it accidentally, but decided to keep it in order to allow the residents to stay and not be displaced. It's been a great experience for me, and I'm currently in search of another one.  Feel free to reach out if you have any specific questions. 

Hopefully, others will reply, as well. I would love to hear from others who own them to compare experiences.

Post: Any KC investors want to grab a beer and talk shop?

MJ S.Posted
  • Investor
  • Shawnee Mission, KS
  • Posts 74
  • Votes 53
I have a few resources and am happy to share. I'll give you their contact info on Thursday night. 

Originally posted by @Anthony Coffey:

What's up guys. I have been flipping since 2014. I just bought my first rental property and will be buying around 10 more this year. I'm looking for a lender who can refinance my properties. Any suggestions on who you guys are using or recommend ?

Post: Any KC investors want to grab a beer and talk shop?

MJ S.Posted
  • Investor
  • Shawnee Mission, KS
  • Posts 74
  • Votes 53

Hey Adam- Sorry for my slow reply. Yes, there is a mailing list. We didn't meet in June, and the regular crew may not have an official get-together till August, but if you message me your email address, I'll add you to the list... whether we end up meeting in July... or waiting till next month. :-)

Post: Any KC investors want to grab a beer and talk shop?

MJ S.Posted
  • Investor
  • Shawnee Mission, KS
  • Posts 74
  • Votes 53

They are. 

We're skipping June (due to workaholic investors with no time to meet), but will pick it back up in July (because you know what they say about all work and no play). 

Post: Any KC investors want to grab a beer and talk shop?

MJ S.Posted
  • Investor
  • Shawnee Mission, KS
  • Posts 74
  • Votes 53

@Matthew Lockwood- We'll keep you in the loop on future happy hours. We've been meeting about every month, although I don't always post it in the forum. If you message me, I can be sure you get the notifications - either through bigger pockets or by email. You should definitely reap the rewards of the idea you originated so many years ago. :-)

@Sebastian Bohn - We'll miss you. Hope to catch up next time!

@Jared K. - I'll put you on the list. We'd love to have you!

Post: No Contract Yet, Received Some Money, Recently Formed LLC

MJ S.Posted
  • Investor
  • Shawnee Mission, KS
  • Posts 74
  • Votes 53

I have seen situations where individuals formed their LLC before closing and a new purchase contract was drafted to list the buyer as the LLC, rather than the individual. My experience is primarily with Kansas and Missouri properties, but it seems like creating a new purchase contract (with your LLC as the buyer) would be the easiest option for you.

If you have other real estate friends in Indiana, you might check to see if there's any reason that a new purchase agreement wouldn't be feasible. It's possible that your current agent just doesn't want an extra task. Good luck!

Post: Australian investor - looking for cash out from existing prop

MJ S.Posted
  • Investor
  • Shawnee Mission, KS
  • Posts 74
  • Votes 53

@Stevan Adzic- What loan term are you requesting? Is there a reason you aren't considering conventional? There are a number of banks in Kansas City (or at least in the Midwest) that may offer you similar or better rates than a private lender for this type of situation, assuming that the numbers work, of course.