Skip to content
×
Pro Members Get
Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
ANNUAL Save 54%
$32.50 /mo
$390 billed annualy
MONTHLY
$69 /mo
billed monthly
7 day free trial. Cancel anytime
×
Try Pro Features for Free
Start your 7 day free trial. Pick markets, find deals, analyze and manage properties.
All Forum Categories
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

All Forum Posts by: Account Closed

Account Closed has started 38 posts and replied 716 times.

Post: California SB 978

Account ClosedPosted
  • CA
  • Posts 762
  • Votes 182
Originally posted by Jeff S:
... I feel so warm that the California legislature feels the need to protect me ...
Jeff

like a swaddled baby.

Post: California SB 978

Account ClosedPosted
  • CA
  • Posts 762
  • Votes 182

I see SB 978 is now in the Business and Professions Code, sections 10232.3, 10232.45 and 10232.5.

The way I read it, in part, it is now illegal to sell a note secured by a deed of trust in CA against a single family residence that is greater than 80% LTV, or that requires the note buyer to pay more that 10% of his/her net worth.

Anybody care to comment? I'm thinking hard money loans will become more scarce.

Post: Hard Money Loans: California Investors?

Account ClosedPosted
  • CA
  • Posts 762
  • Votes 182
Originally posted by Bill G.:
I'll suggest some due diligence. They have much further reaching implications, they just sent one guy to jail for promising a 6% return to investors with mail fraud. They are involved in real estate financing as well. For those who think you're hiding behind the "commercial" nature of loans.....good luck, in just one instance, do you think you'll be immune if your investor has a homebuyer assume your loan?

Loans are reclassified all the time, changed from what category they were when originated to what they become after making the loan.
Just ignore the issues, they will go away I'm sure.

You make it sound like HML's are trying to somehow game the system, I just want to understand so I can comply, that's why I responded to your post. If regulators want to regulate away private money, so be it, I'll go find another profession.

The line between consumer and commercial loans can be tricky, as you point out, especially with SFR collateral. You bring up a good point about homebuyer assuming the commercial loan that then changes nature. The original rehabber borrower can also decide to move into the property thereby changing the character of the loan, it is a risk. I handle this by vetting the borrower in the first place. If the borrower has a history of rehabbing and re-selling then (s)he is probably a safe bet. OTOH, if it's a newbie borrower, they are much more likely to do something like you suggest. It's all about knowing your borrower.

Is there something in particular we should be concerned about wrt to the CFPB?

Post: Hard Money Loans: California Investors?

Account ClosedPosted
  • CA
  • Posts 762
  • Votes 182
Originally posted by Bill G.:
Wait until the HMLs get to meet the CFPB folks, I'll just guess rates will be going down, this time next year, I'd say compliance will be really fun. Good luck..

CFPB = Consumer Financial Protection Bureau ?

I'm guessing they only regulate consumer loans so it won't affect the type of loans discussed here.

Post: Cost to Prepare Corporate Return

Account ClosedPosted
  • CA
  • Posts 762
  • Votes 182

How much are you paying to have a simple Corporate return prepared?

I hear people say oh, I know a guy that does it for $120, but whenever I ask a tax preparer they want $600.

Post: LLC or under your own name?

Account ClosedPosted
  • CA
  • Posts 762
  • Votes 182

Chris: Good point about the multiple entities. I was referring to the cost of A office suite service, not necessarily author's service, I'm sure he is competent.

Post: LLC or under your own name?

Account ClosedPosted
  • CA
  • Posts 762
  • Votes 182
Originally posted by Chris Weiler:
Originally posted by David C.:

Correct me if I'm wrong, but in addition to the $800 minimum franchise tax, aren't LLC's also required to pay a gross receipts tax in CA? Example, if you buy a property for $500,000 then sell it for $500,000, you pay tax on the $500,000 gross receipts you received ... even if you lost money overall. Actually, I think they call it a fee, a tax would be illegal:)

Clint Coons, who has contributed great articles on Bigger Pockets, has a blog post that address' a possible way for CA investors to avoid this. Is a great read at: http://clintcoons.wordpress.com/2012/05/11/for-california-investors-the-solution-may-lie-in-nevada/#comments.

If you are not a fan of copy and pasting web pages, you can find it by googling Clint Coons Blog and find the article, "FOR CALIFORNIA INVESTORS THE SOLUTION MAY LIE IN NEVADA".

Good article. I've heard this before from a land trust guru. I wonder if saving $800/yr makes is worth running an out-of-state entity and land trust. The $800 is a minimum, if the entity makes enough the tax would have to be paid anyway. Although the article didn't say it I presume the structure would also avoid the CA gross proceeds fee on LLC's. Maybe I'm a worry wart but I can't help but wonder if the people's republic of CA would, if they discovered the LLC's interest in the Land Trust, access the tax anyway.

The structure does pretty much require the authors service including setting up the land trust, llc, and office suite ... by the time you get done it's not clear there is much savings.

Post: Year of Deductible Expense

Account ClosedPosted
  • CA
  • Posts 762
  • Votes 182

Thanks guys.

Post: Investor Friendly Real Estate Attorney needed in Los Angeles

Account ClosedPosted
  • CA
  • Posts 762
  • Votes 182

Matthew Newman, you and I are in the same city...Northridge. I just heard a local RE attorney speak the other night that seemed like a knowledge guy. He is an attorney and broker specializing in RE. I never used him. PM (however that works) me and I will give you contact info. If you use him let me know how it works out.

Also, there is a local RE meetup group here next Tuesday, I can also give you that info if interested in talking more. I don't know anything about the meetup, just found it on meetup.com.

Post: Year of Deductible Expense

Account ClosedPosted
  • CA
  • Posts 762
  • Votes 182

If I purchase office supplies with my business credit card in 2012 and pay the credit card statement in 2013, is that expense deductible in 2012 or 2013?