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All Forum Posts by: Joseph Gozlan

Joseph Gozlan has started 35 posts and replied 714 times.

Post: Piercing the corporate veil

Joseph GozlanPosted
  • Real Estate Agent
  • Plano, TX
  • Posts 734
  • Votes 510
Originally posted by @John Chapman:

I am an attorney, and I've looked at veil piercing in a number of states. Generally, piercing the veil requires something akin to using the entity as an alter ego and is a pretty high standard to meet. Commingling funds, disregarding all corporate formalities, using the entity to commit fraud, etc. Every state has different factors. I haven't looked at your state's law, but I would be surprised (probably even floored) if simply having your LLC reimburse you for supplies would in any way constitute a basis for piercing the veil.

 That's a good point John. 

The op stated "...making payments from my business checking..." (Paying the personal CC bill with cash from her business checking account)

Would that be considered commingling or reimbursement?

Post: Piercing the corporate veil

Joseph GozlanPosted
  • Real Estate Agent
  • Plano, TX
  • Posts 734
  • Votes 510
Originally posted by @Ned Carey:
Originally posted by @Joseph Gozlan:

the only legal advice I could give you is to get a qualified legal advice from someone that is licensed and actually practices law and not from Internet forums...

I disagree with strongly that statement.  It is true one should not act on uncorroborated advice of any type from the internet. However advice and comments from the internet can help you understand the law and better prepare you for a meeting with a legal professional. 

There are many experts here on BP, some so much so that they know significantly more than the average attorney on their subject matter.  I know tax lien law in MD better than 90% of Maryland attorneys. Not just the law but also how judges rule on a daily basis and Court precedents set by the Special Appeals Court in MD. In fact attorneys have come to me to learn about tax sale investing.

Ned,

My post was not intended to reduce anyone's credit on this post or in this great community  at all. It was only a word of caution to the op to keep in mind that the statement "I read it in a forum on line" never held in court as a defense...

When I ask questions about how to flip a house, market to owners, drive for dollars etc. I understand the risk I'm taking and willing to weigh it against the risks such advice could bring with it. 

When asking about piercing the corporate veil this is not as simple as reading an article online. Asset protection is a specialty so unique that even between lawyers there is a select few that really know their stuff.

I understand you took years out of your life to learn and master the lien laws in MD but how many of the posters in BP have that kind of experience and knowledges? Should the op assume anyone responding to her thread has earned that level of mastery in corporate law?

All I was suggesting is that in matters like that, it's best consulting a lawyer that parcitces corporate law in the state the op is incorporated.

Just my .02

Post: Piercing the corporate veil

Joseph GozlanPosted
  • Real Estate Agent
  • Plano, TX
  • Posts 734
  • Votes 510

the only legal advice I could give you is to get a qualified legal advice from someone that is licensed and actually practices law and not from Internet forums...

Post: Keep or Sell?

Joseph GozlanPosted
  • Real Estate Agent
  • Plano, TX
  • Posts 734
  • Votes 510

why not refinance and take cash out if you owe it free and clear?

Post: Long Distance investing in DFW

Joseph GozlanPosted
  • Real Estate Agent
  • Plano, TX
  • Posts 734
  • Votes 510
Originally posted by @Melaines Gil:

hello @Joseph Gozlan

Thank you for your reply. I read those threads but couldn't find an answer to my question since this person is focusing on flipping. I don't want to do flips. I want to buy and hold. Another difference is that even though we are both from NY, eventually I will move to DFW. I don't think they mentioned something like this. I guess my question is, should I buy my first property there while still in NYC where I have a job. Or should I wait 2 years until I move to DFW? Note that I gave myself 2 years because I don't plan to move with a job. I'm saving at least 6 months worth of expenses which will help me to survive while looking for a job there, and I want to gain at least 2 years of experience in my career here. I feel that will increase my possibility to find a good job once in DFW. 

I agree with you. Long distance investing is very risky especially if you are a first time investor. But given my reasons, I wonder if there is a way to minimize that risk. I want to focus on a way to achieve this rather than focusing on the reasons why I shouldn't do this. Also, me and my boyfriend will travel to the area next year in May to get to know it. 

One thing you have going for you is the right attitude. Choosing to look for ways to make things happen over reasons why it can't work is absolutely the right way to go at it. 

As long as you're walking into this with eyes wide open and trying to figure out ways to mitigate the risks you should be fine. 

Here are a few points to consider:

  • start with identifying your RE class (apartments, SFH, small multi, etc.)
  • Identify your preferred area. DFW is a big area and saying that DFW is hot is not exactly accurate. Some areas are super hot and some areas are still lagging behind.  
  • Identify a budget. How much can you afford for the purchase process and how much you have to set a side for reserves ahead of time (think a burst pipeline 2 weeks after you close on the house)
  • Start interviewing a PM. Without a good PM long distance investments will never work
  • Be conservative with your analysis numbers. Don't let anyone push back on your comfort zone and safety margins. 
Good luck and feel free to ask as many questions as you need. There are many very experienced investors here at BP that are always willing to help.

Post: Long Distance investing in DFW

Joseph GozlanPosted
  • Real Estate Agent
  • Plano, TX
  • Posts 734
  • Votes 510

there is nothing wrong with investing long distance. We usually recommend you don't do that as your FIRST investment. That's all. 

Here are two very recent threads of another NY investor asking about DFW:

https://www.biggerpockets.com/forums/12/topics/229...

https://www.biggerpockets.com/forums/48/topics/228...

Good luck and congrats for taking the initiative at such a young age!

Post: question on investing in syndication

Joseph GozlanPosted
  • Real Estate Agent
  • Plano, TX
  • Posts 734
  • Votes 510
Originally posted by @Alex T.:

Thanks guys. @Joe Fairless your bullet #1 keeps going through my mind as well. As far as I know, the syndicator isn't putting his personal money in (although the PPM says he reserves the right to - I think that's just a standard agreement). And that makes me wonder about the alignment of interest as well. Sure, we both benefit from the upside, but only one of us would fear the downside.

@Joseph Gozlan When you say failing management is more common than syndicators would like to admit, how common? Is it in the double-digits in terms of percentages? Are there any patterns that lead to this? Also, when you say "negotiate", isn't that more relevant when number of investors is small and/or they negotiate together?

As for voting I was told each investor gets 1 vote, regardless of equity. Actual property management is handled by a different person, who managed a few local hotels in the past. I should also mention that both individuals seem very punctual and organized, which speaks favorably about their ability to manage this.

But as I said, not being able to see who else is in the deal does concern me a bit, so I wanted to see if that's standard or not. However, I should also mention that one of the advisors for this deal is an experienced syndicator who even came to do a talk here in a local university a while ago, and I was able to speak to him on the phone, he spoke favorably of the deal as well. So all in all, I'm more concerned with me evaluating the deal correctly and getting the promised return rather than some red flags it's raising.

 If I had exact numbers I'd be making millions from those syndicators for my silence :-D

I heard of multiple cases from lenders and brokers I've worked with. They don't tell you that in the seminars. Did they even mention the fact that it's possible? probably not.

As for the voting, read your syndication documents again, a syndication, by definition, is not a democracy. The syndication leader is the one calling the shots. Having a 3rd party PM is great but they still have to get direction and permissions from the syndication leader. If said leader decides he want's to defer all maintenance in favor of cashflow you probably won't even hear about it. After all, the reason you agreed to let him take free equity, "asset management" fee, acquisition and disposition fees (and whatever other fees your specific syndication group likes to charge) is so he will take these decisions and worries off your hands.

You should also keep in mind, most syndications promise the investors IRR which is heavily dependent on the resale value of the property. Without good, strong leadership the property won't gain the value and the resale won't meet the promised goals.

Back to voting for a second, even if I'd take that notion of 1 investor 1 vote (if I invest $200K why shout the guy that brought $25K to the table have the same influence as I do?), my original point was that if you DO get to a voting situation, organizing 25 investors to vote a certain way (or vote at all) will be challenging. Even more so if you don't know who they are...

I want to state again that I have nothing against syndications. I do have something about syndicators that don't educate their investors enough and act in an obscure way.

My only advice to you would be to trust yourself. If you don't feel comfortable with a specific group, partners, KPs, or the syndication leader (most important) just walk away. 

There are many syndicators our there these days and YOU have options (and the money). 

Post: question on investing in syndication

Joseph GozlanPosted
  • Real Estate Agent
  • Plano, TX
  • Posts 734
  • Votes 510

Here is my .02 on Syndication deals:

1)I want to start with saying that syndication can be a good way to invest. I also believe you MUST have the right team in order to make money in a syndication deal. 

2) If the KPs and syndication leaders don't have RELEVANT experience I wouldn't touch it. By relevant I mean more than 10 years (which means they have been through the 2007-2009 market downturn)  AND direct experience with whatever they offer the deal on which means if the deal is a 100+ multifamily than I want to see the syndication lead have 10+ in multifamily. Having 20+ in residential or office building or constructions doesn't necessarily qualify you for MF management...

3) If you don't like the fees, negotiate!

4) you are getting in bed with the other partners! I would like to know who I'm getting in bed with. 

5) Smaller number of investors. Getting group of 25 investors to agree on something is nearly impossible. This is ESPECIALLY crucial if the syndication leader fails and needs to be voted out (happens more than the syndication "gurus" want to admit). This kinda make #4 even more important.

6) What's the policy for "call for cash" if the property has an unexpected expense 2 weeks into the deal before you managed to accumulate enough cash reserves, where is the money coming for? Will they ask more money from all investors or will they bring additional investors and dilute your share? Can the other investor afford additional investments (goes back to #4, do you see a theme here?)

7) Do you like the exit strategy? the purchase process is the simplest part of this journey, it's the duration and exit that will make you money (or loss). Make sure you approve of the plan (and that there is one).

There are many other considerations such as: your risk tolerance, your belief in when the market will turn (it's never an IF, always a WHEN), do you have the time/knowledge to deal with a failed deal? and so on...

As I said, just my .02

Post: New Yorker looking to invest in DFW any advice?

Joseph GozlanPosted
  • Real Estate Agent
  • Plano, TX
  • Posts 734
  • Votes 510
Originally posted by @Chris Soignier:

I really only know my home market well enough to offer any advice, but I read a lot of good things about Indy, Memphis, and KC.   Really, it's all about the ind. deal, as there are good and bad deals to be found in most markets.   Personally, I wouldn't want to do a long distance flip, although others have done so successfully.    Passive investing to me seems like a safer long distance bet.

 This is a very good advice for you Shana!

If there is one area where Real estate investing is just like stock market investing; if you try to invest in the "hot stuff" (city/market/stock of the day) then your too late. You'll be buying high and selling low.

If this is your 20th flip and you're ready to explore new markets for HIGHER margins then go out and venture but is sounds like it's your first flip ever, in that case, I'd try to find a cheap, close by, alternative. This way the lessons you'll learn (and trust me you WILL learn them) will not cost you as much.

Just my .02

Post: Texas Multi Family-Loan Question

Joseph GozlanPosted
  • Real Estate Agent
  • Plano, TX
  • Posts 734
  • Votes 510

only longer commercial loan I heard of are Fannie and Freddy loans. The will go up to 30 years but they have strict qualification rules for the buyer and the property.