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All Forum Posts by: Elliot Tan

Elliot Tan has started 8 posts and replied 34 times.

Post: Can you assume a VA loan with an entity?

Elliot Tan
Pro Member
Posted
  • Posts 34
  • Votes 11

Have an opportunity to assume a VA loan and wondering if I HAVE to do it in my personal name, or if my entity can assume the loan. So far striking out on doing internet searches and looking on VA website.

Post: Don't know how to overcome seller's 1 objection to sub-to

Elliot Tan
Pro Member
Posted
  • Posts 34
  • Votes 11

Hey everybody! Have a situation where it makes the most sense for the seller to sell her house on a sub2 deal. But because she just went through a nasty divorce, she doesn't want to be tied to her ex-husband AT ALL, even on a mortgage they aren't paying anymore. Is there some way to get him off the mortgage, so that it's just in just her name? Can she do a quick deed of some sort and then have whoever is servicing the loan take his name off the loan? Are there any scenarios where I can help her overcome this one objection she has to selling sub2?

Post: How to combine a wrap around mortgage and lease-option

Elliot Tan
Pro Member
Posted
  • Posts 34
  • Votes 11

@Sanat Bhandari

Thanks laying out the benefits for both of us.  I've presented some of these things, but it hasn't been enough to convince him just yet!  

Post: How to combine a wrap around mortgage and lease-option

Elliot Tan
Pro Member
Posted
  • Posts 34
  • Votes 11

@Andrew Kiel

Thanks for making that clear.  I'll be sure to have him understand that if he does want to in fact work with me.  Appreciate it.

Post: How to combine a wrap around mortgage and lease-option

Elliot Tan
Pro Member
Posted
  • Posts 34
  • Votes 11

@Tom Gimer

Oh man, had no idea these things existed.  Will definitely look into how much trouble I can get into!

To know exactly the rules in my state, should I look for a RE lawyer? Or is there someone else I should reach out to?

Post: How to combine a wrap around mortgage and lease-option

Elliot Tan
Pro Member
Posted
  • Posts 34
  • Votes 11

I have an interesting scenario for you creative finance experts:

I've found a seller who is in pre-forclosure and owes $69,000 on his mortgage. He's asking for $95,000 so he can walk away from his debt and pocket $26,000. Since speaking with me though, he's found a program that helps veterans in these situations keep their houses. He did not share the specifics of this program. So I don't know what I'm competing with.

I want to help him stay in his house, and hopefully help him acquire the property back from me in a few years when he's back on his feet. His monthly payment is quite low, so I'm having a hard time figuring out how I can make this deal beneficial for both of us, while keeping him in the house, and then give him the option to buy back the property from me in a few years.

To me this would be some sort of combination of a wrap mortgage and lease-option. I don't know enough about either strategy to know how to combine the two! I'm also trying to explore what is possible with this creative finance thing! Would love any suggestions or ideas on how I might be able to tackle this.

Goals for me would be: cash flow in the short-term, then a little profit on the sale in a few years.

Goals for him: keep him in the house, don't let him go into foreclosure, let his family stay in the house, purchase property back at a discount in a few years.

Would love a win-win situation here. But understand if that just isn't possible.

Post: Any Tenant Cloud users out there?

Elliot Tan
Pro Member
Posted
  • Posts 34
  • Votes 11

That was a great suggestion. I'll definitely look into both! Thanks Patrick.

Post: Any Tenant Cloud users out there?

Elliot Tan
Pro Member
Posted
  • Posts 34
  • Votes 11

Hi all! I'm looking to purchase rental properties in Central Texas (Bell County specifically) and am hoping to self-manage, then transition into hiring an in-house manager once I feel like I cannot manage my properties myself. My plan is have most of my portfolio be SFR's, with maybe 1 or 2 small apartment complexes eventually. My goal is to have a small, but MIGHTY portfolio 😊.

I've been researching property management software and feel the most drawn to Tenant Cloud based on their price point, scalability, and amount of features.  There aren't a ton of reviews or marketing like some of the big-name ones (Rent Redi, Avail, Buildium, etc....), so I'm hoping to get some feedback from people who have actually used the software!  

Would love to hear from people who have any experience with Tenant Cloud!  Both positive and negative reviews would be great.  I especially want to know if it's user-friendly, if tenants like working with it, if the features are as advertised, and if they do a good job marketing your properties?

Thanks in advance!

Post: Rules for receiving funds for private money loans

Elliot Tan
Pro Member
Posted
  • Posts 34
  • Votes 11
Originally posted by @Jerel Ehlert:

I am licensed to practice law in TEXAS, including related federal law.  I don't know where you are or where these properties are at, and that makes a difference.  Securities laws are generally governed under federal preemption and state law applies in certain other circumstances.  With that said, I'm not your lawyer.

In the world of capital, your capital stack will be composed of debt or equity or a hybrid instrument (a bit of both).  Any or all of these can be a security governed by state/SEC regs.  There are rules and case law that guide regulators in determining whether an instrument is a security or not.  Lots of great books out there to describe this and I invite you to do just that - read books on syndication.

DO NOT DOWNLOAD ANYTHING FROM THE INTERNET if you want to stay out of trouble.  Go see a lawyer in your jurisdiction.  Google is job security for lawyers.  The few hundred you spend getting a lawyer to do it right for you will save you thousands to defend a lawsuit on something you "downloaded" from the internet.

Any time you "pool" money, 99.999% of the time, it will be called a security.  Even loans can be a security (called a "bond").  Sometimes a loan is NOT a security, but regulators and the statutes they enforce start with the presupposition that all instruments are a security unless an exemption or exception applies.  You can have several lenders make a single loan and each have an undivided interest in the note and lien secured by real estate.

My private lending package consists of a deed with vendor's lien, promissory note, deed of trust (Texas), a business purpose affidavit or personal guaranty, lender's instructions to the title company (because I only represent the lender, even if the borrower is my initial contact), and letter of non-representation (explaining that I work for the lender and paid by the borrower).

The State Bar of Texas encourages its members to educate the public on areas of law, and in that light, this is for educational purposes.  I'm not your lawyer.  You need to find one where you are at.  Based on the questions, you should probably find a club or group where you are and talk to locals.  Maybe partner with people who have done this a few times.

 Hi Jerel.  Thanks for straightening out a lot of my questions for me!  I appreciate your professional advice being shared in a forum like this.  Will continue to get educated, and follow all the advice here:  GET PROFESSIONAL HELP.  Thanks again Jerel.  

Post: Rules for receiving funds for private money loans

Elliot Tan
Pro Member
Posted
  • Posts 34
  • Votes 11
Originally posted by @Chris Levarek:

@Elliot Tan As recommended, consult a securities or real estate attorney. However, it comes down to how the capital is used and even participation of the members. 

If you are selling a security, meaning, you are taking capital and giving ownership in a real estate property, this will be a red flag. IF those members having ownership are not playing an active role in the management of the project, this will be another red flag. In both cases, syndication would be needed with a securities attorney.

Here is the list of promissory notes recognized by the Supreme Court as NOT being securities is a compilation of nearly random examples:

  • Notes delivered in consumer financing.
  • Notes secured by a mortgage on a home.
  • Short-term notes secured by a lien on a small business or some of its assets.
  • Notes evidencing a “character” loan to a bank customer.
  • Short-term notes secured by an assignment of accounts receivable.
  • Notes that formalize an open-account indebtedness incurred in the ordinary course of business.
  • Notes given in connection with loans by a commercial bank to a business for current operations.

And the determining factors for how a court will judge it to be a security or not are :

  • Whether the borrower’s motivation is to raise money for general business use, and whether the lender’s motivation is to make a profit, including interest.
  • Whether the borrower’s plan of distribution of the note(s) resembles the plan of distribution of a security.
  • Whether the investing public reasonably expects that the note is a security.
  • Whether there is a regulatory scheme that protects the investor other than the securities laws (e.g., notes subject to certain banking regulations).

Again, consult an attorney. And always ensure you have legal documentation and even as suggested use an intermediary to have clear separation.

 Thanks so much Chris!  That definitely clears things up a bit more.  Don't really understand the exact meaning of some of the terms and concepts you mentioned, but will study up on them.  And make sure we don't operate in a way that could get us in trouble.  

Ultimately, it really looks like we'll need an attorney to straighten it all out for us.  Thanks for taking the time to share this information.