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All Forum Posts by: Jeffrey S. Breglio

Jeffrey S. Breglio has started 1 posts and replied 217 times.

Post: Any Provo, UT Multifamily investment groups?

Jeffrey S. BreglioPosted
  • Attorney / Investor
  • Salt Lake City, UT
  • Posts 228
  • Votes 198

Oh, and for you Utah Valley folks, there is a BP meet up on Thursday night at The Huddle on Fort Union at 6:30. It's a great event!

Jeff

Post: Any Provo, UT Multifamily investment groups?

Jeffrey S. BreglioPosted
  • Attorney / Investor
  • Salt Lake City, UT
  • Posts 228
  • Votes 198

If you ever do get to town, the Utah Valley REIA is great. They meet monthly In Orem and have a luncheon as well. Great networking opportunity, as well as education of the local market.

Happy Investing!

Jeff

Post: Hi, my wife and I are new to Salt Lake City, UT

Jeffrey S. BreglioPosted
  • Attorney / Investor
  • Salt Lake City, UT
  • Posts 228
  • Votes 198

Welcome! And yes, don't forget the luncheons of the REIAs. And come join us Thursday night at The Huddle. Utah is great on networking. We all seem to have the "more the merrier" attitude. Reach out and people will reach back.

Happy Investing!

Jeff

Post: Real Estate Investor from Salt Lake City Utah

Jeffrey S. BreglioPosted
  • Attorney / Investor
  • Salt Lake City, UT
  • Posts 228
  • Votes 198

Welcome. There are a lot of great local outlets for networking and education. We've got great REIAs and a BP monthly get together (this thursday 6:30 at The Huddle). If you need anything just let me know. 

Happy investing!

Jeff

Post: Utah Investor Meetup

Jeffrey S. BreglioPosted
  • Attorney / Investor
  • Salt Lake City, UT
  • Posts 228
  • Votes 198

I'll be there!

Jeff

Post: Looking for a real estate Attoney

Jeffrey S. BreglioPosted
  • Attorney / Investor
  • Salt Lake City, UT
  • Posts 228
  • Votes 198

Hi Jenny. I've been an attorney and real estate investor for 18 years. I'm a member of the boards of Utah REIA and Salt Lake REIA, and regular speaker at all the REIAs here. I'd be happy to speak with you about protecting your rental properties.

And not in a trust, at least not the kind you're probably thinking of.

Give the office a call at set up a time for us to chat.

Happy investing.

Jeff

Post: Wholesaling step! Confused!

Jeffrey S. BreglioPosted
  • Attorney / Investor
  • Salt Lake City, UT
  • Posts 228
  • Votes 198

couple of things to think about.

make sure your contract with the seller is assignable. make sure you are aware of rules about assigning contracts in your state. you may want to talk to other wholesalers in your area about that and to get good forms. make sure there are conditions in your contract to cancel in case your buyer backs out. vet your buyer and how they are paying for the home. find a title co/attorney familiar with wholesaling. there are a lot of moving parts, but keep learning and you'll get there.

Jeff

Post: Lease Option

Jeffrey S. BreglioPosted
  • Attorney / Investor
  • Salt Lake City, UT
  • Posts 228
  • Votes 198

Both @Darrell Shepherdand @Brian Gibbons have excellent comments. You need to clarify exactly what you are doing with the LO to come up with the best strategy. But to help clarify just a few things...

If you're the "buyer" in the LO and the seller dies, the estate of the seller still must honor your option to buy. If the property is not in some kind a trust, it will require probate to eventually conduct the sale. If it's in a trust, you should be able to avoid that. I say should because heir and beneficiaries can challenge trusts, but that's rare and difficult to do.

In a LO, typically the renter doesn't pay the seller's mortgage. Rent is paid to the seller who then pays their mortgage. You can set up with an escrow company (recommended) to take the rent and then pay the mortgage to make sure it's paid.

If you use an escrow company, I've seen LOs last for years after the seller's death because payments are being made. However, this is risky. Most likely the heirs will notify the bank that the seller has died and then generally the bank will call the note due, which could accelerate the need to exercise your option. If your documents aren't done well, then you could lose your option money and not get the house.

Options are other traditional seller financing deals. The point is, there are a lot of issues to be educated on with LOs, seller financing, and especially when there are underlying mortgages. And, your documents have to be excellent. Keep learning!

Happy investing,

Jeff

Post: Why did Brandon say that?

Jeffrey S. BreglioPosted
  • Attorney / Investor
  • Salt Lake City, UT
  • Posts 228
  • Votes 198

I'm not a fan of online places for getting legal documents, of any kind. They are very boiler plate to typical businesses who are really looking for a name to run under. Real estate is anything but typical, and the focus is either asset protection or tax savings. Online places won't guide you through or ask you the right questions to get what you really need. Most don't even have provisions for charging order protections, prohibitions on transfer on membership, management, and other clauses we use to beef of the asset protection side of things. They aren't as cheap as they appear to be with add on costs, and to the point where they aren't much less than having an attorney do them. Also, if there are issues, you have no one to go back to or stand behind the documents. 

And, they aren't as easy to pierce as most people say. There are a million "stories" and blah blah about not putting properties into LLCs and just have insurance. They are just stories, and usually by older investors who got in the game before LLCs were common place. I have a long list of clients who's insurance didn't cover the claim. And while insurance is a definite must, using LLCs to protect yours personal assets, AND the asset inside (there are TWO kinds of protection that most people don't understand) is worth the small, one time cost of having an LLC.

While you can do things that will reduce or eliminate your protection, running and managing a LLC appropriately is quite easy. We educate all our clients, and even help them, run their company by the books. Not commingling funds is super easy. We have hours of "corporate governance" videos on our website to teach you if you really want to learn. Again, you educate yourself in real estate investing, it's not hard to educate yourself in running a business. Horror stories are for the movies.

The LLC also provides a professionalism, AND privacy to your endeavors. I sure as hell don't want my tenants knowing I'm the owner of the house.

And don't wait until you have a lot of rentals. It's easiest to learn when you start right from the very beginning and learn to do it right--especially when the stakes are not as high. Get one rental, put it in an LLC and learn how to run it properly. Get comfortable with your new business. Then let your legal side grow as your investing grows. Easy!

Seriously, this really isn't even worthy of discussion. With the exception of CA, setting up, running and using an LLC is not expensive and pretty damn easy to do right.

I'm always happy to help you out. 

Happy investing!

Jeff 

Post: What is a "Draw" (from your LLC)

Jeffrey S. BreglioPosted
  • Attorney / Investor
  • Salt Lake City, UT
  • Posts 228
  • Votes 198

form your LLC. You will be the owner of the LLC, not your trust. You will also be the manager. If you have a spouse, put that person on the LLC as a member too. There is generally more protection with multi member LLCs. If you are single, there are ways to partner with a corporation. But I would start simple and get more complex as your assets grow.

Sine rent incone is passive income, do NOT pay yourself as salary. Just take out a draw, which is just taking out the profits of the business as the owner of the LLC.

I have hours and hours of video instruction on my website regarding the different types of LLCs, management of them, taxes, and asset protection. 

Happy investing!

Jeff