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All Forum Posts by: Jennifer Knestrick

Jennifer Knestrick has started 6 posts and replied 11 times.

Originally posted by @Theresa Harris:
Originally posted by @Jennifer Knestrick:
Originally posted by @Theresa Harris:

The fact that no one thought of it in the divorce sounds dodgy.  All assets would have been listed and how can you forget about a house? especially if there is still a loan on it.

For normal partnerships, yes if one wants out, they can force a sale. If the other partner wants to keep it, then they can come up with the money to buy the other person out.

 Do you know the process? They did the divorce themselves, on the cheap, no lawyers. Sounds like fraud would have been a part of this excluded fact. It obviously wasn’t just forgotten.

 Not sure how it would be fraud since they both clearly knew about the property.  Find out what market value is for the home and then they can write up a sales contract and have a lawyer handle it.

Fraud in that they would have had to falsify a document submitted to the court (statement of assets/net worth or similar). The woman who snapped doesn’t want to sell, expect for a brief period where she wanted 60k from the other for her share. The sane one didn’t want to take advantage that way, but does want out. 

So it sounds like the one who wants out could get a lawyer to bring a suit to get a court order….that answers my question. I wasn’t sure if you could force a sale, once you were no longer in a divorce suit, but just unrelated partners.


Originally posted by @Theresa Harris:

The fact that no one thought of it in the divorce sounds dodgy.  All assets would have been listed and how can you forget about a house? especially if there is still a loan on it.

For normal partnerships, yes if one wants out, they can force a sale. If the other partner wants to keep it, then they can come up with the money to buy the other person out.

 Do you know the process? They did the divorce themselves, on the cheap, no lawyers. Sounds like fraud would have been a part of this excluded fact. It obviously wasn’t just forgotten.

Just heard of this **** show a friend is going through…

Multifamily house in Brooklyn, NY. Owned by a couple who has gotten divorced. One spouse had a psychotic break. It’s not going well for anyone, to say the least. They did not address the house in the divorce. They now co-own it and rent out the apartments. Worth about 950k with a 400-500k loan. Non-psychotic partner wants out. Can she force a sale?

I have been a w-2 employee until recently, investing in real estate on the side. I've left that work, and plan to self-manage apartment buildings I own, formalizing that as a 1099 employee of each LLC. All LLCs have partners.

What are my best options to contribute to retirement and maximize tax advantage, either near or long term. Age 42


Thanks!

Originally posted by @Caroline Gerardo:

The lender committed to a longer than 30 day lock? Interest rates have not changed but a sixteenth of an inch up and down in the last 30 days. You can switch lenders if they want a cash non-refundable extension fee or high extension fee, probably get same deal, but it is not nice. Partner signed an agreement, what does it say?  No one can tell you the lender policy without knowing who the name of the company lender. There are many jumbo lenders, also don't know your particular situation.  Rate locks are sold to secondary market in packages. A non QM lender commits say 20 million dollars with of a number of loans to be delivered to the investor on a certain date. The investor prepares the $ and nods based on market. A jumbo without a specific address (TBD) was a risky commitment for your lender to make, now they have a hole to fill and squeeze yours into another box of deals perhaps sold to some other investor. Jumbo investors are: Wall Street/ hedge funds/ pools of high net worth guys in suits. The investor cares about their clients who expect a rate of return. Your lender may pay a penalty for not delivering or get worse terms next package sold to same end user.  Only a very few lenders offer jumbo with their own cash and keep them long term, rates are too low to make a long term buck.

It’s a commercial loan from Chase, which they plan to keep. It’s not jumbo. The rate was locked for 60 days.

I’m hoping they can credit the lock fee at least in part to the smaller loan and close it on time. Online reading suggests that if you leave a rate lock you go back to square one with the application/underwriting.

I realize this will simply come down to bank policies, but I’m curious what’s typical.

In the the midst of a 1031 exchange, we qualified for a mortgage on the replacement property at $2.9M, and rate locked in mid July. I made the banker aware early and often that we wanted to apply up to the max amount, but would possibly borrow much less (like $1.3M) if we decided to exchange into one property, not two.

OK, so the rate lock occurred. I didn’t sign it, the majority partner did, and when I talked to the banker yesterday, she was going back to underwriting to check if we can reduce from the offered $2.9M without penalty. She’s thinking there would be a penalty. The prepayment terms on the loan are 5% in year one. Again, I haven’t seen this rate lock doc yet (ask for it of course) but am surprised that the rate lock was the loan balance milestone and am curious if this is standard. 

Can mortgage experts comment?

I was surprised to learn - and frustrated, as it should have been evident weeks earlier but was not mentioned to me - that Quicken Loans wouldn't proceed with a purchase loan because title will be held by an LLC.

Is this customary? Applicable only to SFR or 1-4 unit maybe? I know it's not unusual for LLCs to hold title to RE, so what am I missing? Insurance has also been tricker to get. It's my 6th overall purchase but first time buying as an LLC.

Great info on the 90%. There's one vacant and one just-rented unit, so that would be disqualifying, it seems.

I’ll be purchasing an 8-plex, and trying to understand the advantages of a Fannie or Freddie loan. Balance will be $1-3M.


Are the rates truly lower?
What are the downsides?

Thanks, @Dave Foster. If the LLC sells to that remaining partner, who creates his own LLC or not, is that a different story?

If my mother were to leave this in her estate, it’s the same deal for heirs, right? Taxable event when the heirs want (or need) to liquidate? Or is it beneficial to pass it on in an estate, for the step up in basis, and then we sell without capital gains?