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All Forum Posts by: Jeremy Vaughn

Jeremy Vaughn has started 3 posts and replied 7 times.

I'm looking for properties in DFW/Denver/Vegas if you know any brokers in those areas let me know!

So it seems like the cap rates in DFW for a B type property are in the 5-6% range. With interest rates at 4.5-5% how are investors generating significant cash flow on these properties?

Post: Loan/Deal Structures With Partners

Jeremy VaughnPosted
  • Fort Worth, TX
  • Posts 8
  • Votes 2

@Jonathan Twombly

The following is from an older post on bigger pockets about the calculations of preferred returns:

Section 4.02 Cash Receipts. The cash receipts of the Company shall be applied in the following order of priority:

(1) To pay the debts and expenses of the Limited Liability as they become due;

(2) To the Asset Manager of the Limited Liability Company his fees as described herein; then

(3) The establishment of a necessary reserve of funds as determined by the Managers in their sole discretion; then

(4) To the Members of the Limited Liability for their preferred return as described herein;

(5) To the Members in proportion to their membership interest; and

Section 4.03 Preferred Returns. Notwithstanding anything in this Operating Agreement to the contrary, the non-managing Members identified on Exhibit A as “entitled to preferred returns” shall be entitled to an 8% preferred return on their invested capital beginning January, 2016, and each year thereafter. All cash equity preferred returns will be distributed equally amongst the members as described below. Distributions to the Members shall be made at least quarterly, if available

At the end it says that the distributions will be made at least quarterly - how is this calculated if you are basing your preferred returns on an annual percentage? How does the preferred return effect a refinance or sale of the building?

Line 3 talks about reserve funds - when you take out the original loan is it common to place a % of the loan in a reserve funds account? 

Thanks for all your help!

Post: Loan/Deal Structures With Partners

Jeremy VaughnPosted
  • Fort Worth, TX
  • Posts 8
  • Votes 2

@Jonathan Twombly

"We denote these as "A" shares, which are entitled to share in the preferred return, and the portion of the return over that not going to the "B" shares."

Do you mind explaining more on how the preferred returns work?


Post: Loan/Deal Structures With Partners

Jeremy VaughnPosted
  • Fort Worth, TX
  • Posts 8
  • Votes 2
Originally posted by @Jonathan Twombly:

@Jeremy Vaughn

There are many different ways to structure these deals, but here's how we've done it on our deals. The property is actually purchased by an LLC, which owns the property. The equity investors receive LLC membership interests in proportion to their equity stakes. We denote these as "A" shares, which are entitled to share in the preferred return, and the portion of the return over that not going to the "B" shares. The sponsor receives B shares representing its "promoted interest," or the 25% in the example above. (It need not be 25%.) It is possible for you to have both A shares and B shares - A shares if you put any cash into the deal and B shares to represent your promoted interest as the sponsor.

The LLC is actually the borrower.  However, some person or persons must sign on the mortgage.  Usually this is the sponsor or the partners within the sponsorship group.  To qualify for a commercial mortgage, lenders will typically require all the signatories' combined net worth to be equal or greater than the balance of the loan, with 10% of that in cash.  The loan should be non-recourse, but typically comes with "bad-boy" carve-outs, which transform the loan into a recourse loan if any of the carve-outs are triggered.  The carve-outs typically concern fraudulent behavior on the part of the sponsor.

The co-signers on the loan can be sponsor/partners, investors, or unrelated people who you compensate to "borrow" their balance-sheet.

Thank you that is very helpful!

Post: Loan/Deal Structures With Partners

Jeremy VaughnPosted
  • Fort Worth, TX
  • Posts 8
  • Votes 2

In an article like this: https://www.biggerpockets.com/renewsblog/2014/03/1...

The author says "Let’s say you structured the deal such that the investors get 75% of the building and you gave yourself 25% for putting the whole thing together."

I'm assuming he is basing these numbers off of the investors putting up the whole $180,000 down payment?

How is the $420,000 mortgage typically structured? Is the loan made to the LLC and the LLC has a PPM that details what each investors percentage is?

Does anyone have an example of a LLC operating agreement or Private Placement Memorandum that I could use?

Who would I go to for help with the structure of the deal? Attorney/Lender?

Post: Fair investor compensation

Jeremy VaughnPosted
  • Fort Worth, TX
  • Posts 8
  • Votes 2

I'm in the same boat, I was about to make a post myself and saw your post so I will post some of my questions here and hopefully it will help both of us.

Example Scenario 1:

My partner is going to be a passive investor and I will be doing all of the work. I find a property that has 6% cap rate on actuals and will cost us $1,000,000 after all costs. This property will be a value add property and we are projecting a jump in cap rate and appreciation on the property in 1-3 years.

My partner is willing to put up $300,000.

How can the $700,000 loan be structured so that the deal with be fair and profitable for both of us? This would be my first apartment complex and my partner has multiple properties, I'm guessing the bank would want both of us on the loan.

If we decide to refinance in 1-3 years to open up more options for new opportunities how would we go about this?

Example Scenario 2:

Same situation as scenario 1 but now there are multiple investors. Let's say there are 3 investing partners who will all be bringing $75,000 to the table. I will still be doing all the work but I will also be investing $75,000 and our total down payment will be $300,000.

How would the structure of this deal change now that I'm investing some of my own money and there are multiple investors involved.