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All Forum Posts by: Joel O.

Joel O. has started 11 posts and replied 64 times.

Post: Advise needed on breaking rental agreement due to Covid

Joel O.Posted
  • Investor
  • Charlotte, NC
  • Posts 73
  • Votes 28

First step i would recommend to anyone in these type of situations is to simply talk to the landlord/leasing office.

Tell them your situation and that you want to be able to move out.

Secondly find someone reliable who would be willing to take the apartment after you leave (this is to assist with turn over for the leasing office), they will still do their tenant screening and all that, but at least you are trying to assist.

I would avoid to try to get one over on the landlord and find some reason to just leave without either speaking to them or believing you can just do it without any type of reprecussions.

I told my sister this same advice who lives in Manhattan, NY and she was paying ~$3k for an apartment. She waited 4 months with no income, simply becuase she was unsure about the COVID situation and hoping we would return to normal. She finally spoke to the landlord and they said, sure ok no problem.

Results may vary.

Post: RE Partnership Structure

Joel O.Posted
  • Investor
  • Charlotte, NC
  • Posts 73
  • Votes 28
Originally posted by @John Malahay:

How about setting her up with a self-directed IRA. That way your partner will be her self-directed IRA account which is its own entity & then pay your distribution to the SD-IRA account. -

This is interesting, haven't thought about this. WIll look more into this approach.

Post: RE Partnership Structure

Joel O.Posted
  • Investor
  • Charlotte, NC
  • Posts 73
  • Votes 28
Originally posted by @Bob Floss II:

@Joel O. Have her do a promissory note with personal guarantee

 Do you mind elaborating a bit on this method?

Post: RE Partnership Structure

Joel O.Posted
  • Investor
  • Charlotte, NC
  • Posts 73
  • Votes 28
Originally posted by @David Swedberg:

I'm not an attorney, but work for one. The structures we set up own assets in LLC's or trusts which can be set up to protect identities. We use series LLC if more than one property is owned, to simplify organization and reporting. We set up operating LLC's to run operations and pay lease to the asset holding company, and all expenses related to the property that the accountant recommends. Accountants can give good advice on how to do the expenses.

If you want anonymity, you can set up the attorney as initial trustee to switch when assets are transferred and the filings are done.  This in my layman's language, I am sure a lawyer can explain it better.  There are great podcasts to learn more without the $500/hour.

 Personally I am not too focused on the anonymity portion, would like to just focus on acquiring properties and all that other stuff I will handle in the future.

Post: RE Partnership Structure

Joel O.Posted
  • Investor
  • Charlotte, NC
  • Posts 73
  • Votes 28
Originally posted by @Mitch Messer:

Hi @Joel O. It sounds like your MIL just wants to be a private lender and earn a specific return on her invested funds in your deals.

This is a pretty common and easy-to-structure arrangement. If this concept is "over the head" of your current RE attorney, you need yourself a new attorney, and fast!

She doesn't need to be involved in your LLC at all; no more than Well Fargo would be if they were your lender. 

She's going to be your bank. You'll use her funds to acquire (and perhaps rehab) investment properties that you will either buy-and-hold or fix-and-flip, or some other investing strategy. Either way, you'll give her a 1st mortgage on the investment property as security and then sign a promissory note to pay her on an agreed payment schedule.

There are tons of specifics you'll both need to negotiate here, like appraisals, maximum loan-to-value, note terms, etc. That's where a great attorney will be invaluable!

(And, there's also the valid concern of whether you really want to be in business with family. But that's a whole other discussion...)

But, what she's asking for here is not complicated nor difficult to set up.

(And, no, I'm not an attorney nor am I give you legal advice!)

 Thanks for the response, just to clarify she would be giving me enough funds for a down payment rather than enough for an entire purchase. She would like to see how this works out for us first. 

Post: RE Partnership Structure

Joel O.Posted
  • Investor
  • Charlotte, NC
  • Posts 73
  • Votes 28

This is for those Real Estate attorneys or people who have experience with my question:

My mother-in-law wants to partner with me on my next deal and wants to be a silent money partner in this deal.

She has no plans on touching or looking at the property, she only wants to receive regular distributions in her account for her investment.

She also does not want to appear on any loan, mortgage, or LLCs. 

She wants to be completely invisible essentially.

I've already spoken to a RE attorney and he says this is over his head and doesnt understand the situation, i currently have scheduled meetings with other attorneys, but would love to hear from the infinite wisdom of my fellow BPers.

How would I structure a LLC and distribute either monthly or quarterly to my mother-in-law?

My original idea was to simply create a partnershup LLC with her as my partner.

If i missed anything out let me know so I can provide that info.

Post: Reasonable Pet Deposit in Atlanta

Joel O.Posted
  • Investor
  • Charlotte, NC
  • Posts 73
  • Votes 28

For my rentals in ATL. South Fulton area I do monthly pet fee of 35$ per pet for simplicity's sake. 

My tenants in that area stay long term maybe 3years+ and normally have multiple pets. 

 If I were doing a pet deposit I would require 250$, but would adjust based on the property class.

Post: Tips on using rental properties as Section 8 housing in Atlanta

Joel O.Posted
  • Investor
  • Charlotte, NC
  • Posts 73
  • Votes 28

I don’t have any tips specifically with section 8 housing, but from all the knowledge I’ve learned here in BP and with other mentors is that the best for your investment is a good screened tenant.

Post: Tenant wanting to move out in middle their lease

Joel O.Posted
  • Investor
  • Charlotte, NC
  • Posts 73
  • Votes 28

I dont know much about this, but based on this situation I would just allow her to leave and you find a new tenant. You can even ask her that if she can find someone to replace her that would work out as well, BUT 1 bad apple is sure to bring another bad apple, so theres that.

Post: Hard Money Lenders in GA with Minimum <$100K

Joel O.Posted
  • Investor
  • Charlotte, NC
  • Posts 73
  • Votes 28

Hey Chuks,

Your strategy is similar to mine! And for my last property i worked with a HML for this same strategy.

Ill send you a message on who to contact. Im sure they can help you!