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All Forum Posts by: Account Closed

Account Closed has started 17 posts and replied 170 times.

Post: Prohibited Transaction?

Account ClosedPosted
  • Jacksonville, FL
  • Posts 183
  • Votes 22
Originally posted by @David Frol:

My Roth IRA owns less than 10% interest in an LLC that invests in commercial real estate. One of the projects of the LLC is now completed and we are ready to list it.

Can I be the listing agent for this transaction since I own less then 49% interest in the LLC or would this still be a prohibited transaction?

Thank you in advance for your feedback!

Very blurry cryptic language with regards if it is a prohibited transaction. It may or may not based on how you look at it. You would of course have to disclose to the buyer that you have an interest in the property that was being sold from an ethical perspective.  Also, is the buyer a relative? 

Post: LLC questions

Account ClosedPosted
  • Jacksonville, FL
  • Posts 183
  • Votes 22
@Lee S.:

First off, I spoke with my CPA regarding an LLC and I'm wondering if she is correct regarding the taxes on an LLC. She stated that if I were to buy and sell a property under an LLC that the entire gross amount would be taxed. Example, buy house for 200k, sell for 250k, taxes are paid on 250k not the 50k profit. This can't possibly be true? I don't think an LLC makes sense on a cost and time basis and I don't think it will really protect me that well if I do ever get sued.

LLCs are often economical and often work well both from an income "pass through" and personal liability perspective. Its sounds like your CPA is just blatantly misinforming you here.

Post: Is REO inventory overpriced everywhere?

Account ClosedPosted
  • Jacksonville, FL
  • Posts 183
  • Votes 22
@Gary Marcotte:

I am a rehabber dealing mostly with REO properties and I am having a miserable time finding deals.

If you are utilizing the auction route primarily, unless for the occasional deals which are increasingly rare, I have always thought that properties at auctions, sell close to or at market value and may not be a viable channel for finding deals. This is especially the case because most of the auction properties may also require additional repair funds which might place total acquisition cost at or above market value if not careful.

Post: Private Placement Memorandum Costs & Self Directed IRA

Account ClosedPosted
  • Jacksonville, FL
  • Posts 183
  • Votes 22
 @Shawn M.:

It seems like a lot of paperwork to have him invest, Why do we need to register with the SEC and how much will all that cost?

It sounds like the IRA custodian is simply trying to cover his or her rear. Also, a private placement memorandum is just good practice. The IRA in most cases is the investor's life savings/retirement account, hence the memorandum should be the very least of your concern. The IRS is very sensitive on how or what IRA funds are being utilized for. It doesn't seem from what you described that a registration with the SEC would be necessary per se -- especially if they are accredited.

Post: Private Placement

Account ClosedPosted
  • Jacksonville, FL
  • Posts 183
  • Votes 22

Finding a good securities attorney could often be quite a chore. If any of you happen to have any referrals may send such by email or a private message. Thank you!

Post: Best Offshore Residential/Vacation Locations

Account ClosedPosted
  • Jacksonville, FL
  • Posts 183
  • Votes 22

Are those your listings on the focus properties website and are those prices in dollars? 

Post: Private Lender/Joint Venture Structures?

Account ClosedPosted
  • Jacksonville, FL
  • Posts 183
  • Votes 22
Originally posted by @Jean Norton:

I came across someone that raises money for a deal, offering 50% of the profits to the cash investor. However, if there is a loss, it is the cash investor that absorbs the loss.

Frankly, I think that's a hard sell, "Invest in my project and if I screw up, you take the loss". But in the discussion, this person said that's why they give 50% of the profit to the investor for doing nothing.

Does this violate any SEC rules? Getting money from unaccredited investors expecting them to take the loss?

What do you think is the most common form of deal structuring with private investors? I usually offer 50% and share profits and losses equally (although I've been known to pay the investor back in full and take the loss on myself).

It sounds like what they offered you was both reasonable and legal but is a matter of whether or not you trust their ability to deliver. The splits are always negotiable just like the rate of return any investor seeks on an investment. The level of investor involvement in the project is also always an issue so for the remote, 'hands off' investor, half of profits might make $en$e or might also be excessive.

As an issuer, its best to deal with accredited investors that are able to assign a premium to the level of risk undertaken but there are various specific conditions under which an unaccredited investor may be legally involved in various types of offerings and also various conditions where their involvement could disqualify the legality of the offer.

Post: Fraud Alert: BlueSky Lending LC

Account ClosedPosted
  • Jacksonville, FL
  • Posts 183
  • Votes 22
Originally posted by @Neil Aggarwal:

I have worked with BlueSky Lending in the past and they were legit.

I see you both are in the same city. The question is if you worked this BlueSky Lending and this John Campo

Post: Fraud Alert: BlueSky Lending LC

Account ClosedPosted
  • Jacksonville, FL
  • Posts 183
  • Votes 22

@Joshua Dorkin 

Recently got an email from someone who claimed to be affiliated with the company BlueSky Lending LC and that they might be able to finance a certain deal I was putting together.

Had been conversing with the apparent impersonator through an email listed on the biggerpockets profile; however, on 'copying' an email of the 'same person' listed on the company's business website, I got a response from one John claiming not to know the other John and wanting to know what was going on. Apparently, some sort of impersonation. 

I am also not sure if the company BlueSky Lending LC is a legit entity at all.

Has anyone fell victim to this company or a certain 'John Campo' yet? This is a serious federal crime.

Post: $1 Billion in Rental Backed Securities Sold in May?

Account ClosedPosted
  • Jacksonville, FL
  • Posts 183
  • Votes 22

This was from how many companies?