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All Forum Posts by: Marco Bario

Marco Bario has started 22 posts and replied 459 times.

Post: IRA funds as down payment

Marco BarioPosted
  • Specialist
  • Frederick, MD
  • Posts 467
  • Votes 448
Quote from @Dmitriy Fomichenko:

@Brad Kanouse,

I believe this is a duplicate of this post:
https://www.biggerpockets.com/forums/311/topics/1210256-usin...

But regardless, here is my answer:

If you take a distribution from an IRA - it will be subject to taxes and penalties.

You can convert your IRA into a "Self-directed IRA" and have the IRA buy the property, in this case you are not the owner, the IRA is. You won't be able to use conventional financing and must use a non-recourse loan which typically require 40% down. Also be aware of Unrelated Business Income Tax (or UBIT) on leveraged real estate inside of an IRA.

Or better yet, since you are self-employed - go with a truly self-directed Solo 401k plan, which would be a much better option and will help you avoid the UBIT on this investment.


And the Solo-K would enable you to borrow $50K from the retirement balance to use as you please.

Post: Can I owner finance if I do not own the house?

Marco BarioPosted
  • Specialist
  • Frederick, MD
  • Posts 467
  • Votes 448
Quote from @Jaden Rodriguez:

Hey! Yes, you can potentially offer owner financing even if you still have a loan on the property. This could be done through a "subject-to" deal, where the buyer takes over payments on your existing mortgage while you provide financing for the remaining balance. Just keep in mind that some lenders have a "due on sale" clause, which means they could call the loan due if the title changes. It's always best to consult with a real estate attorney to make sure you're structuring the deal correctly.

As the property seller, a wrap or AITD would protect this seller more than allowing the buyer to take title subject to the existing mortgage. 

Post: Can I owner finance if I do not own the house?

Marco BarioPosted
  • Specialist
  • Frederick, MD
  • Posts 467
  • Votes 448
Quote from @Simon W.:
Quote from @Alfredo Burgos:

Hello BP community. I have a question. I have a vacant house (tenants just left in the past month) with a loan on it. I would like to sell the house more creatively. Can I owner-finance the house to someone if I still have a loan on it? 


 This is a bit tricky, but you can do an option-lease contract. All of the other options, I highly recommend talking to an attorney. You can face legal issues because of the existing mortgage/loan.

The other options are Contract for deed and Wraparound mortgage. I am sure some other BPers can chime in on this.


Aside from potential owner occupancy requirements (FHA), there shouldn't be any legal issues in a lease and option scenario.

Post: How to cover roof repair before purchase

Marco BarioPosted
  • Specialist
  • Frederick, MD
  • Posts 467
  • Votes 448

What if the seller gives you the right to master lease the property now and an option to buy later?

As the lessee, I believe you can expense the roof replacement and then wait to exercise your option. 

Post: Why is there no alternative to Paperstac?

Marco BarioPosted
  • Specialist
  • Frederick, MD
  • Posts 467
  • Votes 448

I've spent several years developing skills and tools to be successful in a very niche space.

I usually work with mom-and-pop sellers who have originated just one seller carry in their lifetime and, when they connect with me, have never sold a note. 

Online platforms aren't a good fit for them.

Post: What The Gurus Do Not Teach You In Note Investing - Part 2

Marco BarioPosted
  • Specialist
  • Frederick, MD
  • Posts 467
  • Votes 448
Quote from @Chris Seveney:
Quote from @Marco Bario:

@Chris Seveney

"After around 2 years of payments we sold the loan and went from a loss to a very nice gain."

I know this one... and it's still paying every month on the first of the month. 


 And I bet whoever bought it :)  - enjoys the cashflow.

I had a small monthly payment I was making, and I "hired" this note to make it for me. 

When I buy stuff or services at retail but buy assets to pay for them at a discount, it's like buying those assets and services on sale.

Post: What The Gurus Do Not Teach You In Note Investing - Part 2

Marco BarioPosted
  • Specialist
  • Frederick, MD
  • Posts 467
  • Votes 448

@Chris Seveney

"After around 2 years of payments we sold the loan and went from a loss to a very nice gain."

I know this one... and it's still paying every month on the first of the month. 

Post: Equity Pledge, instead of 2nd lien

Marco BarioPosted
  • Specialist
  • Frederick, MD
  • Posts 467
  • Votes 448
Quote from @Raj G.:

Hi,

I have been doing private lending for a very long time, most of time first lien, some time 2nd lien also.

recently came across a situation where first lien is already there on property and there is clause than 2nd lien can not be done on property.

Investor(borrower) giving me option that we can prepare a new document for "Equity pledge" this mean conditional equity in property if there is default.

I never heard this thing before.

any one any input on this.

Thanks in advance.


A simple way is to purchase an option on the property. The strike price can be set to any amount the parties agree to. You're on title, your option can be sold if you wish, and you can give whoever is on title now the option to repurchase your option. In doing so, assuming equity remains or has increased, you would profit.

@Varun Hegde - This is a good topic.

Often a title policy is issued to "XYZ Entity or Individual(s) and/or it's assigns" – however unless the title company handling my closing can perform a date down from when the existing title policy is ordered and issue an update in my name, I purchase a new policy at closing and factor the cost into my offer price. 

It differs between note buyers, but I always close through title and always make sure there's a lenders (Deed of Trust/Mortgage) or owners (Contract) policy in my name. I ask title to provide any documents that will be recorded and I won't authorize release of funds until I have proof of recording. The questions you raise would be addressed by closing through title and obtaining title coverage.

Post: Risks of Wholesaling Sub-to Deals

Marco BarioPosted
  • Specialist
  • Frederick, MD
  • Posts 467
  • Votes 448
Quote from @Jeremy Bourgeois:

I have a pretty solid sub-to deal that I can put under contract, but I'd prefer to assign it rather than take it down myself. I'm hesitant because I don't want to be on the hook if in the future something goes wrong like the buyer stops making payments. Now, I would of course be vetting buyers and making sure whoever purchases the deal has a solid track record and is a trustworthy individual/company first, but things happen. If I am under contract with the seller, even though it would be assigned to a buyer, would I still be at risk here?


Subject to deals are not for wholesaling. Doing so places all involved parties at risk, and I fear will attract the attention of legislators thanks to those who do things carelessly.

Instead, stay in the deal by closing on the purchase and selling with a wrap. But intend to keep your word to the seller by making their payments at all costs or selling the wrap for a high enough price to pay off the underlying.