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All Forum Posts by: Mark Miles

Mark Miles has started 38 posts and replied 496 times.

Post: real estate agent's response to inspection

Mark MilesPosted
  • Rental Property Investor
  • Philadelphia, PA
  • Posts 506
  • Votes 665

When you're buying a house using an agent, and the purchase contract has an inspection contingency period, and some fairly sizable issues arise during the inspection, does your agent: a) try to convince you these items aren’t a big deal in order to get you to closing ASAP so they can get paid?, b) offer to help you get quotes on fixing these items?, or c) something else?

Post: Poconos - Legalities Investing in Property for Short Term Rentals

Mark MilesPosted
  • Rental Property Investor
  • Philadelphia, PA
  • Posts 506
  • Votes 665

Yeah, it's tough right now - lot of issues going on, regulation and restriction of STR is one of them.

The below thread has basically become the default Poconos thread in this forum with valuable input from multiple experienced investors. be sure to read the thread all the way to the bottom to gain its full value (there’s quite a bit of info in there!):

https://www.biggerpockets.com/forums/530/topics/711235-vacation-rentals-in-the-poconos


Post: Conventional mortgage on 3rd short-term rental

Mark MilesPosted
  • Rental Property Investor
  • Philadelphia, PA
  • Posts 506
  • Votes 665

Let's say you already own 2 houses that you use for STR. Has anyone been able to get a conventional mortgage on their 3rd STR house, with the lender accepting the STR income from the first 2 STR houses? If so, what type of conventional mortgage did you get on your 3rd house? Was it a "second home" conventional mortgage or an "investment property" conventional mortgage?

Post: Pennsylvania - Rentals, LLC and Transfer Tax Question

Mark MilesPosted
  • Rental Property Investor
  • Philadelphia, PA
  • Posts 506
  • Votes 665
Originally posted by @Scott Smith:

Hey @Jonathan C.,

I am browsing through the forums and read your post. I am short on time, so I wasn't able to read all the comments - I apologize if I am repeating someone else!

The only way I have seen people protect their properties through an LLC without running into issues with lenders is by using a Land Trust. Other methods can often work, but depending on your lender and type of loan they may execute the Due on Sale Clause. A bank cannot use the Due on Sale Clause when you transfer a property from your own name into a Land Trust because it is considered an inter vivos trust (an estate planning tool) and is excluded thanks to the St Germain Act. So the smoothest way I have seen this work is when someone purchases a property into their personal names, use a warranty deed (a quit claim deed might risk your title insurance) to transfer the property into a Land Trust and then assign the beneficiary of the Land Trust to the LLC.

I am not sure on the transfer tax for PA off the top of my head, but I have helped several clients from the state with this type of transfer. If nobody has adequately answered this question just tag me and next time I hop on I can look up the answer when I have a few minutes.

If you have other questions just tag me or DM me. Best of luck to you moving forward!

This is not legal advice, just my opinion as a real estate investor.

Hey Scott - per your comment above about having helped serveral clients in PA, I'm curious - did all of your clients pay the transfer tax when they transferred title to an LLC? This tax is particularly onerous in Pennsylvania, which charges a transfer tax of 2-4% of the property's value, depending on which PA jurisdiction (I believe this to be one of the heftiest transfer taxes in the nation).

There are a few cases in which you don't need to pay the transfer tax, but transferring title from personal name to LLC is NOT one of those exceptions. According to (c)(1) below, if you were transferring the property into a living trust (per the St Germain Act), the transfer WOULD be exempt from transfer tax IF you were PERSONALLY listed as the beneficiary. If, however, your LLC (which is of course a separate entity from you personally) is the beneficiary (which is what you need in order to gain the desired asset protection), then you must indeed pay the onerous transfer tax:

https://www.pacode.com/secure/data/061/chapter91/s91.156.html

Post: Avoiding transfer tax with transfer to LLC

Mark MilesPosted
  • Rental Property Investor
  • Philadelphia, PA
  • Posts 506
  • Votes 665

I know a lot of people write on here about transferring title to an LLC after closing. I'm curious - is everyone paying the transfer tax when they do this? It's particularly onerous in Pennsylvania, which charges a transfer tax of 2-4% of the property's value, depending on which PA jurisdiction (I believe this to be one of the heftiest transfer taxes in the nation).

There are a few cases in which you don't need to pay the transfer tax, but transferring title from personal name to LLC is NOT one of those exceptions. According to (c)(1) below, if you were transferring the property into a living trust (per the St Germain Act), the transfer WOULD be exempt from transfer tax IF you were PERSONALLY listed as the beneficiary. If, however, your LLC (which is of course a separate entity from you personally) is the beneficiary (which is what you need in order to gain the desired asset protection), then you must indeed pay the transfer tax:

https://www.pacode.com/secure/data/061/chapter91/s91.156.html

Post: pinned threads on top

Mark MilesPosted
  • Rental Property Investor
  • Philadelphia, PA
  • Posts 506
  • Votes 665
Originally posted by @Ken Latchers:
I like others are trying to help  newbies as well as defend them against themselves  and marketers and the clueless types here, but we keep saying the same thing over and over again... Same for the hey, im looking for my first short term rental what should I do?

I don't think it needs a separate Forum, as it is short-term rental. I'm just trying to get them to pin a thread of top were they going to ask questions if we can reply, and if the others are start us read any way we could just say please see the thread on top!

Originally posted by @Eric P.:
Originally posted by @Ken Latchers:

There has been no posts to the evicting renters that is pinned to top for 4 month's. But we get non-stop newbies looking for Arbitrage and non-stop newbies looking for advice to get started.

what if we pinned an Arbitrage/Master Lease thread and a new to short term rental thread on top and unpinned the evicting thread?

it seems we spend endless time wrangling with newbies who think Arbitrage is the way to riches and other newbies who want advice on how to get started. I don't see a lot of people wrangling for how do I evict someone on these discussions

Good point! I've thought about recommending that BP create a separate forum specifically for STR Arbitrage, to keep some of that noise out of this forum.

It seems that STR Arb has now become popular enough (for better or worse) that it's worthy of its own BP forum

We should also have a pinned thread for "new to STR"

Post: LLC Loan with only 10% down?

Mark MilesPosted
  • Rental Property Investor
  • Philadelphia, PA
  • Posts 506
  • Votes 665

When I look at financing options for an LLC, I see that rates tend to be a few percentage points higher. But I also see that LLC loans tend to require 20% or 25% down. Anyone know of LLC lenders (lenders who lend to LLCs) that will accept only 10% down or 15% down?

Post: STR Tenant Verification

Mark MilesPosted
  • Rental Property Investor
  • Philadelphia, PA
  • Posts 506
  • Votes 665

What kind of verifications do you require from your STR tenants before they stay? I'm talking about people who booked via Airbnb, VRBO, etc... Do you request that the tenants send you a copy of their driver's license? Do you request their email address and phone number? Do you require the tenants to sign a separate STR lease even if they booked via Airbnb, VRBO, etc?

Post: STR Insurance during Year 1

Mark MilesPosted
  • Rental Property Investor
  • Philadelphia, PA
  • Posts 506
  • Votes 665

So I know there's been some discussion here about whether or not Fannie Mae permits STR during year 1. Even if they now do, some lenders are still behind the times or, bottom line, lenders are still allowed to make their own rules so some lenders are not permitting STR during year 1 still. Anyway, when you obtain financing for a new purchase, you have to show proof of insurance in order to close on your loan. Many people here use Proper Insurance (or other STR-specific insurance).

I'm very hesitant to show my lender that Proper will be my insurance company for his house bc my lender has been quite adamant against me renting during Year 1. And if my lender sees Proper as my insurance, it will be quite evident what I'm doing as they specifically insure Airbnbs/STRs. So I'm considering carrying 2 insurance policies for year 1: getting a bare bones home insurance policy from a traditional insurance company (Allstate or State Farm, etc) and also getting a Proper Insurance policy over top of that to ensure I'm covered for STR-specific stuff. Then after 1 year, I can cancel the Allstate policy and keep only Proper Insurance.

Anyone else run into this and what did you do?

Post: How much are dozens of 5-star reviews worth???

Mark MilesPosted
  • Rental Property Investor
  • Philadelphia, PA
  • Posts 506
  • Votes 665

Hey, I'm considering buying a specific property that is being run currently as an STR. The Airbnb and VRBO listings have dozens of 5-star reviews and very high ratings. As part of my offer, I requested that they transfer those listings to me at closing.

When the sellers saw that request, they bumped up their asking price significantly. So I ask you this: what is the monetary value of buying great Airbnb and VRBO listings? How much extra would you pay for a house IF it comes with stellar Airbnb and VRBO listings?

These listings should significantly increase first year revenue, right? I mean, you should be able to get a lot of bookings from Day 1 compared to creating a listing from scratch. So seems like there’s quite a bit of value in buying these listings, even at a high price tag?

Like, a property that earns $50k per year might only earn $30k in year 1 if you have to delete and recreate the Airbnb and VRBO listings, right? In that case, the online listings are essentially worth $20k, right?