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All Forum Posts by: Account Closed

Account Closed has started 11 posts and replied 613 times.

Post: Is this usury in Colorado?

Account ClosedPosted
  • Professional
  • Brooklyn, NY
  • Posts 624
  • Votes 147
Originally posted by @Jon Pool:
...The funding entity was an LLC owned and controlled solely by the loan arranger, I. e. the lender. At closing, the lender paid out $20K to me personally to pay off (with his knowledge) personal debts. At month 3 the lender paid out another $20K to my contractor, directly. I paid the lender $1000/month for each of the first 5 months, at which point he declared the loan in default due to another unrelated loan...

'Loan arranger'? Where did you meet him? It doesn't sound like there is a formal contract that spells out the terms of both the hard money loan and this personal loan? So you somehow managed to mingle both? You feeling 'setup' by the lender? It seems there are faults on both sides.

Post: Flipping with money from a foreign investor: What should we know

Account ClosedPosted
  • Professional
  • Brooklyn, NY
  • Posts 624
  • Votes 147
Originally posted by @Kristina Mancaruso:
...We have a foreign investor who wants to invest in a flip project we are proposing. The investor also wants the property to be in their name. I'm not sure if this is a good idea because of all the laws involved like FIRPA...

It sounds like the investor is either trying to skirt around having any income he earns from the project being classified as "passive income" which can be taxed at the higher rate of 30% or maybe he just need more security/guarantee. What country is the investor from? Does it affect what you expected to earn for facilitating the rehab? 

Post: How to undertake multiple transactions at once?

Account ClosedPosted
  • Professional
  • Brooklyn, NY
  • Posts 624
  • Votes 147
Originally posted by @Catherine McHale:
...Should I be looking for a portfolio lender?  Also concerned that each time I apply for a loan, my partners need to submit a certain amount of their financials, bank statements, etc., to show where income/expenses from each property go,  Is there a way to streamline this...

 Are you sure about the timing of this? Just how many properties are you looking to acquire per year and are these primarily rentals?

Post: property in costa rica

Account ClosedPosted
  • Professional
  • Brooklyn, NY
  • Posts 624
  • Votes 147
Originally posted by @Youri B.:

Hello everyone

I own a hotel in Costa rica and would like to borrow money to build a bigger better hotel. I am willing to put my property in collateral. Can anyone lead me to company or private lenders that would finance a property in Costa Rica? I am currently already attached to a trust from a Costa Rican bank. 

Thank you 

Do you have any project details? Both the country and project risk with a hotel construction project can be enormous. Utilizing a Costa Rican property for collateral also has its challenges.

Post: how to find private lenders

Account ClosedPosted
  • Professional
  • Brooklyn, NY
  • Posts 624
  • Votes 147
Originally posted by @Paula Mazzola:

Hi members

I am new to start in the real estate investment, I am looking to find a private lender to work with as I learn the ropes to this industry, I also need a private lender for my own property that I am renovating.

I have no idea where to find these angels that are willing to help a new investor knowing what the great returns on their investment would be.

Paula

If you have project details and if they make sense -- there always is funds. Which market are you looking into and what are the deal specifics?

Post: Private Lending from Friend

Account ClosedPosted
  • Professional
  • Brooklyn, NY
  • Posts 624
  • Votes 147
Originally posted by @Brian Cremer:
...Is this all I need to account for legally to make sure I am not breaking any securities laws?...

You would typically worry about a securities violation if you are actively or planning to solicit funds from a group of investors although when you start getting funds from multiple persons who may or may not be accredited, things can get hairy real quick. How are the friends getting to invest the funds in the project?

Post: Local funding/ Investing out of state

Account ClosedPosted
  • Professional
  • Brooklyn, NY
  • Posts 624
  • Votes 147
Originally posted by @Robert Gunby:

Hello BP, I have been reading a lot and am sort of confused. Many people talk about finding a local lender to find funding. What if you invest out of state? Would you try and find a bank in the state of the property you are investing? Or would you go to a local lender where you currently live?

Any lender, if they had the preference, would want to loan funds locally. However, like an investor, some lenders don't want to limit their fortunes to what the local market offers which can be saturated and will in some cases fund out of state projects. The investor though typically wouldn't care where the lender is located. Rehabbing is a different beast. Due to the level of risk involved, many hard money lenders for instance can be quite narrow in markets where they lend.

Post: Lots of property equity: Debt to Income Ratios

Account ClosedPosted
  • Professional
  • Brooklyn, NY
  • Posts 624
  • Votes 147
Originally posted by @Anne Whalen:

...I am trying to figure out the best way to leverage lending to buy additional properties. I have 2 properties with lots of equity (estimated: 800K). I looked into conventional loan, HELOC and cashout refi with Wells Fargo and was told that my debt to income ratio is too high (hubs is W2, I am 1099)....

Are you aware of what the total debt and total income is? There often may be a subtle or material variance in how each lender approaches a loan. 

The larger banks (WFC, BAC, JPM etc.) may often 'think alike'; don't be surprised for instance if they all appear to be singing the same song. 

Some of the regional, community banks, credit unions etc. may perceive the risk and process the loan differently but also may not, based on specifics of the case.

Post: Hold a LLC in a Limited Partnership

Account ClosedPosted
  • Professional
  • Brooklyn, NY
  • Posts 624
  • Votes 147
Originally posted by @Gurpy Ont:

...We (Canadian and US partner) are buying rental property in US. We formed an LLC, but it will result in double taxes...

Are you certain you wouldn't get credit from the CRA for rental income that would have been already taxed in the US based on current treaty between US and Canada?

Post: Canadian investing in USA. LLC or personal name?

Account ClosedPosted
  • Professional
  • Brooklyn, NY
  • Posts 624
  • Votes 147
Originally posted by @Akash Y.:
just like the title says should I purchase homes in my personal or under entities like an LLC.

I have read if I use an LLC I will get double taxed in the USA and in Canada...

Is this a rental or a fix flip strategy? How you are taxed can vary dramatically in each case. 

On the US side of things, whether you utilize an LLC or your personal name is almost moot from a tax standpoint.

Based on current US treaty with Canada, you do want to check with the CRA if you can get any foreign tax credit for taxes you would have already paid on US income. 

Sometimes you only get  double taxed by both countries if you do not claim the credit but the country where the income is earned/generated usually gets first dips.