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All Forum Posts by: Account Closed

Account Closed has started 141 posts and replied 4068 times.

Post: How to buy an out-of-state investment property without a realtor?

Account ClosedPosted
  • Investor
  • Scottsdale Austin Tuktoyaktuk
  • Posts 4,205
  • Votes 4,153
Quote from @Gray Dyer:

Found a great investment property but trying to keep everything as cheap as possible and do a deal without a real estate agent(nothing against real estate agents). I found the owner of the property and can message them on social media but I'm not sure where to go from there. I've bought a few homes with real estate agents and I'm familiar with you usual steps but are there other things I could do myself to save on closing costs. Title fees, etc... Would love to hear from other who do it themselves!

First you have to assure yourself you are dealing the owner and in fact, the only owner. Then you look at the property on Redfin or Realtor or Zillow. If you can come to terms, I'd go see the property before I put money down. A lot can be missed and realtors are not inspectors. 

See if you like the house, the condition, the neighborhood. Then you would go to the offer (purchase & sale). If everybody is happy you open escrow. Order title, approve title and commence to a closing date.

Post: What's the penalty for using VA or FHA loan for non primary residence?

Account ClosedPosted
  • Investor
  • Scottsdale Austin Tuktoyaktuk
  • Posts 4,205
  • Votes 4,153
Quote from @Tony Zhang:

I'm wondering what will the possible penalty to be if the property we purchased not as our primary residence by using VA or FHA loan after lender found out? Anyone experience have with this?

It's called mortgage fraud and is a federal felony.  I wouldn't recommend it. There are guidelines of how long you need to live in the property and under what conditions you can move. Those laws are there because we as tax payers are insuring the loan. It is not "funny money".

Just for giggles:

Mortgage fraud is covered under the 2009 FERA (Fraud Enforcement and Recover Act). This Act has highlighted the fines and prison sentences relating to mortgage fraud.

Mortgage fraud laws are divided into two specific categories, which are:

  1. Fraud for housing, in which someone submits inaccurate information in order to be able to buy a home under more favorable terms
  2. Fraud for profit, in which a real estate professional falsifies information so that they can get more money out of a transaction

"most states also have their own laws in place. If charges are brought, they usually also incur tax fraud and other fraud charges."

Post: QuitClaim vs Warranty Deed - Pls Help

Account ClosedPosted
  • Investor
  • Scottsdale Austin Tuktoyaktuk
  • Posts 4,205
  • Votes 4,153
Quote from @Julio Perales:
Quote from @Account Closed:
Quote from @Julio Perales:

Hello all. Looking for some advice as I did not find an answer to my specific situation. My parents are wanting to transfer their paid-off home into an LLC owned by their 4 adult children, me included. This was a home that was new construction, pretty typical of Florida, national builder. When they (my folks) bought it they got a warranty deed and title insurance.

Now we are trying to decide the best way to transfer the home into the LLC. The home will be rented when in the LLC. Question:

1. Do we need a warranty deed or can we just simply use a quitclaim deed?

2. Will using a quitclaim deed make it more difficult to sell the home later?

3. I assume the Title Ins they now have will NOT transfer, but since this is their home, and we are their children, do we need to care about this?

Much appreciated in advance!

Best, ~JP

First talk to a CPA.
Without knowing all of the circumstances, there is a thing called "stepped up tax basis" that the heirs receive when they inherit a property, instead of receiving it as a gift. That can save a significant amount of taxes. Also ask about putting it into a trust for simplicity in inheritance.

Second, instead of 4 people getting a gift or inheriting the property, it should be in writing what the parent’s wishes are. For instance, if all 4 get equal shares and three want to sell, but the fourth refuses, what happens? It can’t be sold until everyone on title signs the documents. If one refuses, it can’t be sold. That could hold things up for years. I’ve seen it happen.

It should be agreed upon, in advance, what is to occur and made clear to everyone, so there are no questions when the time comes. The simplest way of course is that the home will be sold and the proceeds divided in equal shares.

But, you can't assume that's what the parents want or that is what will happen. It needs to be sorted out in advance, in writing and put into a will or trust. If it is in a Trust, getting the proceeds can occur immediately when the time comes. If it is in their Will, it could take a year or longer. There is a huge difference.


 Thank you and yes, great advice.  Have an appointment tomorrow with a CPA to walk through the scenarios.

As far as the Quitclaim vs warranty?  Any advice either way?  My folks have title and a warranty deed from when the house was built in 2012ish.  

We plan to sell the house once both of them pass. Will it make it more difficult to sell the house then if I don't have a warranty deed under the LLC?

How you vest the title will be more important than a QCD or WD. Just have an escrow company take care of things for you. Since there currently is no loan on it, there really isn't much to worry about regarding QCD or WD. 

But, since it is "free & clear" you want to do a couple of things to prevent someone from illegally taking title and selling it without your permission. This is for everyone who reads this, not just you.

Post: CPA for Starters ?

Account ClosedPosted
  • Investor
  • Scottsdale Austin Tuktoyaktuk
  • Posts 4,205
  • Votes 4,153
Quote from @Taya Shavers:

As a starter, at what timing is good to hire a CPA ? on the first property? second or after several ?

I lean toward understanding how to find and buy properties first. You don't really have a need until you have something to talk about.

Post: Sell triplex and buy 12 plex in Oakland good idea?

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  • Investor
  • Scottsdale Austin Tuktoyaktuk
  • Posts 4,205
  • Votes 4,153
Quote from @Sateesh Kumar:

Hello,

A relocation to CA bay area seems imminent due to job and therefore selling an owner occupied triplex also seems imminent. I was initially considering selling my triplex and buying a single family in the bay area for the sake of aggressive future  appreciation while also giving a comfortable living with family but being a single W2 earner the numbers are still not making any sense besides future appreciation is highly speculative.

So I was thinking if it would it make sense to buy a 12 plex in places like Oakland for around 2.2 mil using the sales proceeds of the triplex perhaps do a 1031 exchange. I am expecting to sell the triplex for around 1.2 - 1.3 mil and there is about 500k in loan balance so there is up to 800k in equity. Appreciate your inputs

Thanks

I don't invest in Oakland so I don't know if this is true. But I have read that with the rental moratorium, some renters haven't had to pay in 3 and a half years. A quick search says Oakland rents average $2,680 so 36 months equals $96,480 behind with no ability to evict.

That’s nearly $100,000 of lost revenue. Hard to imagine, but what would be the point of investing there?

Post: Equity vs Cash Flow

Account ClosedPosted
  • Investor
  • Scottsdale Austin Tuktoyaktuk
  • Posts 4,205
  • Votes 4,153
Quote from @Stuart Udis:

Both are important. The cash flow helps secure the best financing terms but equity is where you ultimately make your money. The key is to focus on acquiring assets where the equity can actually be realized at the time of sale. A lot of equity is what I refer to as paper equity. It is equity that is shown on an appraisal report (typically relying on income approach valuations) but these reports are tied to assets located in lower or no entry of barrier marketplaces. This is common in the lower income SF space and also see this frequently with warehouse conversions to smaller office/studio spaces. The owners tend to have difficulty selling these assets at the appraised values, thus fail to ever realize the equity shown on paper.

To add to what @Stuart Udis: has pointed out, there are also costs in selling the property. As much as 8% to 10%. On a $500,000 house it could reduce "equity: by as much as $50,000. I count my "equity" as to what I can put into my pocket once I sell the property.

Post: QuitClaim vs Warranty Deed - Pls Help

Account ClosedPosted
  • Investor
  • Scottsdale Austin Tuktoyaktuk
  • Posts 4,205
  • Votes 4,153
Quote from @Julio Perales:

Hello all. Looking for some advice as I did not find an answer to my specific situation. My parents are wanting to transfer their paid-off home into an LLC owned by their 4 adult children, me included. This was a home that was new construction, pretty typical of Florida, national builder. When they (my folks) bought it they got a warranty deed and title insurance.

Now we are trying to decide the best way to transfer the home into the LLC. The home will be rented when in the LLC. Question:

1. Do we need a warranty deed or can we just simply use a quitclaim deed?

2. Will using a quitclaim deed make it more difficult to sell the home later?

3. I assume the Title Ins they now have will NOT transfer, but since this is their home, and we are their children, do we need to care about this?

Much appreciated in advance!

Best, ~JP

First talk to a CPA.
Without knowing all of the circumstances, there is a thing called "stepped up tax basis" that the heirs receive when they inherit a property, instead of receiving it as a gift. That can save a significant amount of taxes. Also ask about putting it into a trust for simplicity in inheritance.

Second, instead of 4 people getting a gift or inheriting the property, it should be in writing what the parent’s wishes are. For instance, if all 4 get equal shares and three want to sell, but the fourth refuses, what happens? It can’t be sold until everyone on title signs the documents. If one refuses, it can’t be sold. That could hold things up for years. I’ve seen it happen.

It should be agreed upon, in advance, what is to occur and made clear to everyone, so there are no questions when the time comes. The simplest way of course is that the home will be sold and the proceeds divided in equal shares.

But, you can't assume that's what the parents want or that is what will happen. It needs to be sorted out in advance, in writing and put into a will or trust. If it is in a Trust, getting the proceeds can occur immediately when the time comes. If it is in their Will, it could take a year or longer. There is a huge difference.

Post: Equity vs Cash Flow

Account ClosedPosted
  • Investor
  • Scottsdale Austin Tuktoyaktuk
  • Posts 4,205
  • Votes 4,153
Quote from @AJ P.:

Hi everyone, I came across this internal debate when I compared a fixer I found that I could add a lot of equity to through rehab and another property that didn’t need as much rehab but had an opportunity to increase rents with a little bit of renovations and could have it cash flow nicely. I know in an ideal world having both would be the goal, but in this market its been tough to find either. I'm hoping that once I get my first property under contract the ball will start rolling for me and I'll have the opportunity to continue building my portfolio.

I was wondering if any of you had any insight as to if it’s more important to look for cash flow or equity in a deal? Or does it really depend? I certainly understand the significance of both and can see the strategies behind either, but I was wondering what your options are. Thank you all so much for the advice. I truly appreciate it!

It's a Time/Money function. If I can find two good deals in the time it takes to do a rehab, I'll take the to good deals. Usually I include both equity and cash flow in my definition of a good deal. There are plenty to be found, it's a matter of understanding how to find them.

The real question in my world is, what am I going to use this property for?

Post: Need a mentor, need ideas, stuck!

Account ClosedPosted
  • Investor
  • Scottsdale Austin Tuktoyaktuk
  • Posts 4,205
  • Votes 4,153
Quote from @Paul Cataldo:

Hey BP folks!  

I bought a single in 2020 for 175k (almost doubled in value since) and a condo a year later (50k equity built).  

I'm self employed, my DTI is gonna scare away any bank and my liquid capital is minimal. Where do you go from here? Is it time to scale? Cashflow is good on the single (1200/mo) and ok on the condo (400/mo).

Was thinking of building an arbitrage portfolio and putting all profits in a side account to pursue DSCR loans on semi rehab properties but its such a long game.

Am I missing the obvious?  Scale into commercial?  Hold and be happy with where I’m at?? 

We need to know what your goals are to best direct you. Then a lot depends on your total picture. How much capital you have to work with, how much you have to work with on a yearly basis, if you are willing to look at creative finance, what markets you want to invest in and so on. We can help you sort that out, but that's where it begins.

Post: Tips on How to Avoid an IRS Audit

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  • Investor
  • Scottsdale Austin Tuktoyaktuk
  • Posts 4,205
  • Votes 4,153
Quote from @Julio Gonzalez:

When most of us think of having the IRS audit us, we get anxious. Audits can be very expensive, invasive and ultimately time consuming. Some audits are inevitable. However, there are multiple preventative measures that can be implemented to reduce the risk of being selected for an audit.

Here are my top 6 tips to consider as we head into tax season!

  1. Report all income

Failing to report all of your income to the IRS can trigger an audit and is a common mistake among taxpayers. The IRS will compare what you put on your tax return to the income they have on file for you. This makes it very easy to detect a difference. Be sure to include all the forms you receive including 1099s, W-2s, K-1s, and any income from work such as investments, side hustles or freelance work.

  1. Keep accurate records

Keeping up-to-date and organized tax records is a huge benefit to you as well as essential to avoid getting audited. And also essential in the event that you do get audited! If your records show transparency in your financial transactions and are comprehensive, the IRS is unlikely to select you for audit.

  1. Avoid abnormalities

Abnormalities can be a red flag for the IRS. Your year over year changes should be explained and reasonable so that your tax returns are fairly consistent each year. Avoid high deductions for incomes that are not typical for your profession - rapidly increasing income or unusually low or high income.

  1. Don’t claim unsubstantiated deductions

This can be another red flag for the IRS. Do not try to claim deductions to reduce your tax liability that you are not actually eligible to claim. All deductions must be accurate and you must have the supporting evidence such as invoices, receipts or other documentation that supports the deduction.

  1. E-file rather than mailing

This can help you reduce calculation errors, processing time and is proof that you filed your return on time. Additionally, when e-filing, you are typically provided with status tracking to know if your return has been accepted, when to expect refunds or if anything was wrong with your tax return.

  1. Accept help from professionals

If you are unsure of any tax regulations and issues, don’t be afraid to ask a professional. You want to ensure your tax return is as accurate as possible and tax professionals will have a very in-depth understanding of the different compliance rules with the tax code and can help you with compliance, tax planning and advisory services. Some professionals can even help you increase your knowledge and understanding of taxes by giving training on policies and procedures or other tax matters.

Like I said before, it’s impossible to completely avoid audits, however your focus should be to provide accuracy, honesty and transparency in your tax return. Utilizing the tips above should go a long way in helping you reduce your risk of audit. The best way to avoid an IRS audit is to be transparent and stay compliant!

Good info but I disagree with "E-file rather than mailing". In an E-File, their algorithm can quickly process to see if there are any anomalies. By submitting on paper, it has to be entered by someone and they are way behind in entering returns. 

So, they audit the ones they have access to and that fills up their workload and keeps them plenty busy. I submitted a request for an amended return by paper for 2019 in Feb of 2023 (submitted in time) and I'm still waiting on them a year later. 

The IRS dot gov website shows they received it but have not gotten to it yet. Maybe their destroying 30,000,000 documents had something to do with it but it may not be this decade when I hear from them. ;-)