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All Forum Posts by: Mitch Messer

Mitch Messer has started 80 posts and replied 2142 times.

Post: Can a Husband and Wife with Separate IRAs Both Lend on the Same Property? If So, How?

Mitch MesserPosted
  • Lender
  • San Miguel de Allende, México
  • Posts 2,293
  • Votes 1,823
Quote from @Dmitriy Fomichenko:

@Mitch Messer,

Yes, this is possible, but it must be structured correctly to comply with the IRS rules.

A first and a second lien? ABSOLUTELY NOT! This will create a conflict of interest and will be considered a prohibited transaction. The only way to accommodate this is to have two lenders on a single loan. 


Thank you for your response!

I hear you and I fully accept it.

I'm just having trouble seeing how both lenders on one loan is fine and yet a first-and second structure is a conflict of interest.

What's the fundamental principle I am missing here?

I'm sincerely asking.

Post: Can a Husband and Wife with Separate IRAs Both Lend on the Same Property? If So, How?

Mitch MesserPosted
  • Lender
  • San Miguel de Allende, México
  • Posts 2,293
  • Votes 1,823
Quote from @Greg Scott:

With an SDIRA, you can buy a bond.  That is the same thing as making a loan.  Each account could go by some T-Bills.  That means both SDIRA holders would be lending to the same entity, the US Government.  I don't see how having both SDIRAs lend on the same project could be prohibited.

Regarding your second question, a shared co-loan seems a very bad idea and would likely be prohibited.  You have to treat the SDIRA like it is a separate, unrelated person.  Co-mingling the investments could create major problems.

Thank you for taking time to respond! 

Yes, this was my initial reaction to the co-loan structure as well, but it appears doing so is actually the SAFEST solution.

Who knew? (Well, I guess @Dmitriy Fomichenko, @Brett Synicky and @Jay Hinrichs did, technically!)  

Post: Can a Husband and Wife with Separate IRAs Both Lend on the Same Property? If So, How?

Mitch MesserPosted
  • Lender
  • San Miguel de Allende, México
  • Posts 2,293
  • Votes 1,823

We've got an interesting private lending situation:

- Husband and wife, each with their own checkbook SDIRAs, want to lend on the same real estate deal.

- Borrower needs $100K.

- Each spouse can lend $50K.

First question: Is this even allowed?

Second question: If allowed, what's the best structure? A first and a second lien? A single shared co-loan? Something else?

I'm asking because the guidance we're getting from their IRA custodian sounds questionable. We'd like a second opinion.

Has anyone here done something like this?

Any advice and/or insight would be greatly appreciated!

Thanks in advance!

Post: "If They Can't Close in Two Weeks or Less, They're Not a Private Lender."

Mitch MesserPosted
  • Lender
  • San Miguel de Allende, México
  • Posts 2,293
  • Votes 1,823
Quote from @Mike Klarman:

Not really.  I've dealt with many private lenders.  They have their process.  It's not like, "You need 100k?  Tell me where to send it."  There's still due diligence to be done on the part of the lender.  Are they not looking into the property or borrower?

Everyone advertises the 7 day close and then the fine print it reads a ton of disclaimers on title, insurance, what have you.


This kinda proves my point. The folks I'm calling private lenders don't advertise. They don't have fine print. They don't need disclaimers.

Anyone who has all of that probably isn't a private individual lending their own money.

And, if your lenders did take longer than two weeks to close, what exactly were they doing for all that time?

What single individual lender needs more than two weeks for "due diligence?" (Assuming they're not flying out to the property to inspect it.)

You look at the deal. Check out the scope of work. Certainly, vet the borrower. Verify the comps and the ARV. Review the photos. Check references.

Even if you have to pull credit, this all won't take more than a few days, at most.

Meanwhile, is the title clean? Are the loan documents accurate and complete? Are we on the insurance policy as a lender?

Then, let's close!

The big national hard-money lenders aren't slower because they are so much more thorough and careful than a private individual.

They're slower because they've got a HUGE inefficient organization with hundreds (thousands?) of employees requiring tons of coordination and cooperation.

And, that's totally fine!

But, these Big Guys are NOT doing private lending.

Post: "If They Can't Close in Two Weeks or Less, They're Not a Private Lender."

Mitch MesserPosted
  • Lender
  • San Miguel de Allende, México
  • Posts 2,293
  • Votes 1,823
Quote from @Mike Klarman:

Quick closings is usually a trait of the PML.  But again, it really depends on the definition of Private Money.  All the Hard Money Outfits are individuals who raised capital to lend it out.  Private Money?  Hard Money?  Someone cashes out of their 401k and lends the money to a RE investor, insanity, but let's say they do.  I guess that's more along the lines of what people are thinking of in terms of Private Money.

But, if you are dealing with a Private Money individual.  Do they know RE?  Do they know if your plan with this house is even feasible?  Do they know you're good for it?  Do they know the rates for Private Money?

People get too caught up with Coke or Pepsi.  They're very close no matter which one you prefer.

If you are someone building a team, you're in a market and been there for a few years making connections, watching the market, following deals, you now have your contractor, your agent, your wholesaler, your designer, having a private money guy in this scenario makes sense.  Someone you can build a relationship and grow with.

For any one-off deal, it really does not matter.


Oh, but I think it matters a LOT!

Transaction speed, fee transparency, and direct relationship are the defining hallmarks of working with a private lender.

And, you won't be getting any of that from a bank or a hard-money lending operation!

That's fine: I'm not saying private money is inherently better.

I'm just asserting that private money is different in many important ways!

It's not Coke vs Pepsi: It's Mad Dog 20/20 vs. Dom Pérignon Champagne! 😁

Post: "If They Can't Close in Two Weeks or Less, They're Not a Private Lender."

Mitch MesserPosted
  • Lender
  • San Miguel de Allende, México
  • Posts 2,293
  • Votes 1,823

@Erik Estrada I don't disagree that there are lenders who pool money to work with investors, particularly for larger deals.

But, that's not the kind of arrangement that most real estate operators I talk to are seeking.

A small-time investor, looking to fund a deal for under $250K, isn't going to be very interesting to these types of lenders, anyway.

Lumping everyone together as a "private lender" is unnecessary and confusing.

If it's a private credit fund, let's call it that. But that's not private lending.

If it's a syndicated loan, let's call it that. But that's also not private lending.

If it's a major national hard-money lending operation, that's not private lending!

When one single private individual is lending their own money to an investor, I'm just proposing we call that person a private lender.

And, that person doesn't need 30 days to fund a closing.

Post: "If They Can't Close in Two Weeks or Less, They're Not a Private Lender."

Mitch MesserPosted
  • Lender
  • San Miguel de Allende, México
  • Posts 2,293
  • Votes 1,823

There's been some confusion about who qualifies as a private lender versus a hard money lender.

Let me make this SUPER easy.

1️⃣ Private lenders have people names, like Mary, Robert, Maxwell, or Sara.

There's only ONE decision-maker, and the person who talks to you is the SAME person who decides whether to lend you the money.

If your loan contact ever uses the phrase "underwriting committee" you're NOT dealing with a private lender.

2️⃣ Private lenders don't need a month to fund your deal. Once they say "Yes" they just need clean title and prepared loan documents.

If you're contact can't close in two weeks or less, they're NOT a private lender. (Assuming we're not talking million-dollar loans.)

3️⃣ After you close, if you never hear from your contact again, and someone else takes over, you are NOT working with a private lender.

Private lenders stay personally involved until you pay them back their money.

Because ... it's THEIR money!

Now, to be fair, I often hear GREAT things about operations like Lima One, Kiavi, and many others.

But, these are NOT private lenders. They are nationwide hard money lending operations.

#NotThatTheresAnythingWrongWithThat

#ButThereIsADifference

#TwoWeekRule

Post: Can Anyone Recommend a Great Texas Foreclosure Attorney?

Mitch MesserPosted
  • Lender
  • San Miguel de Allende, México
  • Posts 2,293
  • Votes 1,823

Looking for strong personal referrals for an experienced Texas foreclosure attorney.

We've got a couple of Beaumont investment properties with 1st-position trust deeds that are in default. Should be pretty straightforward, hopefully.

Please reply or send via DM or email me. My contact info is in my BP profile.

Thanks in advance!

Post: Looking for a Contractor in Central PA (Carlisle, Harrisburg, York, Lancaster)

Mitch MesserPosted
  • Lender
  • San Miguel de Allende, México
  • Posts 2,293
  • Votes 1,823
Quote from @Francis Obiozor:

I'm an investor located in Harrisburg, PA and currently looking for a contractor for an upcoming project. I’m planning to purchase a 2-to-4-unit multifamily long-term rental within the next 3-4 months and will need help with rehab work—potentially including everything from cosmetic updates to more involved renovations, depending on the property.

I'm specifically focused on properties in:

  • Cumberland County (Carlisle, Mechanicsburg, Camp Hill)
  • Harrisburg
  • York
  • Lancaster

If you have any recommendations or if you're a contractor in these areas, I’d love to connect!


Hey Francis, we've funded a bunch of deals in Harrisburg, so I may be able to help you there.

After all, we electrical engineers should look out for each other!

Post: Need Help Finding A Cash Buyer

Mitch MesserPosted
  • Lender
  • San Miguel de Allende, México
  • Posts 2,293
  • Votes 1,823
Quote from @Te'a Baptist:

I was always told that finding a cash buyer is the easiest step when it comes to wholesaling but I've been struggling to get in contact with any. For context I have an on market which I know not many investors are fond of but I'm hoping that I get lucky enough to dispo it anyway. Should I just cancel the contract or keep looking for a buyer and where do I find them? 

Finding a cash buyer is only easy in wholesaling if the deal makes good financial sense.

If you've put this "deal" in front of serious, active buyers, and none of them have jumped on it, then you've got a dud.

Is this a fix-and-flip, a buy-and-hold, or something else?

How did you determine that this would make your cash buyer money? How much would it make them?

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