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All Forum Posts by: Nicholas Creahan

Nicholas Creahan has started 10 posts and replied 19 times.

Post: Can I 1031?

Nicholas CreahanPosted
  • Posts 19
  • Votes 10
Quote from @Kenneth Donaghy:

@Nicholas Creahan looks like you are getting good advice, and you were trying to combine the two options. Do you want to transfer that 300k of equity into another investment property? Or do you want to use some for other reasons? 


It would be for another investment property. am not too fond of the fact that my HOA is damn near 400 a month. If I can move that to another property or two, that would be ideal! I see you are a Broker in SD, so I will send you a PM. Thank you!

Post: Can I 1031?

Nicholas CreahanPosted
  • Posts 19
  • Votes 10
Quote from @Lauren Speidel:

@Nicholas Creahan Have you been filing a joint tax return with your spouse? If so, then she may already be considered an owner of the property. So, when you purchase your replacement property you can purchase in your name or both of your names since CA is a community property state. I would definitely consult with your tax advisor to make sure that you didn't have an agreement prior to marriage, or you chose to report the property specifically as your asset, either one of those could change this situation.

With that being said, there is currently no limit to how much you can defer in a 1031 Exchange. You could defer all of your tax liability with a 1031. With a primary residence, a married couple who has lived in the property 24 out of the past 60 months can exclude 500k of gain from their income. 


 Lauren, thank you so much for your thoughtful and informative response. This is beyond insightful, I will definitely consult my tax guy! 

Post: Can I 1031?

Nicholas CreahanPosted
  • Posts 19
  • Votes 10

I bought it under VA years ago. We met out there and I have not lived there in over 7 years, so that exemption does not apply to us. That would make things a bit easier haha. Are there limits to the amount you can 1031 or am I thinking of the tax exemption of selling a primary residence with those numbers?

Post: Can I 1031?

Nicholas CreahanPosted
  • Posts 19
  • Votes 10

Hey all, I am not looking for legal advice, but just general information. I own a condo in San Diego with about 300k of equity in it. I bought this as a primary residence years and years ago, before I met my now wife. I am wondering if we were to sell, does her name need to be on the title of the home so we can use the 1031 amount of transferring up to 500k as a married couple even though she is not on the title or deed? I do not mind adding her to the deed, because the juice is definitely worth the squeeze, but is this allowable? 

Cheers,

Nick

Post: Novation Clause Question

Nicholas CreahanPosted
  • Posts 19
  • Votes 10
Quote from @Nicholas L.:

there's no way to answer this without seeing the contract in its entirety.

are you working with a realtor or are you selling yourself? 

I have a realtor. And a lawyer. Yeah I know it’s all dependent on the wording and stuff. Do you have any experience with this type of clause though? It seems like a newer term haha

Post: Novation Clause Question

Nicholas CreahanPosted
  • Posts 19
  • Votes 10

Hey BP community. 

I am selling a small multi family in Cleveland and I got the purchaser agreement from my realtor and there is a “Novation Clause”. I’m not sure what that is… I did some mild research and I’m unclear how it differs from an assignment in wholesaling? I have a lawyer that I’ll pass stuff through, but wanted to ask here as well. Questions I have regarding moving forward: what are the risks of me agreeing with this clause? If they put into contract, can they back out if they cannot find a buyer? They said they are purchasing, but then the agreement states they can change the contract if both parties agree. Just confused, thanks! 

Post: Subject 2/ Sub2

Nicholas CreahanPosted
  • Posts 19
  • Votes 10

Hey all, I need some advice. I bought a small multi family about a year and a half ago. I am wanting to sell to buy closer to home. I have a buyer wanting to buy the property subject to my existing loan. I understand the concept and I talked to a lawyer for advice. It seems the two options are: 

-Land trust

-title/ deed transfer

With the title transfer, I fear of the Due on Sale Clause. With the land trust, it’s not as inciting to the investor since it doesn’t necessarily give him ownership, which I understand his view point. Has anyone had any mortgage company exercise the due on sale clause or am I overreacting? It just seems as a seller I definitely take more of the risk of selling in the chance that the buyer defaults. Thanks for any information. 


Post: Triplex financing options

Nicholas CreahanPosted
  • Posts 19
  • Votes 10

Hey community. I have a deal I need some clarification on financing options. As it sits, it is a triplex with an oversized garage. Am I able to finance with VA/FHA while fixing up the garage and then at the year mark renting out the garage conversion with STR? I know there is an understanding having it be your primary residence. Thanks.

Nick

Post: Do tenants really get their own appliances?

Nicholas CreahanPosted
  • Posts 19
  • Votes 10
Quote from @James Wise:
Quote from @Nicholas Creahan:
Quote from @Nathan Gesner:

It sounds like the exact opposite is happening. The tenants are renting the appliances, so if the landlord is charging market rate then he's actually making more money.

this is not typical. Most rentals will include the kitchen appliances. If washer dryer hookups are available, it's probably a 50/50 split as to whether the landlord provides them or the tenant has to bring their own. 

I have heard of the washer and dryer situation before! But not the kitchen appliances. I just wanted to make sure I wasn’t missing something, I found it weird. Thank you for your input. The rents are below market value however, so I am sure he is missing out on some revenue.  

 Very common in the Cleveland area for the tenants to supply their own appliances.


Really? My realtor told me that, and not that I don’t believe him, I was just confused. Do you know why that is? Thanks for your input!  

Post: Do tenants really get their own appliances?

Nicholas CreahanPosted
  • Posts 19
  • Votes 10
Quote from @Theresa Harris:

Congrats on the house.  Whether appliances come with the house seems to vary by location when buying.  As for tenants, I'd rather have my own appliances in the home to avoid having them move them in and out every time there is a turnover.  I do have tenants at one place where they wanted to have their own washer and drier (the drier in the unit was in the process of being replaced) and stove. It was a pain to move the stove and washer, but I still charged them full rent.

Thank you for your input. Yeah I will get appliances, I’m getting at a good deal, but just wanted to hear some second and third opinions! I appreciate it!