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All Forum Posts by: Patrick K.

Patrick K. has started 24 posts and replied 41 times.

Hey Mike. These are some very valuable information. I have been watching Pace Morby these days and these definitely gave me soemthing to think about. 

Would you share some thought on the prevention measure on some of the items you mentioned? 

Specifically items 4,5,8,9,11

Thank you 

Post: regarding subject to financing.

Patrick K.Posted
  • Posts 42
  • Votes 19

Hi all, I have been watching a lot of Pace Morby's videos these days. He is an advocate of subject-to financing to purchase properties. 

In all the videos I have watched, he talked about all the up-side of subject-to financing. but the downside is rarely discussed. I thought I could use BP's collective brain power to help educate myself further on this subject. For all questions below, it is assumed I am the buyer, who wants to assume the seller's loan and take the title of their properties. 

The pinkest elephant in the room is what happens when I as an investor default on the loan payment. I understand the ownership goes back to the original seller. However, if this is during an economic downturn when default would likely happen, there might be no equity in the house for the original seller, and I can't see how a seller would be comfortable being ultimately responsible for a mortgage that might last 20-30 years. It felt like a glorified rent-to-own agreement. 


Any thought would be appreciated. 

Quote from @Nathan Grabau:

I have a bank account for each LLC that I have. I then keep a ledger through quicken associated with each of the different properties I own. What are you expecting your accountant to do? 100% of your books or just taxes? I maybe spend1-2 hours a month keeping track of my books for my 12 doors across 4 properties, I would encourage anyone who wants to keep better control of their finances at the beginning of their investing journey to use the accountant as a consultant on how to do their books, but then track their books on their own.


 He charges me hourly for bookkeeping. So the easier I make it for him, the cheaper. My problem with 1 account for multiple doors is that when the utilities bill come in, electricity/gas/garbage/water/tax/insurance * the number of property you have, is just too much. Please you can't really tell from the bank account which bill belongs to which door, and you have to cross-reference to statements, which may or may not get lost in the mail. I'm thinking just 1 account each door. so when the gas bill comes in for property 1, I can catogorize it from the bank statement alone without refering to the bills. 

Do you have everything flow in and out of a single account and let accountant does his thing? 

or you set up one new account for each property you own. 

or is there an even better method? 

I want to keep a more accurate monthly financial statement, but not sure what the best setup is for both me and my accountant. 

Hi all, 

just thinking if it would be possible to somehow utilize the equity in a home to pay for extensive reconstruction, i.e. tear down and rebuild?

I understand lenders usually require a full payout before the construction begins. so basically I have to go into the project with no mortgage on the house + a construction loan?

Is this accurate? 

thank you for your time.

Quote from @Scott Mac:
Quote from @Patrick K.:

.... Mr. Greene mentioning whenever he gets into a project with a partner, he prefers a "loan partner" rather than an equity partner... 

 Hi Patrick,

I'm not going to address the question directly because I have no idea Mr. Green means exactly, maybe you could call him and ask (???)

What I will do is give you an illustrative story, and maybe you can bring your knowledge up a little.

Big Apartments LLC - a manager managed LLC with two members.

Member #1 is You (Patrick), the Manager (and also a Member), you have put $500 into the LLC and own 50 Membership Units (a 50% owner).

Member #2 is your brother in-law (lets call him Richard Smith) he is not the manager (although he could be a co-manager but is not because that's the way you two want it).

Richard has also put $500 into the LLC and own 50 Membership Units (a 50% owner).

You two guys are 50/50 owners of Big Apartments LLC, evidenced by your Membership Certificates (which look a little like old fashioned stock certificates but are not stock shares).

The company has $1,000 in the kitty and since Richard won at Poker last night he's flush with cash, $1,000.

You and Richard agree that he can lend the LLC $1,000 (that's in addition to his already put in $500).

Since this is only a loan it does not effect his ownership percentage of the company. He is still a 50% owner.

So you guys have $2,000 in the kitty now, but that's not enough to do a deal. You need $1,000 more for that.

So your Uncle Max from Empire City believes you guys have tiger by the tail as far as making money goes and lends the LLC $1,000.

Uncle Max is not a owner of the LLC just a lender to it. Your and Richards ownership percentage does not change. It's still 50/50.

So you buy a fixer for $6,000 with $3,000 down and borrow the needed $3,000 plus the $1,000 fixup money from a bank (total $4,000 borrowed from a bank).

The LLC takes ownership of the property (not you nor Richard own the property, you guys only own a percentage of the LLC each of an LLC that owns the property).

The Bank then is a lender to the LLC similar to the way Uncle Max is a lender, except the bank will be able to foreclose on the property, and Uncle Max may, or may not be able to (depending on how he set it up).

The bank is not an owner of the LLC or the property (unless they foreclose on the porperty and take it for non-payment of the loan by the LLC).

=============

In writing the LLC owner is refereed to as a Member (in many instances).

Partner is sometimes used loosely for LLC Member.

General Partner is sometimes used loosely for LLC Manager.

an Equity Partner (equity meaning a percentage owner of the LLC, might be what he means (???)

a Loan Partner (see above, but maybe Mr. Green means something different (???).
=============

The Partner and General Partner verbiage applies to Limited Partnerships which are rarely done these days.

The laws make LLC s preferred vehicle for many transactions.

But loosely used they do describe the way an LLC can be set up to operate.

==============

Now you have a little bit of information, and a little bit of information can be dangerous.

It's like you have heard there is good skiing at Aspen but have never skied.

Without the more knowledge of skiing if you just go out and jump on ski run you will probably crash pretty quickly and injure yourself.

[[[SO]]]

It's smart to always work with an attorney when setting up LLC's ....

===================

A Book to learn some of the very BASICS of this stuff:

https://store.nolo.com/products/your-limited-liability-company-lop.html

It is  smart to rely on a Attorney for this stuff!

Good Luck!


 Scott, Thank you for the incredibly detailed yet easily understand examples. I felt I'm ready for Aspen ,,, with a lawyer behind me. ha. 

Quote from @Steven Goldman:
Quote from @Patrick K.:

Hi all, have been binging on BP podcast these days, I keep hearing Mr. Greene mentioning whenever he gets into a project with a partner, he prefers a "loan partner" rather than an equity partner. 

I am wondering how does one set up this partnership?

By creating a operating agreement showing the interests of the parties. You can have a capital partner who can contribute the money and a operating partner whose contribution is the running the day to day operations of the business. In the operaitng agreement you adjust membership shares to reflect the agreement you reach.

Is there any difference between a "loan partner" and a private lender

Yes, a private lender lends you their own funds in exchange for a mortgage. A loan partner takes a position in the LLC. or entity.

Is the "loan" registered against the property?

We advise our borrower to structure the relationship as a membership agreement with a buyout at the end of the project. Some private lenders will take a note only and then record the note if you default.  

if so, will it interfere with getting a mortgage? assuming a lender doesn't like/allow a second mortgage?

Yes, but not if you structure it as a LLC membership agreement. 

Good luck.

Thank you everyone for your replies! 

Hi Steven, thanks for the detailed answers. 

If I understand correctly, a loan partner is generally a regular partner in an LLC that comes with a buyout agreement at the end of a project. In the eye of an institutional lender, they just see the cash in the account as the LLC's asset, and they will be the only lender to the LLC.

My follow-up question: from a loan partner's point of view, his position is risky, since his upside is capped by the buyout agreement, but shares the same downside as an equity partner if, for example, the other partner is unable to execute the buyout agreement when the time comes. How is the loan partner protected in the case?

Quote from @Jay Hinrichs:

Answer is we dont have to  ..  we get full price.

And the deposit sits in escrow until it closes we dont get an advance..  that would be very foolish of a buyer to do that.

what your getting at is this.

Banks require pre sales to make new loans.. Like my bank will only give me 12 spec loans up front and for every pre sale they will give me another loan so if I want to build and sell 30 homes this year I can spec 12 but need to have at least 10 or more pre sold so i can keep my loans coming  .. this is why builders pre sale  its not a cash flow issue and not sure where they discount prices they may say its a discount but in reality its just what the market will pay at the time.

but its the reverse folks going into contract are finding that 6 to 10 months later the house is worth more than they contracted for and some builders are not honoring the sale or have a wiggle out and are raising the price all of the former are happening .. now with rates changing you may see some more motivation by builders to settle in on pricing and preselling.


 Thank you Jay for the detailed answers, definitely clear things up for me. 

If I understand it correctly the bank will consider a pre-sold, still under construction, property "secured", thus willing to continue the loan for further projects?

Hi all, I am curious on why do RA developers want to sell pre-construction units at a discount? 

I understand in some regions, developers must pre-sell a certain percentage of their units before they can start the construction. What about in areas that do not have such requirements. My laymen's guess is that they need the deposit from the pre-sale for the equity portion (usually 25%) of their construction loan? Is that the case? If so theoretically, other than the initial building permit and design soft cost, a developer can utilize the end purchasers' cash for equity and not put in a dime of their own money? 

Thank you for your time.