Originally posted by Jeff S:
Where did you get the idea you could use your retirement account as collateral for a loan? Did a lawyer review your documents? I don’t know your details, but retirement plans cannot generally be attached by creditors.
Actually my balance sheet was attached as an addendum to the Fannie Mae 1003 Loan apps the private lenders required
since the Money Markets/CDs/non-qualified retirement account balances barely exceeded the loans outstanding on the first four properties,
I assumed the Roth and the IRA LLC balances were the reasons loans were extended on the last four SFH. A real estate attorney reviewed the mortgage and purchase contract, but you are correct that no attorney has specifically said, and the contracts did not stipulate that my retirement accounts were pledged as collateral, just my personal guarantee of the loans.
I would not ever sign a cross-collateralization agreement putting multiple properties at risk, after incurring the costs of putting each in a separate LLC to separate liabilities.
We wanted to stop borrowing with personal guarantees, as the debt side of the balance sheet is getting scarily high, even though each property has positive cash-flow w/a 10% emergency fund set aside for emergencies, repairs etc.
But mostly we want to get out of SFH & upgrade to purchasing medium-sized apartments.
So guess it's time to sit down with a good real estate syndication/SEC attorney.