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All Forum Posts by: Ryan Burlison

Ryan Burlison has started 7 posts and replied 19 times.

Post: Investor Agent- Not wasting time with writing up offers

Ryan Burlison
Pro Member
Posted
  • Posts 19
  • Votes 11

Morning Team- 

Any insight on how you are writing up your offers as investors? I have a really good agent that I like, but my fear is that I would waste her time with submitting offers that only will work within my #'s (mainly lowball offers).. I do not want to sit on the sidelines and just completely not offer either... 

Thank you, 

Post: LLC Advice- How to roll my two rentals into it?

Ryan Burlison
Pro Member
Posted
  • Posts 19
  • Votes 11
Quote from @Bill Schrimpf:
Quote from @Ryan Burlison:

Hello, 

I currently have two rental properties that are both under my personal name. I did open an LLC, and my plan is to roll both of the properties under the LLC. Where do I even begin, and what is the benefit of doing so?


Thank you very much for your help. 

Why did you open an LLC if you do not understand what it's for and how to use it?  What is your intention?  Maybe a trust is better for you, or just a good insurance policy.  

Your mortgage (note) probably has a due on sale clause. Technically, it may be exercised if the property transfers to another person or entity. Call your lender and talk to them. They most likely will not exercise that provision (as long as your current on payments) and you are honest on the front end, and they understand you control the LLC. They may want to see the operating agreement.

Most people use LLC's for asset protection, and secondarily for confidentiality. The strength of asset protection and confidentiality of LLC's varies wildly from state to state and how well your operating agreement is drafted. What is legal in Nevada (strong asset protection) may or may not be legal in Georgia. The pro's and con's of incorporating will be based on the laws where your property is located and where the LLC is registered.

An LLC can be a great tool, if you understand it and use it correctly. Otherwise, it's an added expense, more paperwork and won't work correctly when or if the time comes. Please consider hiring an attorney who is well versed in asset protection laws on your state.


 Morning Bill, 

My research showed that opening an LLC will separate me/my family from the rentals. One of our properties is an Airbnb. God forbid if something happened while a guest was staying at our condo, I wanted to create some separation. Let me know if this is accurate and is something I should do? I am not too concerned with our LTR, mainly STR getting rolled under it.


I am open to your feedback, and I appreciate your attention. 

Post: LLC Advice- How to roll my two rentals into it?

Ryan Burlison
Pro Member
Posted
  • Posts 19
  • Votes 11
Quote from @Jason Marino:

Hi Ryan,

As mentioned in the posts above, you can use an attorney or a title company to make a property transfer. Some things that you should consider when making the property transfer from yourself to an LLC would be whether a due on sale clause violation of your mortgage will occur, and whether a transfer tax or tax reassessment of the property will occur. Additionally, your LLC should have an Operating Agreement and an EIN. This will enable you to get a bank account for the LLC and make the entity fully operational.

Thank you Jason- 
This is the type of info I was looking for. I assume that the attorney would be able to drive this effort? 

Post: Using a HELOC to buy another investment property

Ryan Burlison
Pro Member
Posted
  • Posts 19
  • Votes 11

Hi team- 

I opened up a HELOC a few months ago and was able to grab $127K. I have two rentals at the moment, and I am trying to scale my portfolio at a rapid rate. 2 starter questions-

Q: How do I analyze the deal with knowing I will have a Heloc payment and a mortgage payment. Is their anything I need to be certain of? I also see that the repayment period, the monthly payment due on th heloc blows up. 

Q: How should I use the 127K? Put it all in on one deal? Or should I grab a smaller portion of it to get started... 

Thank you!

Post: LLC Advice- How to roll my two rentals into it?

Ryan Burlison
Pro Member
Posted
  • Posts 19
  • Votes 11
Quote from @Nathan Gesner:
Quote from @Ryan Burlison:

You could hire an attorney, but you can also do it yourself. Go to the County office and ask them for the format. You can type up the Quit Claim Deed yourself and then turn it in. If you have loans on the property, be sure to talk to your lender and verify this will not cause any problems with them.

Here's a basic summary of LLCs:

An LLC is useful for two things: anonymity and legal protection. In most cases, neither is warranted.

Warning: I am not an attorney and this can be a complicated topic. Please note the information provided below is a layman's definition designed to provide a basic understanding for the general audience. You should consult an attorney or CPA for your specific situation.

ANONYMITY: When you create the LLC, your name is recorded on the documents and published on the Secretary of State website for all to see. So you're not completely anonymous. If you want to be completely anonymous, you can use a Registered Agent. The Registered Agent will record the documents on your behalf so only their name and information appears on the documents. I've done this with my properties because I'm well known in my small town and don't want people to know what I own.

LEGAL PROTECTION: By placing your assets in an LLC, you are legally separating them from your personal assets. If someone injures themselves and sues, they will be suing the LLC and not you personally. If your insurance coverage isn't enough, they could seize the LLC assets, but not your personal assets.

Additional thoughts:

1. An LLC is not free. You can spend as little as $100 to form an LLC, or you could use an attorney and spend $1,000 or more. There are also additional costs of operating and maintaining an LLC, like separate bank accounts, annual report filings, tax filings, etc.

2. There are rules to follow! If you fail to follow the rules, you may open your personal assets to a lawsuit. An example of this would be mixing your personal money and LLC money in the same bank account.

3. You do not need a separate LLC for each property or a series LLC! Don't make your life more complicated than it has to be. Most professionals will recommend a separate LLC for every $1 million in assets but I don't think that's necessary. In my case, I have residential rentals in one LLC, commercial properties in another, self storage in a third, and my real estate company operates in a fourth. Some have more than $1 million in equity while others have less.

4. The need for an LLC is grossly exaggerated on BiggerPockets and other websites. Have you ever heard of a Landlord being sued by a Tenant and losing property? I've been on this board since 2010 and haven't found an example yet. You've probably heard of big Landlords losing property, but only because they were flagrantly violating Fair Housing, running a slum, or otherwise violating the law in an egregious manner. You are more likely to be struck by lightning twice. The vast majority of lawsuits against Landlords are for wrongful eviction, security deposit disputes, and Fair Housing Violations. Your basic insurance policy with $300,000 in liability coverage should be sufficient in 99.999% of all lawsuits.

5. The best protection for you and your investments? Know and obey the law. I manage around 400 rentals with 12 years experience and have never been sued once. Even if I were sued, I document everything and obey the law, so I won't be found guilty. Even if I were found guilty, the cost would be in the thousands, not in the millions. Insurance would cover it, I would pay the deductible, and no assets would be lost.

If you are in an area like San Diego where people are more likely to sue, a judge is more likely to find you guilty, and the payout is likely to be higher, then you may consider an umbrella insurance policy. This policy will provide additional coverage above what your existing policy covers. It's easy to obtain, costs very little, and doesn't require additional, on-going effort to maintain.


 Thanks Nathan, this helps me out big time!

Post: Athens Condo, AirBNB

Ryan Burlison
Pro Member
Posted
  • Posts 19
  • Votes 11
Quote from @Tyler Solomon:

Ryan - congrats on this! who was the agent you used on this deal?


 Thanks Tyler! We used:

Allie Greenstein

Keller Williams Realty Consultants - Roswell

Post: Athens Condo, AirBNB

Ryan Burlison
Pro Member
Posted
  • Posts 19
  • Votes 11
Quote from @Jay Hurst:
Quote from @Ryan Burlison:

Investment Info:

Condo other investment.

Purchase price: $185,000
Cash invested: $90,000

Condo 1mi from DT Athens. We have been renting it out, but will be going live with our AirBNB in January.

What made you interested in investing in this type of deal?

AirBNB opportunity

How did you find this deal and how did you negotiate it?

mls, used an agent

How did you finance this deal?

own capital

How did you add value to the deal?

no value added yet

Lessons learned? Challenges?

on the next deal, I want to get better at creative financing. Since this is our first airbnb try, I wanted to use our own money for the investment.

Did you work with any real estate professionals (agents, lenders, etc.) that you'd recommend to others?

Yes

 @Ryan Burlison   You mention wanting to get better at creative financing , well you still have a chance on this project. Just assuming it is worth 275k (as a likely worst case)  today you could pull back out 200k+ cash from this property to help fund the next one. 


 Thanks Jay. We just bought it a few months back. My gut tells me is that we bought at the height of its ceiling, BUT their is a chance it can appraise for more down the road... I appreciate the help and guidance!

Post: LLC Advice- How to roll my two rentals into it?

Ryan Burlison
Pro Member
Posted
  • Posts 19
  • Votes 11

Hello, 

I currently have two rental properties that are both under my personal name. I did open an LLC, and my plan is to roll both of the properties under the LLC. Where do I even begin, and what is the benefit of doing so?


Thank you very much for your help. 

Post: Athens Condo, AirBNB

Ryan Burlison
Pro Member
Posted
  • Posts 19
  • Votes 11

Investment Info:

Condo other investment.

Purchase price: $185,000
Cash invested: $90,000

Condo 1mi from DT Athens. We have been renting it out, but will be going live with our AirBNB in January.

What made you interested in investing in this type of deal?

AirBNB opportunity

How did you find this deal and how did you negotiate it?

mls, used an agent

How did you finance this deal?

own capital

How did you add value to the deal?

no value added yet

Lessons learned? Challenges?

on the next deal, I want to get better at creative financing. Since this is our first airbnb try, I wanted to use our own money for the investment.

Did you work with any real estate professionals (agents, lenders, etc.) that you'd recommend to others?

Yes