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All Forum Posts by: Scott Trench

Scott Trench has started 151 posts and replied 2469 times.

Post: Syndicator Threatens LPs for Negative Comment about them On BP

Scott Trench
Pro Member
Posted
  • President of BiggerPockets
  • Denver, CO
  • Posts 2,611
  • Votes 5,666
Quote from @Cheryl Abram:
Quote from @Scott Trench:

I don't know who needs to read this, but I feel it needs to be posted, publicly.

 Recently the following happened:

- BP Member posts negative statement about syndicator to these forums, involving lost money, poor communication, etc.

- Syndicator is radio silent, apparently pretending not to notice dozens or hundreds of discussions about their business. Syndicator does not respond to thread.

- Syndicator intimidates investor (who just lost tens or hundreds of thousands of dollars investing with said syndicator) with legal threat

- Terrified LP, already having lost money, now is scared that wealthy syndicator could ruin them, and asks me to remove the forum post discussing the company

While I am in no position to verify the truth or falsity of claims made on these forums by LPs or GPs, to me, it seems like a special hell is emerging for investors where the following reality is possible:

- Invest tens or hundreds of thousands of dollars with a syndicator

- Lose all or most of this investment

- Get ghosted/poor communication from sponsor

- When they complain or ask for help, get threatened with legal action

I told the person with the original post the following: 

- Name the syndicator, and I will publicly call them out for their threat, if they confirm who it is. I will invite the syndicator to confirm or deny the threat publicly. The member who messaged me has not confirmed who it was and named two people in their post. Otherwise, I'd be naming them right now.

- If the syndicator actually sues this member, we will make the litigation a headline issue in every major BiggerPockets content channel, including YouTube, Blog, Podcast, and these forums. We will cover the story in detail, with regular updates, through to resolution. 

After all, Investors need to know which sponsors sue their own investors after allegedly losing their money and ghosting them.

- If the OP is lying, we will expose that and call out the syndicator's innocence, of course.

- If the OP is generally telling the truth, we will expose the syndicator's performance and behavior in threatening and suing their own investor as far and wide as we possibly can. We will evaluate their portfolio, estimating the purchase price and current value of every deal they've done from the beginning of time. We will research occupancy rates, and report on outcomes.

I am disgusted by the accusation, if true, made by this recent member, and while this is the most egregious situation to date, it's part of a disturbing pattern. The power dynamic between GP and LP is out of control. I have received multiple DMs from terrified members intimidated by wealthy sponsors, asking them to pull down their forum posts, even though they claim they posted truthful information.

We will rectify that power dynamic. 

Maybe some GPs can intimidate their own LPs in private. But, not here on BiggerPockets. If you do that, we will come after you.

Syndicators - by all means, defend your reputation and set the record straight. If someone says something untrue about your business, respond and tell us what's really going on. 

But, be warned, GPs - if you threaten your LPs for posting generally accurate negative stuff about you on BiggerPockets, we will make a public example of you for all to see.

Hi Scott, thanks for starting this thread. This happened to me recently. I invested two deals with Djuric Family Office (DFO) also know as Blake Capital Group. When the first deal failed I turned to BP to get answers to questions I had that were not being answered by DFO and share my experience with other LPs.

Within a few days I received an email DFO stating:

"I will be sending you a legal letter in the mail and email tomorrow regarding your false and misleading internet comments."

To date no letter has been received.

The second deal just failed with complete loss of all investments. I'll be updating my experience on BP, so who knows what will happen next.



 Cheryl - I am facing a VERY interesting situation (not with Djuric family office / Blake Capital Group but with another sponsor). 

Basically, it is clear that this sponsor lost all of their investor's money, and multiple investors claim that the sponsor lost their money, ghosted them, and behaved inappropriately. 

But, none of them are willing to discuss the matter on the record. We put a journalist on a particular story, and no source is willing to discuss the situation publicly. 

To me, THAT is the story. LPs who feel mistreated/robbed/lied to are too scared to say anything

You are an extremely rare breed in being willing to discuss a sponsor in a negatively light publicly. 

How do we change this dynamic? We want people to discuss sponsors like they'd discuss plumbers - the good, the bad, and the ugly, with 5 star ratings. 

The only place we can get some semblance of this is on PassivePockets.com, where some sponsors are reviewed by LPs behind an LP-only wall. 

Why do you think folks are so afraid to speak up?

Post: Purchasing a small Office Building

Scott Trench
Pro Member
Posted
  • President of BiggerPockets
  • Denver, CO
  • Posts 2,611
  • Votes 5,666

Hi Folks - I am fishing for more advice from the experts in the forums here. 

I am getting increasingly serious about purchasing an office building here in Denver in the next few months. 

My rationale: 

- Office is essentially not trading right now on the market. The locations I am looking at (suburbs reasonably far from downtown and the Tech Center) have seen total transactions in the last year. There's a lot for sale as well, and a lot for lease. It's just not moving at all. I like this. I think that this is the "blood in the water" thing that investors talk about. 

- The examples have incredibly good math on paper. I believe that the spaces I am looking at would rent for $25-$30 per sqft. On a 4,650 sqft property listed at $1.1M, that's $116K - $140K per year in Gross Rents, and after NNNs, I believe I'm looking at a 10-12% Cap Rate on asking price. The property has been sitting for months. There are many like it. 

- Even if it takes me 6 months to find a tenant at $25/sqft + NNNs, I would still generate more NOI in year 1 than on a multifamily property with similar square footage. Even if I have to wait 6 months and spend $50K on a different buildout, I'm still doing better by month 15.

- I believe that companies and the economy as a whole have begun a long-term shift towards back to in-office. And, that this return to office will manifest itself first in suburban areas with relatively less competition and shorter commutes for local workers, and that re-absorption of inventory will take a lot of time in urban areas with tons of vacancies. Thus, I am interested in suburban space near major cities, not the downtown inventory that is trading for pennies on the dollar, but often involve massive office complexes that will have huge holding costs until they get leased up. 

I'd love to get beat up on this thesis. My worry is that while I am clear on the risks (extended timeline to get a tenant in, and expensive buildout) that I am not being nearly conservative enough - do I risk this thing sitting empty for a year, or years, and finally renting well below my implied rate? 

The market just has so little volume that it's hard to tell what's realistic or not in the near-term. 

But, this smells like a serious opportunity from where I sit. Things have to go really bad from here, as I see it, for the office to underperform alternatives in the next few years, from a cash flow perspective.

Post: Down Payment on Next Property Advice

Scott Trench
Pro Member
Posted
  • President of BiggerPockets
  • Denver, CO
  • Posts 2,611
  • Votes 5,666
Quote from @Kevin Hilton:

I am looking to acquire my 4th rental property, but I would like some advice from all of the seasoned investors in this forum. 

Property to purchase would be a STR at $240,000 - so we would need the 20% down payment and we are looking at different options as the source of the funds. I would use money from a HELOC that I have open to fund the down payment, but as @Scott Trench stated recently on the podcast, that is a short term solution, and I don't want to hold that $48k debt for more than a few months.  Our current portfolio looks like this:

LTR that is worth 150k with 65k of debt left on it at 3.65% on a 20 year loan - PITI = $785 per month - long term tenants paying $1650 per month

LTR that is valued at 110k with 45k of debt left on a 4%, 20 year loan - PITI = $583 per month - long term tenants paying $1550 per month

STR that is valued at $275k with 155k of debt left on a 3.5%, 30 year loan - PITI = 1080 per month - brings in over 35k per year gross for the last three years.

Would you do a cash out refinance on one of the properties to pull out some of the equity to pay off the $48k HELOC or would you sell one of the LTR properties to pay off the HELOC?

Or would you not try to do this deal at all and wait to build up the cash position to fund the down payment, which could take 2-3 years?

Thanks for any and all advice!!

I know that a ton of people will win with the approach you are contemplating taking - in taking a HELOC out for the down payment on an investment property.

I think that the HELOC is a short-term tool, as you note. I'd encourage using it to fund a fix and flip or BRRRR. If you are going to be active, and have high conviction in a project with a clearly defined entry/exit strategy then using a HELOC is one of the better sources of capital.

But, I continue to have my stance that, on average, folks who use a HELOC to fund the down payment for long-term investments will eventually find themselves in a situation where their portfolios drain their personal financial situations, rather than fueling them.

I'd encourage you personally to either consider a strategy that allows you to add value quickly and get out quickly (a Flip or BRRRR) if the HELOC is your current only/best option for cash, and/or to simply save up. With a portfolio like this, and a good job, you could be able to save up $48K reasonably quickly - perhaps faster than the 2-3 year time horizon you post here!

Post: What Do You Think Of All Of The Reverse Trolling in the Forums?

Scott Trench
Pro Member
Posted
  • President of BiggerPockets
  • Denver, CO
  • Posts 2,611
  • Votes 5,666
Quote from @Ned Carey:

 @Jonathan Greene  @Scott Trench  I am 100% againsts it. It this was my forum I would remove them without question. On the second similar post I would ban them. 

It is harder to find good information if the forum is cluttered with low value information. 


 I completely agree with removing Reverse Trolling in a clearly defined form. 

I think that the team and moderators will all be aligned with this philosophically. 

But, I think in practice, "reverse trolling" remains ill-defined and a blurred line will rapidly begin developing. 

Any ideas on how to crystallize this? 

Any suggestions on what to update/populate in our "rules" section to help us make this clearer? 

Post: What Do You Think Of All Of The Reverse Trolling in the Forums?

Scott Trench
Pro Member
Posted
  • President of BiggerPockets
  • Denver, CO
  • Posts 2,611
  • Votes 5,666
Quote from @Greg Scott:

Agree with you. I prefer the forum used for investors with actual questions.

I am not a fan of what you call reverse trolling.

I am not a fan of posts in the forum which have no questions and are basically blog posts. They are essentially the same thing you are describing, but sharing an "expert opinion".

I am also not a fan of how BiggerPockets itself is doing this same thing in the forum by posting blog posts and you don't have the ability to comment on the posting (because some times I disagree with the posting!)


 Thanks for the feedback here about the blog posts. I agree we should take them out of the feed. It was a test, sounds like not a successful one. Thanks!

Post: What Do You Think Of All Of The Reverse Trolling in the Forums?

Scott Trench
Pro Member
Posted
  • President of BiggerPockets
  • Denver, CO
  • Posts 2,611
  • Votes 5,666
Quote from @Bruce Woodruff:

I don't really even notice them, and I certainly don't click on them to actually read and get involved.....Just another way of getting business and not a great one IMO..

By the way, does anyone know anything about framing a staircase?

I'm inferring from this post that your marketing strategy has a lot of... steps... to it.

Post: REPS And Active Losses and Gains

Scott Trench
Pro Member
Posted
  • President of BiggerPockets
  • Denver, CO
  • Posts 2,611
  • Votes 5,666
Quote from @Michael Plaks:
Quote from @Scott Trench:

 Super helpful explanation! Thank you Michael!

In your experience do you see people commonly attempting to offset ordinary income / W2 with syndicated losses, despite the above? How is this attempted by other, less informed, tax pros on the return?

Thank you for the compliment, Scott.

By the way, "quoting" feature on the forums has been broken for a few weeks now. So we have to do quoting manually.

In your experience do you see people commonly attempting to offset ordinary income / W2 with syndicated losses, despite the above? How is this attempted by other, less informed, tax pros on the return?

People are attempting to - and succeeding at that - ignore and override all kinds of tax rules. The simplest thing to do (at the risk of sounding like I'm teaching how to cheat) is to check the "material participation" box when entering a K1 into your tax software. Your tax software will be happy to oblige and "allow" your losses. But you don't qualify for material participation if you are a passive investor in a syndication. 

Thanks! What is broken about the quote feature? Looks like it is working good for me.

Post: REPS And Active Losses and Gains

Scott Trench
Pro Member
Posted
  • President of BiggerPockets
  • Denver, CO
  • Posts 2,611
  • Votes 5,666
Quote from @Michael Plaks:
Quote from @Scott Trench:

Hi tax pros - I have a question about REPS status.

First, selfishly, do you believe that my job as CEO of BiggerPockets, which I spend obviously spend essentially all working hours on, and dwarfs activities involving my real estate portfolio (which is managed via a property manager) qualifies me for REPS status?

Second, I have a question about REPS status in a longer term sense.

The primary benefit of REPS status, as I see it, is to take passive real estate losses, usually from depreciation and accelerated depreciation via cost-segregation, and use those losses to offset active income, reducing current or future AGI and tax burden.

I’m clear about this benefit, but what I’m unclear on is the consequence in out years.

For example, if I put $100K into a multifamily syndication, and the syndication does a cost seg, resulting in a $40K loss, I believe that a Real Estate Professional could claim that $40K loss against their other income and reduce their AGI accordingly.

From there, it gets murkier. When the syndication is sold in future years, are the gains, depreciation recapture, and distributions also taxed as active income? Could that bite our REP in year 5 when a big pile of ordinary earnings income is realized (if they don’t 1031 and defer it)?

Or, is REPS really a “free lunch” for those who qualify - they can claim an active loss reducing ordinary income today, AND get to claim passive and capital gains in the future on the appreciation?



I assume, Scott, you're paid by BP on W2. Qualifying for REPS then hinges on two questions:
1. What are your duties as the CEO? Managing a company usually does not involve participating in real estate acquisition, management or construction. It's not enough that your company serves the real estate industry, your actual duties should be directly related to real estate, as opposed to the typical executive responsibilities. 
2. And if you're directly working with real estate in your CEO role, do you own 5% of BP? If not, then your W2 hours do not qualify for REPS even if directly related to real estate.

Quit this job of yours and start wholesaling instead.  :)   Or marry a full-time Realtor.

Are you going to run a syndication or just give them money to invest? If you're a passive investor in syndications, your K1 losses are usually not deductible - even if you qualify for REPS. 

Finally, your hunch is correct: when the syndication cycle closes, your past "free lunches" will have to be paid for, aka recapture.

Here're some relevant posts from your favorite site:
https://www.biggerpockets.com/forums/51/topics/839015-are-sy...
https://www.biggerpockets.com/forums/51-tax-legal-issues-con...
https://www.biggerpockets.com/blog/real-estate-professional-...


 Super helpful explanation! Thank you Michael!

In your experience do you see people commonly attempting to offset ordinary income / W2 with syndicated losses, despite the above? How is this attempted by other, less informed, tax pros on the return?

Post: Who is Bob Stevens AKA Bob Prisco and what's his involvement in Cleveland?

Scott Trench
Pro Member
Posted
  • President of BiggerPockets
  • Denver, CO
  • Posts 2,611
  • Votes 5,666

Thanks guys - we will have our moderation team, including @Rene Hosman, take a look this week. And @Mindy Jensen - might like your eyes on this as well.

Post: REPS And Active Losses and Gains

Scott Trench
Pro Member
Posted
  • President of BiggerPockets
  • Denver, CO
  • Posts 2,611
  • Votes 5,666

Hi tax pros - I have a question about REPS status.

First, selfishly, do you believe that my job as CEO of BiggerPockets, which I spend obviously spend essentially all working hours on, and dwarfs activities involving my real estate portfolio (which is managed via a property manager) qualifies me for REPS status?

Second, I have a question about REPS status in a longer term sense.

The primary benefit of REPS status, as I see it, is to take passive real estate losses, usually from depreciation and accelerated depreciation via cost-segregation, and use those losses to offset active income, reducing current or future AGI and tax burden.

I’m clear about this benefit, but what I’m unclear on is the consequence in out years.

For example, if I put $100K into a multifamily syndication, and the syndication does a cost seg, resulting in a $40K loss, I believe that a Real Estate Professional could claim that $40K loss against their other income and reduce their AGI accordingly.

From there, it gets murkier. When the syndication is sold in future years, are the gains, depreciation recapture, and distributions also taxed as active income? Could that bite our REP in year 5 when a big pile of ordinary earnings income is realized (if they don’t 1031 and defer it)?

Or, is REPS really a “free lunch” for those who qualify - they can claim an active loss reducing ordinary income today, AND get to claim passive and capital gains in the future on the appreciation?