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All Forum Posts by: Walt Payne

Walt Payne has started 18 posts and replied 784 times.

Post: Seller cannot close because of lien, what now?

Walt PaynePosted
  • Real Estate Investor
  • Sebastian, FL
  • Posts 812
  • Votes 431
Originally posted by @Account Closed:
Originally posted by @Walt Payne:

@Account Closed  

I have been involved in such a case. I do not know what liability the agent had in the case, but I know that my lawyer convinced the agent to foot half the bill and the seller paid the other half. The one condition was that I never discuss their involvement. But it involved a significant loss since there was not only DD costs but a dual closing and MY house was sold at that point. I had to get temp accommodations along with storage for furniture.

Good info and thanks for sharing.  Was this an actual case?  As in a suit/complaint filed? Or did your attorney get the seller and agent to settle before any legal action?  I totally get that a seller and even the agent would decide to settle and pay you off. You had damages that they could easily see.  I'm always more curious about the actual case and judgment (when there is one).  

My lawyer sent a letter accusing the seller and agent of negligence and/or fraud, and said that it was up to the courts to decide who was liable. They talked to their lawyers, their lawyers talked to each other, and they agreed it was best to split the actual costs.

Post: Are you Pro or Against 401(k)?

Walt PaynePosted
  • Real Estate Investor
  • Sebastian, FL
  • Posts 812
  • Votes 431
Originally posted by @David C.:

@Walt Payne nice twist there Walt!  'settle for 50k of income'  haha.

I said 'first 50k' is essentially never taxed at all - not taxed when I saved it, barely taxed on the way out.  50k/year of my retirement free on both ends.

Have you done the math? I'll be honest, I haven't.  And I do both Roth and 401(k), to bet a little bit against myself being wrong.

If you are close to retirement, you really think that your retirement income will be higher than your current income?  Is that because you see yourself running out of depreciation expense as you age and keep properties? or fewer interest deductions?

Or do you expect a bump in the top tax rates in the next 5 years?  So you think: today I'm in the top bracket, and when I retire, I'll still be in the top bracket, and the top bracket will go up between now and then?  So you see the 39% bracket jumping to what?  and my g-d that only kicks in after 457,000/year for married filers.  We are in a different world if you are suffering that tax rate now, and expect to in the future!

Ahhh, but you see that "first 50k" is really the TOP 50k of your income when you take it out because if you get it out tax free you have $50k less taxable income. So (if taxable) the 401K money is essentially paying taxes of at least the amount you are paying for the highest dollar amount you make that year, even if it doesn't kick you up a bracket.

Do I think I will be in a higher tax bracket? I would love to be. But if not, I will not be in a lower one. I have significant seed money for my investments from years of saving and investing in more than just the stock market, and I am well on my way. That will fund my semi-retirement into full time REI, while still getting significant income from my current employer as a 1099 contractor.

From there, I will make enough to create a truly passive portfolio and retire. My plan is to take that money (which could currently match my income) and get to a point of at least doubling my current income. And that is not including anything from Social Security. As for the $457K/yr ... not yet, but if I get there I want as much of that as possible to be tax free. Even at 30% taxes that is a significant chunk. 

The other thing to consider is that if the IRS or congress changes the rules/laws on Roth accounts, or if you wanted to use the money elsewhere, you can withdraw the full principle amount with no taxes or penalties once the account is 5 yrs. old since you have paid taxes on that money already. Only the earnings need remain in the account until age 59 1/2.

Post: Seller cannot close because of lien, what now?

Walt PaynePosted
  • Real Estate Investor
  • Sebastian, FL
  • Posts 812
  • Votes 431

@Account Closed  

I have been involved in such a case. I do not know what liability the agent had in the case, but I know that my lawyer convinced the agent to foot half the bill and the seller paid the other half. The one condition was that I never discuss their involvement. But it involved a significant loss since there was not only DD costs but a dual closing and MY house was sold at that point. I had to get temp accommodations along with storage for furniture.

Post: Are you Pro or Against 401(k)?

Walt PaynePosted
  • Real Estate Investor
  • Sebastian, FL
  • Posts 812
  • Votes 431
Originally posted by @David C.:

@Walt Payne you are thinking exactly how the government wants you to think.

I firmly believe the first 50,000 of income will be taxed very low for a long time to come.  With no pensions, and minimal(or zero) social security due to means testing, most of my never-taxed 401k contributions will be taxed at near zero when they come back out.

I will never volunteer to pay a tax today that I can avoid or defer.  We can only be 100% certain about what today's tax policy is.

If you want to settle for that $50K of income, welcome to it. I plan on having that just from my 401k, and a whole lot more than that in taxable income. Not expecting to see a whole lot of SS income, if any. 

My willingness to use the Roth option may be partly colored by how close I am to retirement, and that makes it less likely that changes will happen soon enough to effect me.

Post: Analysis Paralysis-Flipper looking for long term holds

Walt PaynePosted
  • Real Estate Investor
  • Sebastian, FL
  • Posts 812
  • Votes 431

@Jeff Wallenius  if you can cash flow the same kind of properties as you flip, and they are in decent neighborhoods then that is an ideal situation. That allows you to get cash flow, and also to create forced appreciation. That appreciation will allow you to cash out the money you have invested at some percentage that keeps you solidly positive, while having all or most of the money you invested available to continue purchasing. Just keep the financing low enough to provide a solid base in case things go sour.

Post: Hiring from craigslist?

Walt PaynePosted
  • Real Estate Investor
  • Sebastian, FL
  • Posts 812
  • Votes 431

@Nat C.  Sam Leon has some very valid points. 

Warning about paying at the end of a day instead of the end of the job, or end of week. This may seem stereotyping, but many of the people you will get from that kind of ad are unemployed. Not a problem, but they are also frequently unemployed for a reason. One common one is that as soon as they have a wad of cash they go spend it on a bottle ... and you either won't see them the next day, or even worse, you might.

And then there is the issue of licenses and insurance. Not important, until it is ...

Post: SEO cost

Walt PaynePosted
  • Real Estate Investor
  • Sebastian, FL
  • Posts 812
  • Votes 431

@Branden Chhuor  You also have to be careful what techniques they use. They could do you more harm than good, if they are using outdated methods that Google has caught on to.

Post: Are you Pro or Against 401(k)?

Walt PaynePosted
  • Real Estate Investor
  • Sebastian, FL
  • Posts 812
  • Votes 431
Originally posted by @Account Closed:

@Walt Payne 

I worked in investment management for over 10 years and there are very few public fund managers that can consistently generate 12-14%.  More like 6%, which is HIGHER than the average return in most 401ks.

So, let's assume 6%.  What is the point of a solo 401k that will yield 6% even if it is tax free, when you can generate a consistent 20%+ indefinitely via real estate?

I absolutely agree about stock investment firms.

A solo 401K is self directed. To qualify you need to meet a few requirements. You need to be the only employee, you need to have earned income, not passive. And any funds from previous employer accounts can be transferred. 

For example how I set it up was doing my renovations out of a separate entity that bills them to my buy and hold entity. That allows me to have a solo 401k, and funnel income into a tax deferred or tax free account. And I control how the money is invested. I have several relatively high yield investments and am planning on doing some not investing soon.

Post: Are you Pro or Against 401(k)?

Walt PaynePosted
  • Real Estate Investor
  • Sebastian, FL
  • Posts 812
  • Votes 431
Originally posted by @Account Closed:

@Scott Trench 

If I can make 20%+ on my real estate investments and less than half that in a 401k, why would I invest in the 401k?  Money now is worth much more than money later.  I would rather take the cash now and invest it for 20%+ than wait, even if I'm not taxed...The return will trump the tax free benefit.

For these reason, while I was in corporate and put the absolute minimum in my 401k and invested as much as possible in real estate.  This is one of the reasons why I retired from corporate America last year.

Why not have your cake and eat it too? You can have a solo 401k to invest in what you think best. I agree with others that RE itself may not be the best way to use 401k money, but what if you could get 12-14% tax free and allow that to compound? Notes, HML, etc can get you good yield and do it tax deferred or tax free.

Post: Are you Pro or Against 401(k)?

Walt PaynePosted
  • Real Estate Investor
  • Sebastian, FL
  • Posts 812
  • Votes 431
Originally posted by @Dave Foster:

There's some big elephants in the room when using IRAs or 401Ks to buy,sell, and hold real estate in the traditional sense.

1. It has to be an all cash transaction or financing becomes an issue - both in finding money that will lend to an IRA and then in the possible taxable events (UBIT) that still happen when you borrow money to supplement a real esate purchase.

This is only true for an IRA, though. True that you will get a lower LTV and higher interest on a non-recourse loan, but UBIT does not apply on a 401K RE purchase.

I agree that it is better to use other vehicles within a 401k, but UBIT is not a factor.

Also, the ability to borrow up to $50K from your 401K is a nice feature.