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1 February 2025 | 0 replies
Here are five dangerous provisions to watch for in an Operating Agreement:Dangerous Provisions to Watch:Authority to incur debt without investor approvalPower to make loans to other entities/projectsAbility to cross-collateralize with other propertiesPermission to use investor capital for other venturesCommingling of funds across different projectsWhy These Are Potential Ponzi Indicators:• New investor funds could be used to pay existing investors• Project-to-project lending can mask poor performance• Cross-collateralization puts your investment at risk for others' failures• Commingling enables masking of financial problems• Lack of project segregation enables fraudulent schemesProtective Measures to Look For:Strict single-purpose entity requirementsProject-specific bank accountsDebt limitations and investor approval requirementsProhibited related-party lendingClear fund segregation requirementsProfessional Best Practice:Request bank statements showing separate accounts for each project.
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28 February 2025 | 7 replies
If it qualifies as a short-term rental, you might also avoid passive loss limits, making the strategy even stronger.If you’re considering a cost segregation study, DM me and I can point you to some solid firms in SoCal!
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28 February 2025 | 3 replies
Look for undervalued properties, explore FHA loan options, and consider mid-term rentals to maximize income.
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26 February 2025 | 1 reply
As long as you are profitable, as is with the current tenant, maybe once every month or every other month approach a tenant that is on month to month and let them know that you'll need them to sign a lease.
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2 February 2025 | 9 replies
So if you are looking to hold long term, you must take that into consideration.
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27 February 2025 | 0 replies
Partner B will get $220,000 + the single wide, while Partner A's heirs will get the apartment building and the double wide.They intend to sell one property ( the double wide mobile home ) and use the proceeds to either pay down the loan or reinvest in another rental property (possibly in another market).To defer capital gains tax, they plan to use a 1031 exchange for reinvestment.Goals & Challenges:Tax Efficiency – Structure the transfers and payments to minimize tax liabilities for Partner A’s Spouse and the Children.Guaranteed Income for Partner A’s Spouse – Ensure a fixed monthly payment of $1,100/month while transferring ownership to the Children.Long-Term Investment for the Children – Build a solid rental portfolio to support future financial growth.Operating the LLC Under New Ownership – Ensure a smooth transition, including removing Partner A’s Spouse and Partner B from the LLC structure.Proposed Plan & Questions for Advice:Instead of outright gifting the 50% interest, the LLC will be restructured so that Partner A’s Spouse retains a Preferred Equity Stake that provides them $1,100/month in priority payments but gradually transfers ownership to the Children.Payments will only be made when rental income is sufficient (i.e., when rent increases to $850/unit).Partner A’s Spouse is willing to forgo payments in bad financial times but wants assurance that they won’t face any tax consequences on unpaid amounts.If Partner A’s Spouse passes away before full ownership transfer, the Children inherit the shares at a stepped-up basis (avoiding capital gains tax).Questions:How should the LLC Operating Agreement be structured to allow withholding payments when necessary without triggering tax or legal issues?
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29 January 2025 | 10 replies
House Hacking, STRs, Mid-Terms, and BRRRR are all solid strategies to explore.
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27 January 2025 | 7 replies
If you feel confident in the tenants signing those long term leases, this is a slam dunk and you'll have a cash cow on your hands very quickly!
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11 February 2025 | 4 replies
What if they change the terms on you last minute?
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10 February 2025 | 7 replies
I’m particularly interested in methods that have worked well for you in terms of finding deals that aren’t listed on the MLS.Thanks in advance for your insights and suggestions!