The answer to this question will vary wildly based on your state's law and the particular circumstances involved, as others much smarter than me have already opined.Practically, if the lender calls the loan based on a default of the DOS clause, and you quickly cause the property to be deeded back (either because you own the related entity or there is some contractual provision with your buyer, etc. that allows you to require a re-conveyance), I doubt the lender is going to go through the cost of a contested foreclosure whether or not it is a legally sufficient "cure" of the default.

For the most part, there have only been a couple of token operators being fined, but it can happen to any landlord in Monterey county.

I have seen lots and lots of BPO's and I just do not believe them to be sufficiently accurate when large amounts of repairs (sometimes just moderate) need to be made to the property.

Rehab increase the occupancy and potentially look at selling and just keep going until I will have sufficient funds to buy rehab and hold 3 multifamily complexes.

If you're lucky enough to speak to Ken, you'll be ahead of the game. :)

So whether or not it is best seems to depend heavily on the purpose of the raise, whether or not one has sufficient capital from their Regulation D placements for their projects, and one's tolerance for legal risk.

The promise to buy and the promise to sell should be sufficient consideration.

You'll need earnest money in the real world, you need title opinions, you need to pay fees and for assistance, attorneys don't work for nothing.Income, do you have a job that gives you a disposable income sufficient topay those small costs of getting a deal through?

First you need some basic business consultation and you can get free advice from SCORE, google that and follow from there, probably have advisors near you.An LLC is sufficient to do anything any RE, the type of business structure has very little to do with the nature of business conducted, as a small business your considerations should be based on tax matters, ease of adminitration, flexibility to conduct business, ability to obtain financing and insurance and lastly liability matters.

Since the HML lent you funds for both purchase and rehab (many will go to 100% of P+R as long as the ARV is sufficient to keep the LTV below 65%), you are not looking for additional cash from the conventional take-out lender, just a refinance of the total HML loan.