I'm going to try to tie up the duplex this weekend before it hits market so I'm hoping the roll over can be done quickly.

While it might be possible to rollover your 401k funds into self-directed IRA and then invest in multi-family real estate - you will not be able to use the income from that investment.

Also, hardship distributions are not rollover eligible to an IRA or other company plan.Following is a good sources regarding the 401k hardship distribution rules. https://www.irs.gov/retirement-plans/retirement-plans-faqs-regarding-hardship-distributionsIf you need funds, another option is to take a 401k participant loan. https://www.irs.gov/retirement-plans/retirement-plans-faqs-regarding-loansLastly, 401k plans generally don't allow for distributions if you are still working for the employer that offers the plan unless you have reached age 59 1/2. https://www.irs.gov/retirement-plans/plan-participant-employee/401k-resource-guide-plan-participants-general-distribution-rules

Ted,In order for you to invest in real estate using your retirement funds you need a self-direct IRA:https://www.biggerpockets.com/blogs/2810/51528-how...If you have a 401k from previous employer or an IRA you can rollover those funds into self-directed IRA.

(Some require the owner name on it)Is it an actual cash out refi or do they want you to roll over your equity into a heloc type equivalent?

Anyway, I can’t imagine you solving any of this without an attorney, and considering they already won once, I’d imagine they aren’t going to roll over if you bluff legal action.

., investment strategies) or a recommendation regarding rollovers, transfers, or distributions from a retirement plan or IRA—including whether, in what amount, in what form, and to what destination a rollover, transfer, or distribution should be made.As defined in the final rule, a recommendation is a communication that “would be reasonably viewed as a suggestion” to take a particular course of action or to refrain from doing so.

Establish an LLC and roll over an existing IRA to a SD solo401k.2.

Hi BP, Just need your input about this: i am planning to rollover my 401k (from previous employer) to a Check Book IRA, LLC then after, i am looking at joining Syndication.

Following is more information regarding the solo 401(k) and the IRA LLC.The Self-Directed IRA and Solo 401k SimilaritiesBoth were created by congress for individuals to save for retirement;Both may be invested in alternative investments such as real estate, precious metals tax liens, promissory notes, private company shares, and stocks and mutual funds, to name a few;Both allow for Roth contributions;Both are subject to prohibited transaction rules;Both are subject to federal taxes at time of distribution;Both allow for checkbook control for placing alternative investments;Both may be invested in annuities;Both are protected from creditors;Both allow for nondeductible contributions;Both are prohibited from investing in assets listed under I.R.C. 408(m)The Self-Directed IRA and Solo 401k DifferencesIn order to open a solo 401k, self-employment, whether on a part-time or full-time basis, is required;To open a self-directed IRA, self-employment income is not required;In order to gain IRA checkbook control over the self-directed IRA funds, a limited liability company (IRA LLC)   must be utilized;The solo 401k allows for checkbook control from the onset;The solo 401k allows for personal loan known as a solo 401k loan;It is prohibited to borrow from your IRA;The Solo 401k may be invested in life insurance;The self-directed IRA may not be invested in life insurance;The solo 401k allow for high contribution amounts (for 2017, the solo 401k contribution limit is $54,000, whereas the self-directed IRA contribution limit is $5,500);The solo 401k business owner can serve as trustee of the solo 401k;The self-directed IRA participant/owner may not serve as trustee or custodian of her IRA; instead, a trust company or bank institution is required;When distributions commence from the solo 401k a mandatory 20% of federal taxes must be withheld from each distribution and submitted electronically to the IRS by the 15th of the month following the date of each distribution;Rollovers and/or transfers from IRAs or qualified plans (e.g., former employer 401k) to a solo 401k are not reported on Form 5498, but rather on Form 5500-EZ, but only if the air market value of the solo 401k exceeds $250K as of the end of the plan year (generally 12/31);When funds are rolled over or transferred from an IRA or 401k to a self-directed IRA, the amount deposited into the self-directed IRA is reported on Form 5498 by the receiving self-directed IRA custodian by May of the year following the rollover/transfer.Rollovers (provided the 60 day rollover window is satisfied) from an IRA to a Solo 401k or self-directed IRA are reported on lines 15a and 15b of Form 1040;Pre-tax IRA contributions on reported on line 32 of Form 1040;Pre-tax solo 401k contributions are reported on line 28 of Form 1040;Roth solo 401k funds are subject to RMDs;A Roth 401k may be transferred to a Roth IRA (Note that from a planning perspective, it may be advantageous to transfer Roth Solo 401k funds to a Roth IRA before turning age 70 ½ in order to escape the Roth RMD requirement applicable to Roth 401k contributions including Roth Solo 401k contributions and earnings.)