Tom McDaniel
Partnership LLC Sells Rental, Invests in DST, Closes LLC, Can DST be Distributed?
29 August 2024 | 3 replies
When a Partnership LLC conducts a 1031 exchange and invests in a DST, the LLC is considered the owner of the replacement property (the DST).
Carlo D.
Stupid question on bank accounts
27 August 2024 | 3 replies
If you do not plan to conduct business in NY then the bank may require you to fill out a foreign entity declaration (stating that you will not be conducting business in NY) and you can skip the registration.
Jeff Vasishta
Buy, Renovate and Hold in Pittsburgh
27 August 2024 | 1 reply
I suggest conducting a cost segregation study on both the acquisition and improvements.
Adam Guymon
Starting Out, help! Very unique situation.
29 August 2024 | 6 replies
Every system you try will have flaws, or you may salivate over a feature that appears in other software.Some familiar names are mentioned frequently: Stessa, Apartments.com, RentRedi, TenantCloud, Innago, RentManager, Avail, Rentec Direct, Doorloop, etc.I recommend conducting thorough research on each app online to understand their offerings, pricing, etc.
Brad Birky
Buyers can't get financing due to zoning
27 August 2024 | 12 replies
Here are the Fannie Mae guidelines for legally non-conforming properties:If the Property's characteristics are legally non-conforming, you must:ensure the Borrower executes the Modifications to Multifamily Loan and Security Agreement (Legal Non-Conforming Status) (Form 6275);confirm whether, if fully or partially destroyed, the Property's Improvements can be fully rebuilt to the pre-casualty condition per current laws, zoning requirements, and building codes; and if the Property’s Improvements cannot be fully rebuilt to the pre-casualty condition, evaluate if the as-rebuilt Property will support the Mortgage Loan at the current Tier, and document your analysis in the Transaction Approval Memo.To assess the Borrower's ability to rebuild Improvements on a non-conforming Property to a level that will support the Mortgage Loan at the current Tier, you should consider: conducting a threshold analysis to determine the resulting actual amortizing DSCR if the reconstructed Improvements cannot be rebuilt as-is per current law; the likelihood of a casualty event (e.g., wind, earthquake, fire, flood, mine subsidence, etc.); the percentage of damage to the Improvements at which the Property’s jurisdiction will require the Property be rebuilt to current zoning and land use requirements (i.e., the destruction threshold); which Property characteristics the destruction threshold percentage applies to, such as market value, assessed value, replacement cost, or unit count; for Properties with multiple buildings, if the destruction threshold percentage applies to each building, or all buildings as a whole; the replacement cost to rebuild per current requirements for zoning, and land use; the Property’s continued marketability, and economic viability; the amount and type of Borrower-maintained insurance coverage required per Part II, Chapter 5: Property and Liability Insurance, Section 501.02C: Ordinance or Law Insurance; insurance loss proceeds payout, compared to increased rebuilding costs, including from building code changes, Americans with Disabilities Act compliance, and the municipality's local zoning requirements (e.g., green compliance for new buildings, etc.); the sufficiency of estimated insurance proceeds from ordinance or law insurance and other coverages to repay the Mortgage Loan in the event of partial or full casualty, or condemnation; and for a Tier 3 or Tier 4 Mortgage Loan, if requiring execution of the Limited Payment Guaranty (Form 6020.LPG) would mitigate the risk of the as-rebuilt Property not supporting a Tier 2 Mortgage Loan.
Rhea Jeong
Rental income consideration to mortgage
27 August 2024 | 2 replies
It does not apply to 1- or 2-unit properties.Income Calculation: To conduct the test, FHA requires that the estimated rental income from all units, including the one in which the borrower will reside (if the borrower is not occupying the unit as their primary residence), be calculated.
Will Mejia
Just sold a Rental Property. IRS is going to kill my gains help!!!
30 August 2024 | 29 replies
Could also be things like a new laptop if the laptop is used exclusively to conduct business on your rental properties (make the laptop or other assets $2,500 or less to avoid depreciation over multiple years).
Rajagopalarao Paidi
Any recommendation on forming out of state LLC or Home State LLC
26 August 2024 | 8 replies
Let's break down the pros and cons of each approach:Forming an LLC in the State Where the Property is Located:Pros:Compliance with Local Laws: Establishing an LLC in the state where the property is situated ensures compliance with local regulations and laws specific to that jurisdiction.Legal Clarity: It provides clear legal jurisdiction and may simplify any legal proceedings related to the property in that state.Perception: Operating with a local LLC may give tenants and local authorities confidence in your commitment to the community.Cons:Additional Costs: Setting up and maintaining an LLC in another state means incurring additional registration fees, taxes, and possibly hiring local legal counsel.Administrative Burden: Managing multiple LLCs across different states adds complexity to your administrative workload, including extra paperwork and compliance requirements.Tax Implications: You may face tax obligations in both the state where the property is located and your home state, potentially leading to double taxation or complexities in tax filings.Managing Through Home State LLC:Pros:Simplified Management: Handling all properties under a single LLC streamlines administrative tasks, reducing paperwork and simplifying tax filings.Cost Savings: Avoiding the need to establish multiple LLCs in different states saves on registration fees, legal expenses, and ongoing maintenance costs.Consistency: Uniformity in management practices and legal structures may contribute to efficiency and ease of operation across your real estate portfolio.Cons:Legal Exposure: Operating out-of-state properties under a home state LLC may expose your personal assets to the laws and liabilities of the other state, potentially diminishing the liability protection the LLC offers.Compliance Challenges: You'll need to ensure your home state LLC meets the legal requirements for conducting business in other states, which could involve additional filings and fees.Perception and Credibility: Some tenants or local stakeholders may prefer dealing with a landlord who has a local presence, which could impact your reputation or relationships in the community.Ultimately, the decision depends on your specific circumstances, risk tolerance, and long-term goals.
Scott Esmail
Want to buy a foreclosure Auction property that has solar panels
25 August 2024 | 8 replies
But if it’s a fixture filing recorded among the land records, then that junior lien may be extinguished in a properly-conducted foreclosure.
Andrew Carlson
My tenant might be a prostitute
26 August 2024 | 73 replies
this is in our lease regarding prohibited conduct, aka violation of the lease, "criminal conduct, regardless of whether or where arrest or conviction occurs, including but not limited to: manufacturing, delivering, or possessing a controlled substance or drug paraphernalia; engaging in or threatening violence; possessing a weapon prohibited by law; discharging a firearm in the apartment community; or, except when allowed by law, displaying or possessing a gun, knife, or other weapon in the common area, or in a way that may alarm others"I'm no lawyer but the person who wrote this lease is a lawyer, "regardless of whether or where arrest or conviction occurs" leads me to believe that suspicion of illegal activity is enough.