@Andrew P.  1) as  2022 is almost  here -  consider  completing and filing the 2021 tax returns asap  and  consider having the  schedule E  for the  rental income  show as much of a   positive  net  income as possible  ...this   might  increase your tax  exposure for the year but if the  result  is  that you will be able to line up a  HELOC on your primary  property , it could be worth it 2) a  traditional  cash out  refinance  will  have the same  issue   of using the tax returns  for the  qualifying ratios  - the LTV  ( loan to  value ) for a OO triplex  isnt  very high 3) recent FED  announcement  - 3  seperate  .25%  increases   expected for  fed rate  in  2022  - this means  HELOC / prime rate will increase  by the same  amount when  these increases occur 

If you can't find what you're looking for, try the BiggerPockets' FilePlace: https://www.biggerpockets.com/files It contains hundreds of files such as ebooks, checklists, and spreadsheets for real estate investors.

As for the LLC, its a quick process to open one up and inexpensive, you can even file once the first property is under contract and still get the docs back before closing. 

Hey Nick,  Most lenders have programs that allow you to provide an active lease and two months of canceled rent checks (or proof of auto deposit in your bank account), even if your property is new and has yet to be filed in your taxes.

If you can't find what you're looking for, try the BiggerPockets' FilePlace: https://www.biggerpockets.com/files It contains hundreds of files such as ebooks, checklists, and spreadsheets for real estate investors.

In most cases, there would be a deadline marking the end of your inspection or due diligence period.

I know I can file an eviction but we are 6 to 8 months behind on the court hearing.

And if the loan is in a state where a servicing licence is required, and you don't have one, could end up in hot water if the borrower files a complaint with either of the the above and/or the attorney general. 

In this case the foreclosing mortgage was originated in 2014 and the the certified judgements were from later years, so the mortgage was filed prior to the tax lien. 

Do you still file a form E if you are taking advantage of the FEIE and/or foreign tax credit?