Commercial Real Estate Pro Network

J Darrin Gross Podcasts

J Darrin Gross Podcasts

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CREPN #178 – Self Directed IRA with Terry White

Self Directed IRA is an option available to all investors, yet it is not widely understood.

If fact, every IRA is self directed.  It is the custodian that limits your options, ie: stock brokers and wire houses limit your selection to marketable securities offered.  To take advantage of non traditional assets, you need to seek out a custodian that supports investing in non traditional assets.

Employer sponsored plans, ie 401k’s usually have a limited number of investment options that are set the administrators.

Terry White is the founder and CEO of Sunwest Trust, a custodian for almost 10,000 Self Directed IRA’s with an average account balance of $130,000.  

Sunwest Trust provides an option for investors looking to invest in non-traditional assets.  Unlike traditional broker custodians who charge based on the assets under management, Sunwest Trust charges an annual flat fee for their services.  

Who is eligible for a Self Directed IRA

Individual Retirement Accounts, IRA’s, are non employer sponsored retirement plans.  You choose the custodian. They can support traditional or non traditional assets.

Employees who leave an employer have two options.  They can leave their 401k with their prior employer, or they can roll over the plan to a Self Directed IRA.  

What can you invest in?

The IRS does not provide a list of categories you can invest in.  Rather it specifies a few things you cannot invest in. The list is short.  It includes life insurance and collectibles.

Who cay you invest with or in?

Again, the IRS does not list all of those potential investors you can invest with.  Rather, they specify the those “disqualified” parties which are prohibited: you, for personal use, your ascendents and descendents; your parents, grandparents, children or grandchildren.  You are not prohibited from investing in a brother or uncle, etc.

How it works:

It is crucial that any purchases in your Self Directed IRA be structured properly to avoid potential taxable event or penalties.  You must have the purchase and sale agreement signed by your custodian. If you act as the buyer individually, then fund with your IRA, you will engage in a prohibited transaction.  

When property is purchased, the custodian does so at the direction of the IRA.  The property is then titled to the IRA in care of, the custodian, ie:  My IRA ,  ℅ Custodian.

All operating income and expenses go through the custodian who deposits, withdraws from your IRA.  It is best to use a property manager that pays directly to the IRA.

You are prohibited from using the property personally.

Leverage

Using Leverage

Your IRA can elect to use leverage to purchase a property, provided that the loan is non recourse.  Keep in mind, using leverage triggers, Unrelated Debt Financed Income, UDFI. This is a tax. It is equal to the percentage of the income that is attributed to the leverage.  Ie; if you put 25% down, and have a loan for 75%, then, 75% of your income will be taxed at Trust rates.

Lending from your IRA

Lending from your IRA is a very clean way to generate substantial gains.  Hard money, interest only loans, as long as you don’t loan to yourself, parents, or children, is one of the most popular ways to utilize a self directed IRA.

Reporting to the IRS

Each year, the assets or property held in your IRA are reported to the IRS on a form 5498 by your custodian.  The non traditional assets, property, are valued at the year end and compared to last year. All income paid to you by your custodian is reported on a form 1099.

Required Minimum Distributions

When you turn 70 and ½, the IRS requires that you take minimum distributions from your IRA.  This requires planning to do properly. Your options include:

  • Sell a property as you near 70 yrs old
  • Make distributions from the cash flowing income
  • Take a loan against the property
  • Take out an ownership percentage of the property via tenants in common TIC.

Is a Self Directed IRA right for you?

A Self Directed IRA is not for everyone.  If you do not understand what you are investing in, don’t do it.  Get educated, learn the ins and outs, and know what you are doing before you invest.

For more go to:

https://www.sunwesttrust.com/

FREE BOOK: https://www.sunwesttrust.com/contact/

and request Terry’s book,

When all You have is a Hammer

Sunwest IRA is a YouTube Channel

CREPN #177 – Multifamily Investing Learning Curve with Rama Krishna

The Multifamily investing learning curve is steep.    

Real estate investing has been presented in every way imaginable.  But, there is only so much you can learn from a book, a blog or podcast.  To propel yourself on the learning curve, you have to invest your money and time in a deal.  If you like to learn more from mistakes, go it alone. For those who would rather shorten the learning curve, partner with someone who has learned from their mistakes.

Rama Krishna with Zovest Properties LLC did 5 deals from July to December 2018 and acquired 153 units.  His decision to invest in Multifamily was made concrete after realizing the path to real passive income was not to acquire 1000 single family homes.

Lessons realized from Multifamily Investing

Property Class Matters

Prior to investing in a deal, Rama analyzed multiple deals.  The goal was to find a value add opportunity that he could partner with friends and family to acquire.  After acquiring three separate deals, he learned first hand the difference between a C+ and a D property; effort required to collect rent.  

If rent is what drives your revenue, and it’s not easy to collect, that may be the reason the property is offered at a higher cap rate.  Now he recognizes the benefit of a stabilized property and rent that is collectable.

Lesson: If you want regular rent, buy higher class properties.

Value Add Levels

Multifamily investors love to be able to acquire a property and reposition it; increase occupancy, rents, NOI and value.  An inexpensive purchase with lots of potential and heavy lifting, renovation can really limit the cash flow if not properly capitalized.  

If you acquire a property that needs a lot of work, get firm construction estimates and plan your capital requirements accordingly, especially if you are syndicating.  Recognize that a construction loan is expensive, and you have to complete the project as soon as possible so that you can get more competitive long term financing.

The easier path is to find a lite value add property.  These are characterized by a property with dated surfaces and undermarket rents.  Ideally, you can make units more appealing by spending a small amount to get market rents.  

Lesson: Be realistic when underwriting value add reposition play.

Domino Effect

Multifamily investing is people game.  Prior to closing his first property, commercial real estate brokers would show Rama only properties which were listed for sale.  After he was a proven closer, brokers started calling him with off market deals.

Lesson: Be a closer, and the deals will find you.

For more go to:

http://www.zovest.com

Rama Krishna

Zovest Properties

Invest. Earn. Retire.

rama@zovest.com

408 904 9990

CREPN #176 – Family Office with Brian DeLucia

Family offices have been around for generations.  Historically, they were associated with Rockefeller, Mellon, or Vanderbilt, families that created generational wealth.  They generated their wealth from many different industries. Having created massive wealth, they can invest conservatively.  Preservation of capital is the first goal. Beyond that, they focus on the transfer of wealth to the next generation.

Brian DeLucia with Arrivato LLC provides a look from the inside of a family office.  His family created its wealth in real estate, and continues to develop multifamily real estate holdings for the family.

Network of Family Offices

Birds of a feather flock together, and so do family offices.  There is a club of family offices where families socialize and communicate with each other.  They have mutual interest, capital preservation and generational wealth.  This common interest aligns their interest, which creates mutual trust in each other.  From the trust grows unique opportunities to share and learn from each other.

Operation of Family Office

Each family office is different.  Some outsource all of the professional needs.  Others handle everything inside, using the family business as a training ground for the next generation to learn the family business to continue the family’s mission.  

Some look outside for investment options.  If they created their wealth in a particular industry, they may possess a unique skill set that takes generations to learn.  This can have tremendous value for investing in similar businesses where others are not experienced nor interested.

Other offices create multiple internal operational companies that allow multiple layers of opportunity to grow for generations.  For instance, if a family created its wealth through real estate, they may have a management company, development operation, and together they build additional opportunities for the greater good of the family.

When to Create a Family Office?

Are you writing a check to charity that is greater than your executive assistants annual salary?  If so, it might be time to consider setting up the infrastructure to create a family office.

Traditionally an asset base between $100 to $250 million was considered the point of necessitating the need for a family office facilitate the transfer of wealth to the next generation.

Working with a Family Office

The best way to work with a family office is no different than you would another professional.  Build your relationship first. Once you have a relationship and trust is built, you will learn about the interest of the family and if your opportunity is a good fit.

For more information, contact:

Brian DeLucia

http://www.arrivatollc.com/

CREPN #175 – Passive Cash Flow from Raw Land with Mark Podolsky

Passive cash flow from raw land, how can that be?

Mark Podolsky, The Land Geek, has mastered the raw land deal.  Since 2001, he has done over 5,200 land flips, all across the United States that produce regular monthly cash flow.

Why Raw Land?

Raw Land has no renters, rehab, renovations nor rodents.  There are 3007 counties in the US with billions of acres of land.  There is very little competition. In the raw land market place, there are no hedge funds, no DIY TV shows “Flip this Land”, etc.   

The average return on investment is 300% on land flips and as much as 1,000% when he sells the land on terms.  

How does it work?

Your ideal situation is to find a distressed seller.  This is someone who does not live in the state who is delinquent on their property taxes.  They are clearly not emotionally attached to this property. To these identified prospects, Mark sends out an offer to buy their property.  

The “instant offer” is 25% of market value, including back taxes.  He finds that between 3 – 5% of his offers are accepted.

When a potential seller replies, Mark has systemized the due diligence for quick confirmation of

  • Ownership
  • Back taxes
  • Clear title
  • No breaks in chain of title
  • Compelling reason to own the property; what can you do on the property?

The ideal buyer of your new property is a neighbor to the property.  If that does not work, there are multiple online marketplaces, ie Craigslist & Facebook Marketplace that work exceptionally well

Because you are purchasing the property at a fraction of the market value, you are likely purchasing for cash.  With no bank or lender to answer to, you the ability to be creative with your sale.

The ideal land flip takes 30 days from purchase to sale.

Passive Cash Flow

The perfect sale is when you collect a down payment equal to what you purchased the property for.  For the balance, you can use a Promissory Note and Land Sale Contract, which is not subject to Dodd Frank.  

A land sale contract does not deed the property to the buyer until the contract is fulfilled.  This eliminates the need to foreclose. You can structure the promissory note for the buyer to pay monthly payments equal to a car payment for 84 months with 9% interest.  

Need help collecting on your land sale contract  promissory note? Mark has created Geek Pay which is available for you to use for payment collection.  He has learned to collect multiple forms of payment, checking account & credit cards, to ensure you get your regular payments.

That’s how you create passive cash flow.  

For more goto;

http://www.thelandgeek.com/

Free Course:

Thelandgeek.com/launchkit

CREPN #174 Cash Flow is Key with Daniel Ameduri

Cash flow from day one is the key to building generational wealth that provides you options regardless of market conditions.

Daniel Ameduri from Future Money Trends has been investing in real estate since he was 18 years old.  In a short time, he went from investing in properties that cash flowed to properties he hoped would appreciate in value.

When the market crashed, he lost those properties he was betting on for appreciation.  The properties that cash flowed from day one, continued to produce and increased their output while the market was falling.  

The lesson was learned.  Invest for cash flow and you will be free!

Cash Flow versus Saving

An asset that produces regular recurring cash flow is the goal for any investor looking for a way out of the need for a job.  A very simple plan, free from the hocus pocus of the stock market is real estate. For a modest down payment, you can purchase with leverage, a rental property.  The tenant pays the rent, the rent pays the mortgage. When the mortgage is paid off, you get all the rent.

Compare this to saving cash, and earning minimal if any interest in the bank.  You are way better off to invest in a tried and proven asset class like real estate.

Investing strategies for Cash Flow

Paid off real estate can be a tremendous base for your retirement future.   Simple Retirement plan: purchase multiple single family rental properties. Pay them off.  Cash flow for life. The key with real estate is time. So, the quicker you acquire, the sooner you will be free.  

Financing.  Unless you have an unlimited money supply, you will have to borrow to grow your real estate portfolio.  If you have strong credit, and a good W-2 job, you can qualify for conventional financing.

However, if you have lesser credit and financial qualifications, you will have to get creative.  

Seller Financing:  Look for property and a seller with a problem.  A property with a problem will not qualify for conventional financing.  The seller’s problem is an opportunity for you to negotiate a low price, and determine what the actual cost to repair the problem will cost.  A seller with a problem is more likely to agree to seller financing.

If they do not own the property out right, consider assuming their mortgage.  All conventional mortgages have a due on sale clause. However, Daniel has never heard of a performing mortgage be called by the lender.  So, this is your chance to take over an existing mortgage. Find out what the seller needs to allow them to move on. Most of the time, it is relatively little. 

For a few thousand dollars, you can own a property that has a mortgage, and you get the equity the seller has paid down.  

If you don’t want to keep the property, you can sell it.  You can offer to carry a mortgage. When the original sellers mortgage is still in place, you create a “Wrap Around Mortgage”. 

This is when your sell the property for more than you purchased it for.  The new buyer gives you a down payment. You collect their payment, and make the payment on the original mortgage you assumed.  The difference between what you collect and the cost to service the first mortgage is yours to keep.

For more go to:

https://www.futuremoneytrends.com/

Cash Flow Monsters:

https://www.futuremoneytrends.com/cash

CREPN #173 – Private Money Lending with Anthony Geraci

Private Money Lending is the debt side of real estate.  

So much of real estate investment information is about how to. How to find the property, raise capital, improve the property, improve operations, refinance and disposition for a profit.  Do you ever hear about the income the opportunity from the lender side of a real estate deal?

Anthony Geraci with Geraci Law specializes in working with private money lenders, from single property notes to hedge funds.  Real estate investors who lend rather than borrow.

Bank Lending

Traditional bank lending is not sexy.  Banks are main street. They are regulated.  With this comes built in limitations and risk tolerance allowed by regulators.  They like borrowers with proven credit history for buildings that are completed, occupied that provides a reasonable assurance of repayment. These properties provide the bank security.  They can lien the property with a mortgage, collect regular payments consisting of principal and interest.

If you have a low risk deal that fits the buttoned up model banks are looking for, you will receive a low interest rate after proving you and your deal are worthy.

Private Money Lending

A private money lender is designed for risk.  Often referred to as, hard money, for the risk they take and the rates they charge.  Many commercial private lenders structure their loans so that they are interest only.   

Because of the higher cost, private lenders are the option of choice for many real estate investors with a short term need to complete a project.  For some investors, private money may be a necessity due to poor credit. However, for most, the use of private money is a preferred over conventional lenders.   

Private lending is where sexy debt lives.  These are the option for investors with an idea to improve a property, ie fix & flip.  If you have a non conforming deal, a vacant building, a short term need for capital, or just don’t have the time to wait through the loan by committee process preferred lenders require.   

Risk and Reward for Private Money Lenders

The reward for private money lenders is significant.  To guard against the risk, it is imperative that the proper legal contractual protection be used for if, when things go wrong.  Each lender is unique and for this, the structure and offerings will vary depending.

Your legal team will advise you through all phases to manage the risk of your private lending business.  Like any business activity, setting up the proper entity is a first step. Additionally, private placement memorandums are needed when raising capital from investors and loan documents for use with your borrowers.  

When things go wrong; foreclosure, etc, your recourse is spelled out in the legal contracts signed by both parties.  For this reason, it is a must to work with legal counsel focused on real estate.

For more go to:

http://geracillp.com/

anthony@geracillp.com

https://nonconexchange.com/

CREPN #172 – Solo 401K with Bernard Reisz

Do you have a Solo 401K?  Are you self employed?

If you are self employed and do not have a 401k, there is still time to take advantage of the beneficial 2017 tax law to substantially fund for your retirement.

If you are not able to take advantage of a self employed 401k, check out our IRA episode for the options available to you: CREPN #171 – Checkbook IRA with Bernard  Reisz

Bernard Reisz with 401kcheckbook.com provides the education, structure and tools to help investors who are looking to take control of their financial future.  

2017 Tax Law Benefits

The 2017 tax code capped personal deductions for state and local taxes expensed on federal tax returns at $10,000.  This will likely increase your tax liability for 2018. However, you can take advantage of the new ways to lower your tax liability if you fund it before the end of the year.

If you are in business and generating profits, you can create a 401k for that business.  When you fund your 401K, it reduces your taxable income. If your company is set up to match, the match is an expense to the business which again lowers its taxable income.

The Qualified Business Income (QBI) Deduction is a new for the 2017 tax law.  It provides up to a 20% tax deduction for any qualified business income up to $315,000.  The amount of QBI reduces for taxable income above $315,000 for married filing jointly. Funding your 401K can help reduce your income and maximize the percent of QBI you are eligible for.  

Solo 401k

If you have no employees, the Solo 401K is ideal for you to maximize your retirement account funding.  The Solo 401k is the ideal candidate for the Checkbook 401K.

Unlike the IRA, a 401K is not required to have a financial institution as a custodian.  You are allowed to be the administrator and trustee. There is no requirement for a custodian.  

The maximum amount you can contribute to your Solo 401k and deduct from your taxable income is $55,000.  If you are over 50 yrs old, you can increase that amount to $61,000.

To contribute the maximum, you must:

  • Have net income equal to or greater than your contributions.
  • Employee deferral: $18,500 maximum.  This can be dollar for dollar of net income your company generates.
  • Employer Profit Share: 25% of company net income can be contributed.  To get the full $55,000 tax deduction, you will need to have $175,000 net income.   If you are an S Corp, you are limited to 25% of the W2 salary.

Either a traditional 401k or a can be used.

Traditional 401K; You receive a current income deduction for contributions.  The account grows tax deferred and is taxed at ordinary income tax rates when withdrawn.

Roth 401K: You receive no income deduction.  Contributions are after tax, but grow forever tax free.  There is no tax due when withdrawn.

Personal loans from your Solo 401K are allowed with few limitations:

  • No seasoning required.
  • Maximum loan percent 50% of the balance, with the maximum loan up to $50,000.
  • Pay back within 5 years with interest to your 401k.

You can set up an entity, LLC owned by your 401K to funnel your investments through.  This is ideal for purchasing real estate and provides significant asset protection.

When purchasing real estate inside your 401K, like the IRA, the loan must be non-recourse.  Unlike the IRA, your 401K can purchase real estate with leverage and avoid UDFI penalties.

    

For more go to:

401KCHECKBOOK.COM

bernard@resurefinancial.com

(212)259-9302

CREPN #170 – Qualified Opportunity Zones with Kathy Fettke

Qualified Opportunity Zones, a late add to the 2017 Tax Code, are designed to stimulate neighborhoods in need of investment.

Kathy  Fettke, author, investor, syndicator and host of RealWealth Show Podcast shares her views on the new tax law.  For investors with capital gains who are looking for a way to lessen their tax liability, this just might be the answer to your prayer.

Markets cycles are affected by supply, demand, interest rates, etc.  When needed, the tax code is a proven tool the government can use to stimulate growth and change the behavior of investors.  Opportunity Zones are the newest iteration for investors looking to lessen their taxes and get a better than average return on their investment.

Have a Capital Gain?

Do you have an unrealized capital gain?  Unlike 1031 Exchange, the Qualified Opportunity Zone is not exclusive to real estate investors.  All investors, who have taxable gains from the sale of stocks, bonds, business, real estate, etc are eligible.  You have up to 180 days from the sale that caused the gain to invest in an opportunity zone fund.

The opportunity zones are in neighborhoods needing a jumpstart.  New investment will likely not be a cash flow opportunity. Instead, over time, the expectation would be for significant appreciation.  It takes time to improve a neighborhood. The goal is to find a neighborhood with momentum that will attract other investors. If you find this, and you can be patient, the reward will be worth it.  

Disclaimer: The information presented is is for discussion purposes only.  

The QOZ details are developing.  It is up to YOU to engage a tax professional for advice on how to proceed and benefit.  

Where are the QOZ?

There are over 8,000 qualified Opportunity Zones in the US.  States had 90 days from the date of the act to apply to the US Treasury for zone status.  To find one near you do an internet search, “opportunity zone map”, or click: ttps://www.cdfifund.gov/Pages/Opportunity-Zones.aspx

How Qualified Opportunity Zone Works

  • To qualify, you must have taxable gains.  Ordinary income is not eligible.
  • Taxes on the original gain are deferred.  If you stay in the investment for 5 yrs and get a 10% discount on the tax owed.  Stay in the investment for 7 years, you you get a 15% discount on the taxes due, and 7 years to pay them.  
  • Bonus: if you stay in your new investment for 10 years, the subsequent gain on the new investment is TAX FREE; not subject to Capital Gains TAX!
  • So far, the use of a Qualified Intermediary is not recognized as a requirement.     
  • Your gains must be placed in a “Qualified Opportunity Zone Fund”.  This can be your fund, or in another’s fund, just not a single member LLC.
  • The “fund” must invest in a property located in a designated QOZ.
  • The property must be improved.  You can do new construction, or substantially improve an existing building.  Substantial improvement example:

Purchase Price: $1,000,000

Land value: -$  500,000

Existing Structure Value: $   500,000

Investment required to be substantial: $500,000

 

For more go to:

RealWealthNetwork.com

CREPN #169 – Multifamily Syndication Structure and Fees with Vinney Chopra

Multifamily Syndication Structure and Fees provide a significant opportunity to make money.  Who better to ask about the numbers than the sponsor of twenty-six syndications, Vinney Chopra.

To buy a large multifamily property through syndication, it takes the coordination of several like minded investors.  The General Partner, finds the deal, builds the team, and gets the commitment from the limited partners to invest in order to close the deal.  

Members of the LLC

The owner of the property is the LLC entity created specifically for this property at closing.  Members of this entity are the General Partner, sponsor, and the Limited Partners, investors. The range of ownership depends on the specific deal, but a split range of 20-40% for the General Partner and 80-60% for the Limited Partners is common.  The specific opportunities are spelled out in the private placement memorandum. The opportunities to make money are numerous for the Limited Partners including:

  • Distributions; this is from the operational cash flow.  Distributions can be tied to a preferred rate of return for the LP’s.  This payment can occur as frequently as monthly – quarterly. The LP and GP can participate in the excess over the LP’s preferred return on a predetermined percentage split.
  • Disposition: When the property is sold, the equity gain is split between the GP and LP based on the ownership split.   
  • Refinance: If the market supports it, a refinance can return the investors capital before selling the property.  

So what’s the reward for the General Partner?  Below are the various ways to get paid as the sponsor of a syndication.

Acquisition Fee

The acquisition fee ranges from 2 to 4% of the purchase price.  It is the sponsor’s reward for putting the deal together and raising the funds needed to close.  A good rule of thumb for the capital raise is 30-35% of the purchase price. The money raised will cover;

  • Down payment 20-25% of purchase price
  • Closing cost
  • Annual insurance
  • Annual taxes
  • Syndication Fee
  • Real Estate Legal Fees
  • Capital Expenses deferred maintenance ( more if significant improvements needed)
  • Acquisition Fee

Loan Sponsor “Enhancer” Fee

In order to borrow the funds needed to close the deal, the lender one investor guarantee the loan.  This individual must have a personal net worth greater than the loan amount. The fee for this obligation ranges from a flat fee to a percentage of the General Partnership.

Asset Management Fee

Throughout the course of holding the property, the asset manager is responsible for overseeing the property manager and any repositioning of the asset if a value add plan is to be executed.  A sponsor will also prepare and provide regular reports to investors on the property’s performance. The Asset Management fee is typically 1-2% of annual collected income.

Property Management Fee

If you have enough units, consider creating a property management firm.  This is an excellent opportunity to serve your investors and collect a fee.  Fees range from 4-10% of the total income collected depending on the size of the property.  When you are the property manager, you can negotiate better deals with your suppliers for the benefit of your investors.  

Refinance Fee

While operating the property, if the market supports, there may be the opportunity to refinance and return some equity to the investors.  The proceeds of the refinance are paid to the investors to return their investment capital. When you can return the investors original capital and continue to pay them a quarterly distribution makes investors happy.  The sponsor can charge a refinance fee, 1%, for doing the work necessary to complete the refinance.

Disposition Fee

When it’s time to sell the property, sponsor will charge 1 – 2% of the sale price.  The fee is for the work required to prepare the property for sale. This includes: conduct property tours, gather the broker price opinions from four different brokers, and meet with CRE Brokers.

For more, go to:

www.vinneychopra.com

Text: SYNDICATION to 474747

Multifamily Investment Syndication

 

Prior Multifamily Syndication episodes with Vinney Chopra

CREPN #145 – Why Multifamily Real Estate Investing with Vinney Chopra

CREPN #149 – Why Multifamily Syndication is a Great Option for Real Estate Investors

CREPN #153 – Building Your Multifamily Syndication Team with Vinney Chopra

CREPN #157 – How to Attract Capital & Communicate with Investors with Vinney Chopra

CREPN #161 – Multifamily Underwriting with Vinney Chopra

CREPN # 165 – Letter of Intent & Purchase Sale Agreement with Vinney Chopra