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Real Estate Law

Setting the Record Straight on Florida LLCs

by Clint Coons | August 10, 2010
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These past two weeks have resulted in an influx in calls from concerned clients regarding their asset protection structure in light of the Olmstead decision out of Florida.  I myself have written a few articles on this case over the past year and a half. (My latest can be found here on BiggerPockets)  However, as [...]

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Real Estate Investing

Real Estate Syndications: A Deeper Look

by Kyle Koller | October 12, 2009

In my last article, I described an investment tool—syndication—and how one could benefit from its utilization. Perhaps syndicating sounds appealing and you would like to know more. If that’s the case, read on and dig deeper into the little-known world of syndication.

In case you missed last week’s article, a syndication is simply a group of like-minded investors that pool their resources together in order to participate in investments larger than they otherwise would have been able to alone. In real estate applications, members within a syndication take ownership of an income property proportional to their capital contribution. Thus, if a $100,000 cash outlay is required purchase a property and syndication member Bob contributes $20,000 to the cause, he will hold a 20% interest in the property.

How to take ownership in real estate syndications

The theory of syndication is easy enough to understand. Where things start to get tricky is during the formation of the legal entity. I will discuss some of the commonly used ones in syndications.

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Real Estate Wholesaling

How to Close REO Wholesale Deals (Part 4 of 5): Using an LLC

by Stephani Davis | October 1, 2009

Today’s article is part four in a five part series, where I will be shedding light on the various methods available to close REO wholesale deals and get around the “No-Assignment” clause that most banks include in their addenda.

In weeks 1-3 I have discussed using simultaneous closings, quitclaim deeds, and double closings to get your REO wholesale deals to the closing table.

This week, I will be talking about using an LLC to wholesale your REO properties to your end buyer.

Using an LLC to Wholesale

If you decide to use this method to close your REO wholesale deals, you will be making your offer to the bank in the name of an LLC, creating the LLC if/when the bank accepts your offer, and then selling your membership/ownership in the LLC to your end buyer in exchange for your wholesale fee.  When using this strategy, you are not selling the actual property to your end buyer, but rather the LLC which owns the contract to purchase the property.

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Real Estate Law

Piercing the Veil: Holding Owners Liable for the Acts of the Business

by Greg Boots | May 7, 2009

While visiting the Starting Out Forum here on BiggerPockets, I read through a thread titled “LLC Controversy”. Instead of responding to the thread directly, I decided to write this blog to address a fundamental issue for every investor, myself included: Why even bother setting up a business entity if my assets will be attached from [...]

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