How To: Cash out 1-4 unit Property

How To: Cash out 1-4 unit Property

Andrew PostellPro Member
Lender · Fort Worth, TX · Member since 2016 · 8k+ posts · 6k+ votes

Receiving a cash out loan on an investment property can be a very confusing item. This post is designed to bring some clarity to taking cash out of a property with a conventional loan and help you navigate the sometimes-challenging cash out rules for properties. Admittedly, this post will probably be for the mid-level to expert level investor. There could be some important items in here if you are just starting out but it might get confusing in a hurry. If you have any questions, then please reach out. Lots of people on this forum can answer questions and many are very helpful individuals.

We will cover:

  1. The conventional rules for a cash out loan
  2. Buying a home with cash
  3. How to properly structure buying a property with cash

1.  The Conventional Rules For a Cash Out Loan

Fannie Mae and Freddie Mac are the Government Agencies that sponsor conventional lending. Most banks will have these loans as an option. There are other loan types as well but for brevity we will limit this post to the “Conventional” lending (Fannie/Freddie).

  • Conventional Loans limit your cash out on an investment property to 75% of the “After Repair Value” on a Single-Family home (70% on a 2-4 unit home). This is also the same percentage that you need for a non-cash out refinance (more on why that is important later).
  • If you purchased the investment property with a loan, then conventional loans will require you to wait 6 month to take cash out.
    • This rule does not apply if you purchased the home with CASH (more on that in section 2).

Let’s explore some examples here:

  • If you purchased a property with a 15% down conventional loan (85% loan to value) and you wanted to get cash out, you wouldn’t be able to do so since the cash out limit is 75% of the “Loan to Value”. The MAXIMUM cash out you can receive is 75% of the value of the property.
  • If you purchased a property with a loan, but did the rehab on with your own cash, then you would need to wait 6 months to get that cash back. Keep in mind you could only receive 75% back of the After Repair Value.  
    • So if you bought a home with a loan of $50k, it required $30k in renovations, and it appraised for $100k after the repair work was complete then….
      • You would refinance the $50k loan, receive back $25k in cash…since $75k would be 75% of the After Repair Value.

2.  Buying a home with Cash

Buying a home with cash has become increasingly popular for many investors but often an investor will be caught with the restrictions to cash out loans if they need to get their money back. There is a plan to avoid this entire section (In section 3) but it is important for us to know about these restrictions. If an investor is buying with cash and flipping they get their money back when they sell the property. But if they are seeking to hold a property for any length of time and want their cash investment back there are some important rules to understand with conventional loan:

  • If you buy a property with cash (or with a HELOC) you can receive a cash out loan on Day 1.
    • There is not a 6 month waiting period with receiving a cash out loan if you purchased a home with cash or with a HELOC
    • BUT you will be limited to the amount of….
      • Your purchase price + closing costs (costs when you purchased the home)
      • OR
      • 75% of the “After Repair Value”…

WHICHEVER IS THE LOWER AMOUNT (super important)

These rules are important to understand so here are two examples:

  • Example 1: If you purchased a home with $50k of cash, and put $30k of renovations into the loan, and the home was worth $100k. 75% is $75k and $50k is your purchase price. So you could only receive $50k in your first 6 months of ownership since the LOWER amount is your purchase price. After 6 months you could receive the full 75% of the ARV.
  • Example 2: If you purchased a home with $80k of cash, put $5k into the home, and the home was worth $100k. 75% would be $75k and your purchase price is $80k…so the lower amount is $75k.

When buying a home with cash you can absolutely get cash back right away but you will be limited to the lower of those two amounts.

3.  HOW TO PROPERLY STRUCTURE BUYING A HOME WITH CASH

With these rules, you can see how it can be confusing to get conventional lending when buying a home with cash but there is absolutely a proper method to structuring your deals when buying cash. Here’s the secret:

  • Create an LLC and have the LLC lend you a mortgage on the property you are receiving.

The reason why this works is because instead of you needing cash or receiving a cash out loan, we are now refinancing a loan – your loan. There no reason to wait any time or have any “whichever is lower” rule come into play. We are just refinancing a loan.

Here’s how it works:

  • You create an LLC
  • You buy a home
  • Your LLC gives you a loan for the home
  • You file the deed for that loan at the county courthouse
  • You use the money from the LLC to buy and fix up the property
  • Once the property is completed, your conventional lender comes to refinance the loan
  • Your conventional lender runs title and sees there is a loan.
  • Your conventional lender refinances you into a new loan, and cuts a check to your LLC…a check in the amount of 75% of the value.

Please don't confuse this 75% with a "cash out" amount. The non-cash out LTV on a refinance is also 75%. We are refinancing a mortgage. Your LLC's mortgage. Essentially your LLC has become the bank/hard money lender/etc. However you want to think about it. You get to set the interest rate (it can be 0%) and you get your investment amount back sooner.

Some things to think of:

  • To file a deed at the county courthouse is $100-$150 in cost (depending on which county)
  • And you want that note to be pretty close to 70% of the ARV for the property if you don't want to bring any money to closing. 70% will allow you to roll in your closing costs. If you want it to be at 75% just keep in mind you would need to bring your closing costs out of your pocket to complete the refinance.

This was a lot of information. Feel free to ask additional questions if you need. Thanks!

253Reply
4,039 views

Most Popular Reply

Contractor · Los Angeles, CA · Member since 2015 · 887 posts · 323 votes
9y

@Andrew Postell thank you for posting this. Great info and well put together. All the best to you.

Jorge

See this reply in the discussion

456 Replies

Jump to latestLatest
  • Andrew PostellPro Member
    OP
    Lender · Fort Worth, TX · Member since 2016 · 8k+ posts · 6k+ votes
    1y

    @Aman Thind thanks for posting!  My phone number is in all of my signatures so feel free to call me directly if you want to talk anything through - and this goes for everyone.  Here to help!

    Now, to answer your questions:

    - I am currently under contract on a property that I'm buying cash. I plan to fund my LLC with the cash required to close. If I am to do this strategy with LLC acting as lender, the money has to flow from LLC's checking --> closing attorney right? - That is 100% correct.  Comes from your LLC bank account to the closing table. Either in check form or from wiring it in.

    - I understand the closing attorney will help record a mortgage with LLC as lender (looks like NY & CT and "mortgage states", not "deed of trust states"). In addition, will the closing attorney also draft a promissory note or is that something we would have to do ourselves? - I would say that the closing attorney could draft it.  Now, the note is NOT a requirement by Fannie/Freddie.  So, the note is just up to you and the attorney.  If the attorney states you don't need it, then it's fine.  If the attorney states you do need it, then it's also fine.  But when you go to refinance with your Fannie/Freddie lender (you are prequalified to do so, right?) they will not require a "note" to refinance that loan.  

    - I think you mentioned above that the refi lender would know that the LLC is owned by us. Assuming one has an anonymity compliant LLC (i.e. members/managers are not public), would there be any utility in not disclosing LLC ownership to the other parties (closing attorney and refi lender)? E.g. just saying the LLC is a "private lender" or something like that? - Truly, it doesn't matter.  In some states, members and managers ARE public.  And it some states they are not.  But in either case, company docs won't be necessary and you can certainly not disclose it or...disclose it.  It doesn't make any difference either way because it's not a prohibited action to borrow money from a company you own.  They will ask for the name of the lender and the email to contact them, so they will see that part eventually but again, not a big deal (as long as that lender is familiar and friendly to investors).

    - When I am ready to refinance, will the refi underwriter explore all money trails (statements etc.) of money flowing from our personal account --> LLC business account etc.? Also, do they typically ask for LLC documents like bank statements, operating agreement etc? - Maybe, I can't speak to every lender here (there are 8,000 of them) but if they are investor friendly they should only want to see that lien on the HUD/Closing Statement/Closing Disclosure.  Now, if you are using a bank statement that is over your "large deposit threshold" for Fannie/Freddie, then that would have to be sourced.  But generally speaking, if the lien is on the original closing doc, you are good.

    - When figuring out the payoff amount, will the lender simply talk directly to us as LLC members to give them that information or will they look up publicly available contact information on the LLC and try to reach out to an LLC rep that way? - Yeah, they will ask you for your private lender's contact information.  And then someone at the company will need to complete 2 forms (one of them is the payoff).  It's up to the closing attorney to insure the transaction...so as long as they are good with the payoff (one of the forms), then that means they will clear the lien off of title, and that's what the lender wants.  The lender will want to see that the mortgage is paid on time and some other smaller things (that's the 2nd form) then you are good to refinance.

    Just trying to figure out if we should try to segregate our identity as the 'refi borrower' and 'representative of the original lender', or if the lenders are indifferent on that. - Sometimes people will use the spouse as someone else to complete those 2 forms.  By rule, you cannot validate if you are making your own payments on time...because everyone would say "oh, sure, I'm paying on time".  That's why it has to be someone else to complete those 2 forms.

    - You said in one of your posts that refi lender would care about terms of the original loan from LLC (12 month, balloon etc.). Since they normally don't have access to the note, how do they know what the terms for the loan are? - That's provided on one of those 2 forms I mentioned above.  The terms of the loan go on one of those forms.

    - If the refi lender asks for "mortgage statements", will they be satisfied to hear that this is a zero-interest loan an no payments are due until 12 months? - Correct, they should be satisfied with those forms above.

    Thanks!

    • Member since 2024 · 5 posts · 3 votes
      1y
      Quote from @Andrew Postell:

      @Aman Thind thanks for posting!  My phone number is in all of my signatures so feel free to call me directly if you want to talk anything through - and this goes for everyone.  Here to help!

      Now, to answer your questions:

      - I am currently under contract on a property that I'm buying cash. I plan to fund my LLC with the cash required to close. If I am to do this strategy with LLC acting as lender, the money has to flow from LLC's checking --> closing attorney right? - That is 100% correct.  Comes from your LLC bank account to the closing table. Either in check form or from wiring it in.

      - I understand the closing attorney will help record a mortgage with LLC as lender (looks like NY & CT and "mortgage states", not "deed of trust states"). In addition, will the closing attorney also draft a promissory note or is that something we would have to do ourselves? - I would say that the closing attorney could draft it.  Now, the note is NOT a requirement by Fannie/Freddie.  So, the note is just up to you and the attorney.  If the attorney states you don't need it, then it's fine.  If the attorney states you do need it, then it's also fine.  But when you go to refinance with your Fannie/Freddie lender (you are prequalified to do so, right?) they will not require a "note" to refinance that loan.  

      - I think you mentioned above that the refi lender would know that the LLC is owned by us. Assuming one has an anonymity compliant LLC (i.e. members/managers are not public), would there be any utility in not disclosing LLC ownership to the other parties (closing attorney and refi lender)? E.g. just saying the LLC is a "private lender" or something like that? - Truly, it doesn't matter.  In some states, members and managers ARE public.  And it some states they are not.  But in either case, company docs won't be necessary and you can certainly not disclose it or...disclose it.  It doesn't make any difference either way because it's not a prohibited action to borrow money from a company you own.  They will ask for the name of the lender and the email to contact them, so they will see that part eventually but again, not a big deal (as long as that lender is familiar and friendly to investors).

      - When I am ready to refinance, will the refi underwriter explore all money trails (statements etc.) of money flowing from our personal account --> LLC business account etc.? Also, do they typically ask for LLC documents like bank statements, operating agreement etc? - Maybe, I can't speak to every lender here (there are 8,000 of them) but if they are investor friendly they should only want to see that lien on the HUD/Closing Statement/Closing Disclosure.  Now, if you are using a bank statement that is over your "large deposit threshold" for Fannie/Freddie, then that would have to be sourced.  But generally speaking, if the lien is on the original closing doc, you are good.

      - When figuring out the payoff amount, will the lender simply talk directly to us as LLC members to give them that information or will they look up publicly available contact information on the LLC and try to reach out to an LLC rep that way? - Yeah, they will ask you for your private lender's contact information.  And then someone at the company will need to complete 2 forms (one of them is the payoff).  It's up to the closing attorney to insure the transaction...so as long as they are good with the payoff (one of the forms), then that means they will clear the lien off of title, and that's what the lender wants.  The lender will want to see that the mortgage is paid on time and some other smaller things (that's the 2nd form) then you are good to refinance.

      Just trying to figure out if we should try to segregate our identity as the 'refi borrower' and 'representative of the original lender', or if the lenders are indifferent on that. - Sometimes people will use the spouse as someone else to complete those 2 forms.  By rule, you cannot validate if you are making your own payments on time...because everyone would say "oh, sure, I'm paying on time".  That's why it has to be someone else to complete those 2 forms.

      - You said in one of your posts that refi lender would care about terms of the original loan from LLC (12 month, balloon etc.). Since they normally don't have access to the note, how do they know what the terms for the loan are? - That's provided on one of those 2 forms I mentioned above.  The terms of the loan go on one of those forms.

      - If the refi lender asks for "mortgage statements", will they be satisfied to hear that this is a zero-interest loan an no payments are due until 12 months? - Correct, they should be satisfied with those forms above.

      Thanks!


       Thank you, sir!

Join the conversationCreate a free account to reply, vote on answers and follow this thread.