Updated 2 months ago on . Most recent reply
6-Unit Cash-Out Refi – Non-Recourse Options?
Hey everyone,
Looking for help for a client.
The deal itself is solid on paper but the borrower is in need of a non recourse option because he invested using his self directed IRA.
Property is owned by an LLC by two members - one member invested through a self directed IRA, other member is an individual.
Anyone able to help out or point us in the right direction?
Property is in Houston TX.
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This is really a structure issue not a lender creativity issue. Because IRA funds were used, any debt must be non recourse or it becomes a prohibited transaction for the IRA owner. That alone eliminates agency and most conventional banks especially with a mixed ownership LLC. You are realistically limited to specialty non recourse DSCR lenders, local banks or private credit that already lends to IRA-owned entities. Expect 50–70 % LTV, higher rates, and reserve requirements which Brett also mentioned.
From a tax standpoint, any cash out attributable to the IRA member must flow back into the IRA and the IRA share of income will be subject to UBIT due to debt financing. If long-term flexibility is the goal, restructuring ownership or buying out the IRA interest is often the only way to reopen conventional refi options. The deal can work, but it has to be underwritten as specialty debt not treated like a standard cash-out refi.
- Ashish Acharya
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