Investor · The Woodlands TX / Avon, CT · Member since 2009 · 6k+ posts · 10k+ votes
2h
We have a commercial property we’ve leased optioned at a rental rate of $3,750 per month triple net. The leasee has set up a November 14 closing date, with a sales price of $675,000, down payment of $150,000 and seller financing of the balance.
We have a note we purchased for $2,600,000 secured by property worth $7,500,000. The note has matured so the borrower is in default for that and a couple other reasons. We have agreed in principal to the borrower signing a deed in lieu over to us and he having an option to buy the property back over the next two years, with a return to us equaling 21% annual. The attorneys have been going at it for 3 weeks and making little progress. I’m beginning to think this is an attorney / attorney game to drive their fees skyward. The other possibility is that the borrower doesn’t actually want to sign the deed over, although he’s already paid us $300,000 NON REFUNDABLE earnest money. Although I’d like to have this completed and done I also realize should it “blow up” there’s a good chance we earn a lot more. But at my age who need 2 years of lawsuits, etc.
Attorney · 10451 Mill Run Cir #755 Owings Mills, MD 21117 · Member since 2024 · 349 posts · 127 votes
1h
Quote from @William Thompson:
Buy another property? Sell one? Refinance? Or finally get your books and tax plan in order?
With the final quarter coming up, the timing of a move can matter just as much as the move itself.
What’s at the top of your list before December 31? And have you checked the tax impact yet?
@William Thompson, one thing I always like to see investors review before year-end is whether their ownership structure still matches what they actually own today.
I've worked with investors who added properties, refinanced, opened new LLCs, or changed how a property was titled during the year, but their estate plan or business documents never caught up. Before December 31, I think it is worth checking deeds, LLC ownership, operating agreements, beneficiary designations, and the estate plan to make sure everything still works together. I like this question because year end planning is not only about taxes. It is also a good time to clean up anything that changed during the year before another one starts.