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All Forum Posts by: Adam Hershman

Adam Hershman has started 0 posts and replied 228 times.

Originally posted by @Brent Coombs:

@Adam Hershman, (first off, I haven't seen 'The Big Short', but I think I understand the premise, given that I remember nine years ago quite well).

You wrote: "First of all, a bank wouldn't buy a credit default swap as a speculative investment". But (again, don't know), weren't these guys acting OUTSIDE their Banks' modus operandi? ie. going rogue? And wasn't that the point? THEY could see what was coming before the Banks did?

And yes, insured people DO profit from car crashes, quite regularly. I get the drift that you were also pulling the script apart for using perhaps inaccurate terminology, but, in practice, you CAN sell stocks before you've even bought them - in anticipation of their price dropping before the date you agree to buy them. You get that, right? Why wasn't EVERYONE "shorting" a portfolio in 2007, and closing out their Accounts in late 2008?...

 Hey Brent,

First, So like I said, I did't have time earlier to tear it up point by point, but now I'm at home and I have a 6 pack of Fresh Squeezed and nothing but time

Second, if you haven't seen the movie and want to, don't read this as it will be a huge spoiler.

SPOILER ALERT

So yes, there are those in the movie who are shorting various CMO debt instruments. But they are the main focus of the movie, and are portrayed as the "Robinhood" types who are betting against big banks er..."wall street". So the premise of the movie is that these guys see the housing collapse coming and decide to bet against it, with Michael Burry leading the way and actually convincing banks to create CMO bond products. And Jared Vennett as a slick wall street broker who turns whoever Steve Carells character is onto the scheme in a classic "insider screws wall street for their greed, while making a huge profit" scenario.

(So here's my first rub...somehow, big banks buy an insurance policy, or a credit default swap on a CMO they are issuing. Yes they could buy CDSs speculatively, but they didn't and or wouldn't, I'll explain that later. But when investors or hedge fund managers (including Michael Burry who essentially created the CDS market on CMOs) decide to short CMO derivatives (not to be confused, CMOs are derivatives themselves, so derivatives of derivatives) that they requested the "wall street" banks create for them, for the purposes of shorting and costing the "wall street" bank money, they are they heros? Apparently heros for screwing the big "wall street banks" that were selling these CMOs? In fact these bets against CMOs were owned by wall street banks and accelerated the housing crash when it eventually came, not very hero-ish.

The movie follows these guys around as they do some research and find out that there are essentially massive amounts of either fraud or extremely lax lending standards that allow people to buy multiple houses that they can't afford. There is even a conversation with a stripper who owns 5 houses or something, all with ARM loans that she constantly refi's because the price of RE never goes down. Of course, in this move, she is the victim of a lying scumbag loan agent who feeds her all these lies and is ultimately another in the long line of those that suffer at the hands of...you guessed it "wall street".

That's where my second issue comes in, is there really no blame to be placed on homeowners/investors/apparently big short strippers who buy too much RE they can't afford? Everyone hates banks for being overleveraged, but not the individual? And the whole reason lending standards were relaxed was in an effort to drive lending or more quixotically "homeownership" that and the fact that EVERYONE LOVED CMOs. Literally...everyone...mortgage originators loved them because everyone was looking for loans to package into CMOs, effectively creating a bidding war for loans. Banks loved them because they were backed by an asset that hadn't declined in value in a century. Plus anyone packaging CMOs were making a nice fee doing so, which means investment firms loved them. Insurance providers (AIG) loved them because they could sell credit default swaps for assets that were backed by mortgages (again hadn't declined in a century) and collect a hefty fee for insuring what appeared to be an exceptionally safe asset, most of the time insured by Freddie or Fannie. Investors loved them because the returns were considered pretty exceptional for the amount of risk you took on. All of this did work from 1997-2005 and would have continued to work. The issue became "homeownership" had reached a saturation level, there just weren't any more people to sell primary residences to who could afford them. You know the story from there. 

So again, how is "wall street" evil here? If anything you could argue that mortgage originators and lenders were more to blame, countrywide my be owned by BoA now, but they weren't when they were writing all these crap loans. Again I have to question, if toxic CMOs are made up of toxic loans, is there really no blame to be laid on the people applying for these loans that are so toxic? Isn't it the very nature of the toxic loan that these people who applied for loans, with no coercion, were either too stupid or too dishonest to pay for their property when values declined? Look at it from a "wall street" perspective. You have a CMO, which is a bunch of different mortgage classes called tranches that are packaged together. These mortgages are insured by federal subsidized entities (freddie and fannie) for losses. The only real risk is that interest rates would drop substantially and homeowners would refi out of the mortgages that your CMO is made up of. Plus you get a substantial return considering the low risk. Obviously the unknown risk is eventually your CMOs will eventually see lower and lower quality loans, but how do you as a "wall street" bank know that? You're counting on a lender to tell you what the mortgage is, because you're not in the mortgage business, you're in the securitization business. By the way securitization works, only 5% of CMO mortgages defaulted for a loss, the reason the CMO market crashed was because of the fear in the market that CMOs would fail, effectively making the demand zero which any economist will tell you makes the value zero. Because "wall street" has tons of these CMOs on the books trying to sell them when the confidence crash happens, they are staring at billions of dollars of worthless securitized loans on their books. Stock prices collapse, credit markets dry up, queue the ensuing chaos of 2008-09.

Oh also, I said I would explain later that "wall street" wasn't buying CDSs as speculation. There was not a single "wall street" bank that had enough CDS coverage to zero their exposure to CMOs, in other words, the banks didn't even own enough insurance to cover their loses. That certainly doesn't seem like betting against CMOs.

Sorry that got away from me in terms of length...lol

Adam

Post: Question about 203k

Adam HershmanPosted
  • Las Vegas, NV
  • Posts 237
  • Votes 107
Originally posted by @Rose Davis:

I currently have a fha loan and i am getting it refinanced to conventional so that i can rent it out, does anybody know much about 203k loans and how they work?

 Hey Rose,

This http://portal.hud.gov/hudportal/HUD?src=/program_o... is a good place to start for information. Basically a 203k is almost identical to your current FHA loan (because your current FHA loan is most likely a 203b), in fact the 203k is a FHA loan, but you can finance up to $35,000 in repairs into your mortgage. The down payment and credit score minimums are similar to a traditional FHA loan, so if you qualified for your current loan, and haven't had any credit issues since, you should be able to qualify for a 230k.

Of course because it is a gov sponsored loan, there are all kinds of rules and criteria you need to adhere to. You must make at least $5,000 in repairs, there are mortgage limits that very by location...

go here to see what the limits in your area are

https://entp.hud.gov/idapp/html/hicostlook.cfm)

You will need to submit plans and estimates for repairs with your loan application, and they will need to be approved by the lender, etc.

Hope that helps

Adam

Originally posted by @Bob Malecki:

If anyone who is newer to note investing needs a refresher course on what caused most of the NPLs we buy to be available, read The Big Short or go see the movie. Fascinating how corrupted Wall St. brokers and rating agencies can topple a housing market. 

Dr. Michael Burry, the neurologist in residency turned hedge fund manager with a glass eye (played by Christian Bale in The Big Short) was the first money manager with the vision to see the subprime mortgage meltdown coming and was able to short the CDO bonds and earn his fund over $2 billion. 

In a compelling 2011 lecture for Vanderbilt University, Burry laments that no one has taken responsibility for the subprime financial crisis. He proceeds to name the multiple guilty parties and practices which created the crisis. He calls out Henry Paulson’s convenient change of role, from head of Goldman Sachs – which continued to sell toxic CDOs (collateralized debt obligations) to their clients even as the bank itself was betting against the CDOs itself – to the Treasury Secretary who helped preside over the bailout. Burry defends against the accusation that the money managers who saw it coming were somehow the cause of it.

Watch Michael Burry’s passionate lecture below, “Missteps to Mayhem:”

https://www.youtube.com/watch?v=fx2ClTpnAAs

The Big Short is a fascinating real-life story on how greed and complicity caused a worldwide financial meltdown. This has resulted in an opportunity for us small note investors to help "heal" the wounds of this event, help borrowers if possible and make a profit in doing so. 

 Sigh. Hence the reason why I hated The Big Short. It's told from a completely biased viewpoint, and skews facts to make it seem as though they are right. Just for a quick example (because I'm at work and don't have time to tear down the movie point by idiotic point)...

People think that Wall Street was greedy because they were "betting" on CMOs defaulting. How do you figure this? Because they bought credit default swaps...so they were hoping that the assets would fail. That is the most backwards reasoning I have ever heard. First of all, a bank wouldn't buy a credit default swap as a speculative investment. They purchased credit default swaps as insurance. How do you insure against losses when you need 30 days on the books to package your securitized product? You buy a default swap. 

Essentially saying CDSs were proof that Wall Street was betting against CMOs is like saying you profited from a car accident. Why? Because you had car insurance, so you must have been betting on a car crash.

Adam

Post: OR Land Grab & Eminent Domain: a Blow to Homesteads & Where Next?

Adam HershmanPosted
  • Las Vegas, NV
  • Posts 237
  • Votes 107

I'm not sure what the point of the post is, but I would caution you against believing what this crackpot is spouting. This guy can't even get a coherent thought together, for example...

"The Bundy forces are in the community visiting ranches and correcting the abuses of the BLM and the EPA" - Wrong. Even the Hammonds (the family that they apparently went  to OR to help) have said they want no association with the Bundy gang. Same is true for the vast majority of land owners and ranchers in the area.

"It is the Obama administration that is anti-government." - Um What? How completely brain dead is this guy...Does he also believe that Rand Paul is an imperialist?

"Anyone who opposes the use of unconstitutional tactics against the American people is anti-government." - Again this guy is either illiterate or utterly stupid. How could someone who disagrees with using unconstitutional tactics anti government. He is essentially calling himself anit-government at this point, as he opposes the use of unconstitutional tactics against the american people.

"Fox and CNN are part of the movement to supplant the Constitution of the United States. Their daily reports which characterize Ammon Bundy, Pete Santilli and the rest of the Bundy camp as being gun-toting revolutionaries looking to shoot government agents is not only a blatant lie, representative of the worst of yellow journalism, but Fox and CNN are the propaganda arm of this administration’s desire to overturn the Bill of Rights while they impose their “Bill of Wrongs”" - Again Fox News being part of a liberal movement to supplant the constitution? I'm sure he believes Trump is running as a democrat as well.

"We are watching history in the making. What happens in this Oregon stand-off is pivotal for property rights and the freedom to peaceable assemble in the future" Peaceable Assemble? Does he mean peaceably assemble? Don't get me wrong everyone makes mistakes, but if you're in the business of words (as he is a blog writer) then you should probably learn what grammar and syntax are. Additionally, I wonder if he would call the police if we all decided to "peaceable assemble" in his living room. Maybe he forgot that there are constraints on the right to assemble such as time, place, and manner regulations as well as requirements to obtain a permit when public saftey would be a concern. 

These Bundy A**hats are criminals, and those that support them are either insanely misinformed or down right dumb.

Post: Self Directed IRA liabilities, LLC, and tax issues

Adam HershmanPosted
  • Las Vegas, NV
  • Posts 237
  • Votes 107
Originally posted by @Philip Klinck:

So I know I can protect my full IRA by setting up LLCs that buy property that the IRA buys. But, then the rent than comes into the LLC would be taxed and then sent to the IRA. So is there a better way to protect your IRA cash and property portfolio from lawsuits on 1 property?

 Hey Philip,

Actually, because your LLCs will only have one owner (your IRA) they will be considered pass through entities for which the owner assumes the tax liability. Because the "owner" of the LLC is your IRA ( a tax exempt entity) there will be no taxes due.

Hope that helps.

Adam

Post: Syndication vs REIT

Adam HershmanPosted
  • Las Vegas, NV
  • Posts 237
  • Votes 107
Originally posted by @Matt Peebles:

If I were to establish a REIT, does that fall under FINRA, SEC, or other regulation? Is syndication a way around regulation? How do these two approaches compare?

 Hey Matt,

Yes a REIT would be regulated by the SEC, and you would have to be FINRA compliant if you wanted to have the REIT be held by investors at a FINRA member firm. That being said, I think there are some pretty major roadblocks to you establishing a REIT. I could be way off base here, and if I am I apologize, but even starting an unlisted (or non-traded/non-public) REIT requires quite a bit of capital, management, and marketing.

Some things that might be roadblocks above registering with FINRA and the SEC

First - You will need to find someone who is FINRA series 7 and 66 (potentially 6, 63, and 65) licensed to be able to sell the REIT. You will also need someone who is FINRA series 24 licensed as a principal to oversee said salesperson.

Second - You will need to have a minimum of 100 shareholders, additionally no more than 50% of shares can be held by 5 or fewer people. Essentially that means that you will need to find 95 people to collectively own 50% of your REIT.

Third - You must be a taxable Corporation entity, and you must be managed by a board of directors or trustees. And you must distribute 90% of your taxable income to shareholders on an annual basis. Meaning you have a 10% of taxable income cushion to pay for the administration of the REIT.

Syndication would be similar, albeit a bit easier, and potentially less regulator registration, but not much. You could potentially be exempt under blue sky laws, and it would solve the problems of needing a lot of investors but it's been too long since I took the FINRA exams to remember that much.

Best thing to do is speak with a securities attorney - as always consult the experts.

Adam

Post: Misunderstanding

Adam HershmanPosted
  • Las Vegas, NV
  • Posts 237
  • Votes 107
Originally posted by @Ryan Miller:
Originally posted by @Adam Hershman:
Originally posted by @Jacob Buchanan:

I am having trouble grasping the general idea of wholesaling. Any help??

 Hey Jacob, 

Generally wholesaling is finding a suitable investment property, contracting to purchase it effectively taking it off the market, and then marketing that property to your buyers to assign them the contract allowing them to purchase the home. Essentially it's similar to flipping houses, except you never actual own the property, and you don't do any repairs. Another way to look at it is, a wholesaler does the leg work of finding the right property at the right price and taking advantage. He then turns around, before closing on the house, and assigns the contract to an investor for a profit.

Although I could be completely wrong. I think wholesaling is sketchy so, I tend to stay away from it. But BP does have a guide, you can read it here: https://www.biggerpockets.com/renewsblog/2006/11/2...

Adam

Nothing sketchy about it unless you're sketchy.    

 Well thought out post. I suppose it is just my predisposition to not trust someone acting as a broker with no license by using loopholes and alternate language to skirt the law. I suppose if you had a RE license and were up front with sellers that you never intend to buy their property and only intended to tie up their property while marketing it at a higher price to other buyers then you may be on the level. 

But other than that, yes wholesaling is kinda sketchy...in fact it's illegal without a license in at least one state. Again you can always try and skirt the rules, and try to figure out how to word your commission so that it's not a commission, when everyone knows it's a commission, but I just don't see why you would want to risk it. 

Adam 

Originally posted by @Lisa Gerard:

Through my SDIRA I've invested with a company that now is asking me to fill out a W9 form and will presumably then send me a 1099 for the earnings last year.  I'm not sure if I should fill it out with my name and social security number or "SDIRA for Lisa Gerard" and social or if it should be made out to the custodian.  Anyone out there now the nuances of this stuff? 

 Hey Lisa,

This is semi complicated. First of all the investment company should have had you fill out the W9 when you invested, but that is a moot point. Additionally you should be filling out a W9 for your SDIRA custodian, as generally the investment will be coming from them for your benefit. Your IRA custodian is the technical owner, hence the titling on the account as "Trust Co as custodian FBO you." Generally the 1099 will come from your trust company, but as the actual company you invested in is sending you a w9, it seems that is a moot point as well.

You should fill out the W9 with your information, as you will be the investor, and the company you invested with should know that the funds came from your IRA. That being said, a lot of small companies that solicit investments from SDIRA account owners aren't exactly securities or tax savvy, so you will want to make sure that they send the correct 1099 with the SDIRA account information as the owner, to avoid tax complications.

Adam

Originally posted by @Account Closed:

So I have a tenant moving out at the end of the month and is not open to allowing me to show the house to pre-screened potential tenants in a supervised fashion with a totally flexible schedule.  I explained to her that she needed and got the same cooperation from the previous tenant but is unwilling to play ball.  The next go around I am adding verbiage in the lease to avoid this as much as possible.  I am considering posting a 24 and 48 hour notice for entry and threatening or executing my rights under RCW 59.18.150 (6) Washington State Residential Landlord-Tenant Act, provides as follows:

“The tenant shall not unreasonably withhold consent to the landlord (or manager) to enter the dwelling unit at a specified time where the landlord has given ... notice...”

for un-cooperating tenants.  I know it's unlawful to deduct the deposit for days she has off the market although other do.  

Any advice on 

(1) how other avoid this scenario in there lease and 

(2) how to proceed with the current tenant.  

Thank you for your consideration. 

 Realistically you can add information to the lease regarding showings, but for me this has always been a cost of doing business, for me, the landlord. You have a property that someone is renting, and that person expects (as I would) that they would have privacy. I don't want people touring my house with all of my belongings in it, even if my landlord was with them. No offense but I assume you don't have any loss prevention training or experience, and I assume you won't want to take on liability if something in my house does go missing while you show it. 

Again that's just my opinion, but consider this...How would you feel if you rented a car, and then were told that you needed to have someone look at the car you rented, because these people are the prospective next renters? It doesn't matter how convenient they try to make it for you, I would still feel slighted that I paid to rent this car, and they want me to pay them to show it to another renter. Tenants pay you to rent a property, and then you ask them to allow you to inconvenience them in order for you to maximize your profit? While they are paying you? Just seems a little off.

Originally posted by @Jessie Niu:

I read that for any contractors who did work exceeding $600, the investors need to send them 1099. I just bought my first rental end of last year and are still rehabbing it, hasn't rented it out yet. I don't have a LLC and only do this on the side, do I still need to issue 1099? I asked couple of investors and they said "No". I will ask my CPA, but he is not a RE CPA, still waiting for his response. Does it vary on different states?

Thank you!!

 Hey Jesse,

Your CPA should be able to clear this up for you. I'll try to help but I'm not sure what the actual situation you're in is.

You would only need to send 1099s to someone if you contracted them as a contract employee. For example, if you were rehabbing a house under a business name, and subcontracted a plumber to do work in your property, you would need to issue a 1099 to him for work over $600. On the other hand, if you have a rental house, that is in your personal name, and you had a plumbing problem and called a plumber to do work, that would not require a 1099, and would be similar to calling a plumber to your primary residence. Basically 1099s are used to report when you aren't paying payroll tax, but are "employing" someone.

Hope that helps.