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All Forum Posts by: Costin I.

Costin I. has started 62 posts and replied 955 times.

Post: Using Conventional Loans While Still Protecting Yourself

Costin I.Posted
  • Rental Property Investor
  • Round Rock, TX
  • Posts 984
  • Votes 959

If you are a new investor, probably you will not have a lot of assets and/or equity to worry about (but even that is relative and subjective to each person tolerance to risk) so I would not worry about that till you pass that risk threshold (in my opinion 100K+ in equity, maybe 50K if you are really risk adverse). Regardless, you need to implement insurance and proper management procedures, regardless of how many assets and equity you have. So, learn about that first - and a good point to start is a Nolo book (https://www.amazon.com/Every-Landlords-Property-Protection-Guide/dp/1413307000/) mentioned in the doc, it will explain about insurance, how to evaluate insurance, and then about property management, property code, proper leasing and all the way to LLC and hiring.

Think of it as levels of protection. Kinda like, one house, get good insurance and umbrella policy. Two houses, make sure you don't have holes in your property management. Three houses and 100K equity, start looking into strategic asset protection. Four houses, establish holding LLC and separate operations into a management LLC. Then couple it all with your estate planning and protection from outside attack.

You can do that from the begining, but might be overkill (since you'll have to learn to properly manage an LLC and there will be some costs associated). Of course, you'll be much better protected, but will it be neccessary if you don't have much equity to protect?

Things change if you have a profession where you need to worry about asset protection from the beginning.

I can send you my notes from the rather lengthy research into the question of asset protection.

Post: Real Estate Experience Attorney, Baltimore MD - Asset Protection

Costin I.Posted
  • Rental Property Investor
  • Round Rock, TX
  • Posts 984
  • Votes 959

Not local, but good, might at least contact him and have a conversation: @Scott Smith.

Watch https://www.biggerpockets.com/renewsblog/2015/02/12/bp-podcast-109/

Post: W-2 investor looking for evening/weekend meetups - suggestions??

Costin I.Posted
  • Rental Property Investor
  • Round Rock, TX
  • Posts 984
  • Votes 959

First meeting will be April 22nd. See the event details.

Post: How to Invest in Real Estate while working a full time JOB

Costin I.Posted
  • Rental Property Investor
  • Round Rock, TX
  • Posts 984
  • Votes 959

1. How to Invest in Real Estate while working a full time JOB (30 minutes)

2. The Long View Profile (15 minutes)

Post: Rental properties and law suits

Costin I.Posted
  • Rental Property Investor
  • Round Rock, TX
  • Posts 984
  • Votes 959

Here, a whole thread on your question #1: Asset-protection does-it-even-matter.

Post: Rental properties and law suits

Costin I.Posted
  • Rental Property Investor
  • Round Rock, TX
  • Posts 984
  • Votes 959

Your questions, my opinions:

1) What will be typical scenarios where tenant files law suits? Plenty scenarios - like @Carl Fischer said, "anything and everything-trips/falls, illegal leases, discrimination, escrow handling, bed bugs", mold, fraud, etc.

2) So is it better to buy only in landlord friendly states? Is better and easier, at least till you become an experienced landlord.

3) Should we protect all assets under LLC? You should have an asset protection plan in place once your equity and tolerance risk requires it. 

@Ashish Acharya

My opinion/recommendation would be to apply the "2% rule" - the cost of setting up and maintaining your asset protection should be less than 2% of equity you are trying to protect. Let's say, it costs you 1.5K to get your structures in place (holding LLC or Series-LLC, with or without land trusts, with or without separate operations LLC) and 0.5K per year (for maintaining the LLC properly, bookkeeping, lawyer and CPA, etc.) for a total of 2K. You should have 100K or more in equity to protect before it makes sense to spend that money - compare that with how much you spend in annual insurance for the same property/equity.

@Ashish Acharya gave you good advice on the various ways distribution per LLC should be.

4) What if we have multiple single families in different states? It will complicate things, and be expensive if you are in CA (but there are ways to deal with that too, you need to consult an expert), but the same principles apply.

5) Do we need to take umbrella insurance? Yes, you do, but that is just another tool/layer in your asset protection strategy. Insurance is not going to protect you at all times.

There is no absolute answer and unique tool/strategy in anything real estate. You need to learn how to use all the tools available to you (financing, insurance, management, etc.) and to understand how they fit together in your toolbox, as none will give you everything (e.g, insurance is required and it will cover you for many situations, but not always; asset protection (LLC) is litigation insurance and complements regular insurance, by minimizing the target and making it unappealing).

If you are a new investor, probably you will not have a lot of assets and/or equity to worry about (but even that is relative and subjective to each person tolerance to risk) so I would not worry about that till you pass that risk threshold (in my opinion 100K+ in equity, maybe 50K if you are really risk adverse). Regardless, you need to implement insurance and proper management procedures, regardless of how many assets and equity you have. So, learn about that first - and a good point to start is a Nolo book (https://www.amazon.com/Every-Landlords-Property-Protection-Guide/dp/1413307000/) mentioned in the doc, it will explain about insurance, how to evaluate insurance, and then about property management, property code, proper leasing and all the way to LLC and hiring.

Think of it as levels of protection. Kinda like, one house, get good insurance and umbrella policy. Two houses, make sure you don't have holes in your property management. Three houses and 100K equity, start looking into strategic asset protection. Four houses, establish holding LLC and separate operations into a management LLC. Then couple it all with your estate planning and protection from outside attack.

You can do that from the begining, but might be overkill (since you'll have to learn to properly manage an LLC and there will be some costs associated). Of course, you'll be much better protected, but will it be neccessary if you don't have much equity to protect?

Things change if you have a profession where you need to worry about asset protection from the beginning. 

I can send you my notes from the rather lengthy research into the question of asset protection.

Post: Series LLC or Just LLC's? / Local CPA who invests in RE?

Costin I.Posted
  • Rental Property Investor
  • Round Rock, TX
  • Posts 984
  • Votes 959

Sounds complicated and different from the original question. I'm not sure I understand exactly your scenario, so I can't offer an opinion. 

The LLC is a legal entity that gives you asset protection. The land trust gives you anonymity, and maybe some title insurance transfer savings and DOS avoidance, but no protection and no tax advantage. Taxation is a different domain, and so is insurance. They all are tools you need to learn how they work together and wield them accordingly.

Post: W-2 investor looking for evening/weekend meetups - suggestions??

Costin I.Posted
  • Rental Property Investor
  • Round Rock, TX
  • Posts 984
  • Votes 959

BP is very restrictive on posting about meetups - as you can see many posts were removed for including links to external meeting sites. The only way I was instructed to relay that kind of information is through the Marketplace and you can see the event I created above. 

Our group has 26 members already and we created several polls, including one for what day&time works best.

@Account Closed

Post: How to transfer a property from s-corp to LLC

Costin I.Posted
  • Rental Property Investor
  • Round Rock, TX
  • Posts 984
  • Votes 959

Transferring the property out of the S Corp, the IRS treats this transaction as a “sale. - as detailed in Owning Rentals in an S Corporation Might Be a Costly Mistake: Here’s Why blog. You need to consult with a CPA experienced with real estate transactions and options before any move in order to avoid a big tax bill. 

Search for how to transfer real estate out of S-corp and you'll find many answers like this or this - but the main idea is you need specialized help.

Post: W-2 investor looking for evening/weekend meetups - suggestions??

Costin I.Posted
  • Rental Property Investor
  • Round Rock, TX
  • Posts 984
  • Votes 959

Folks, checkout this BP Marketplace event: https://www.biggerpockets.com/forums/521/topics/549666-the-new-w2-re-investing-round-rock-meetup.