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All Forum Posts by: James Martin

James Martin has started 3 posts and replied 62 times.

Post: Cap Rate for a location, property

James MartinPosted
  • Metairie, LA
  • Posts 67
  • Votes 41

I know a good agent that works and is from that specific area, if you want his info, let me know and I can message it to you.  He is a solid no BS guy and has been an investor as well.

Things are really tight in the NOLA market right now (just as I observe them).  Because of that, whenever I am analyzing something recently, my first instinct is: if it works on the  numbers side, move quickly and be prepared to find something out later that may nuke the deal.  Margins are really thin around here right now.

Post: The Power of Leverage

James MartinPosted
  • Metairie, LA
  • Posts 67
  • Votes 41

I find it well written. I think the math is sound though I don't think that 90% leverage is really a great example. It makes the deltas look much better, but is 75% to 80% is more realistice and would still make the same argument. Maybe you can get 90% LTV, but that would have to be expensive on the PMI and the interest rate and the like. His point is clear though, if you have the risk tolerance, you can be financially free long before you can be debt free if you employ intelligent leverage.

Post: Series LLC.. Can I move it?

James MartinPosted
  • Metairie, LA
  • Posts 67
  • Votes 41
Originally posted by @John Hyre:

@Soh Tanaka:  A practical approach.

@James Martin read the Forbes article in re requirements to "do it right". If an REI is not going to bother with a bank account, he probably isn't going to bother with proper books, minutes, etc. I've seen it a million times - all the expenses are run through one LLC instead of each one that owns a property - and it's a mess with due to/due from accounts, lousy tracking, etc. Just had an IRS audit with someone who took that approach - they got crushed.

Remember the human element of the law - it is not just what is on the books. Your job is to persuade a living breathing life form that your LLC is "real" and a separate legal person from you. Who can it be a separate financial person if it lacks a bank account? How seriously will a judge take an LLC that one could not be bothered to run real transactions through? Best way to destroy and LLC - commingle its money with your personal money or that of other LLC's. How is not commingling to run all your LLC's money through a "management company" or the like?

Better to have one LLC that is properly maintained and run than a dozen that are done half-assed and will fall apart with the slightest scrutiny. If you are not willing, for example, to have a bank account for each LLC, you probably have too many LLC's and will not properly maintain them. I have seen it thousands of times with entrepreneurs over the last 20+ years.

Most REI LLC's could be pierced in ten minutes by a competent litigator.

If the management LLC tracked every transaction to each property would this matter? Just curious.

I am not a lawyer or an accountant, which is why I hire good ones and do what they tell me.  I know that every transaction in my management group is directly allocated to a property with a paper trail (literally every nickle of every transaction).

Would that not make this an easier sell (to keep the assets in separate LLCs and run the transactions through a managmenet LLC).

If the paper trails are strong, then wouldn't it work fine?

Post: Series LLC.. Can I move it?

James MartinPosted
  • Metairie, LA
  • Posts 67
  • Votes 41
Originally posted by @Soh Tanaka:

Generally speaking, if you are comparing "1 LLC and 5 properties in it" vs "1 series LLC and 5 series under it with one property per series," in theory, series sounds better. However, as mentioned in one of the replies, the better comparison may be "5 LLCs vs 1 series LLC with 5 series." From an asset protection view, in theory/technically, it should be a wash, as that is the reason why the series LLC was created. But then it becomes quickly complicated as you can tell from all the replies. The questions will be "What does it mean to establish a series LLC in State X while you live in AZ?" or"What is the size of the assets you are trying to protect here?" "How would it affect the cost of establishing it, maintaining it and preparing a tax return?" Etc.

Without saying, this is just my opinion and how I feel, and not necessary recommending or saying is the right thing to do or the right way to think, but for some reason, we like to talk about asset protection, yet we rarely hear about those who lost everything due to no or poor assets protection. It doesn't mean it hasn't happened, it doesn't mean that it's not necessary, and it doesn't mean that you won't need it. It just means that, to me, keep it simple, do it and just move on and get back to the business. We all run into a person/post from those with virtually no assets spending a lot of time wondering what kind of asset protection is the best for him/her. 

Currently, I have series LLC, but in the near future, I won't. All will be in one LLC. While some may argue that series is simpler, to me it was more complicated. As long as each property value is reasonable, I will pick 5 properties under one LLC any day over one series LLC with 5 different series (one series per property).

It's hard for my brain to really understand what it means to have a series LLC. For example, if you have a "Best Investor, Sereis LLC" with 3 series, how many bank accounts are you suppose to have? One for each series, a total of 3? Or 4, one for the "parent" and 3 for the series? If 4, what are you suppose to do with the parent bank account? Use it for an expense that applies to all the series, such as BiggerPockets membership fee? Or you can have 3 or 4? What is the relationship between the "parent" LLC and the series? What kind of transactions are allowed, if any, and how should it be recorded?

One thing for sure (to me), I made a bad decision making a series with one property per series when each property was not that expensive.  

Soh - Not an attorney

My take on the bank account question is that you have ZERO bank accounts. Just use the series and the parent to hold assets. Have a separate operating LLC that conducts transactions. That's just my take.

Post: Book: The Turnkey Revolution

James MartinPosted
  • Metairie, LA
  • Posts 67
  • Votes 41

https://www.amazon.com/Turnkey-Revolution-Passivel...

Disclaimer: I am a cursomer of Memphis Invest, though I don't get any special treatment for writing the below.

I recently read Turnkey Revolution and found it to be solid.  I thought that @Chris Clothier covered all the angles of doing responsible turnkey investing.  Obviously the book could be regarded with a jaded eye as an advertisement for Chris's company, but really, the way I read it was "this is the best way to do things, this is how we do things, if you want to work with other companies, you need to hold them to these best standards and practices."

The book doesn't break new ground for people that have been at this game for a while, so if you are already an established REI, you will find that some of it is stuff you already know. If you have not ever bought a property outside of your market but feel that such MAY be for you, then this is a pretty good read in my opinion.

There are plenty of times that Chris notes in the book that Turnkey REI is NOT for everyone and he lays out some occasions when Memphis Invest has told prospective investors NO. I think that is important too. If you are an active investor and like to get your hands dirty and negotiate the ends and outs of everything, then Turnkey isnt most likely for you (and I think that point is made effectively in the book).

For me, I will be keeping the book around as a reference for the next time I need to vet a new provider or a new market that is not local to me.  There are excellent guidelines for doing that.  Right now, I use MI for my turnkey out of state stuff, but if I wanted to go to a market where they are not present, Chris has provided a really good blueprint on what questions to ask and how to ask them to make sure that I can end up with the best partner in the process.  One such place that I might try this out soon is Birmingham.

Just one guys opinion.  Best of luck to all of you in your investing!

@Chris Clothier

Post: 10% Down Loans for Rental Properties

James MartinPosted
  • Metairie, LA
  • Posts 67
  • Votes 41

When I start getting into less than 20% down, my cash flows begin to get very thin.  To the point that I start asking . . . should I keep the capital and just let it barely cash flow or should I just do the 20% down and let it flow a little more.  This of course then leads to  . . . if I could put zero down but there was a slighlty negative cash flow, should I do it?  That then spins me into logical circular repeting "do-loops."

Post: Structural Engineer Firm Limited Liability

James MartinPosted
  • Metairie, LA
  • Posts 67
  • Votes 41

Understand @Jared W Smith.  My day job is running an engineering company.

Post: Structural Engineer Firm Limited Liability

James MartinPosted
  • Metairie, LA
  • Posts 67
  • Votes 41

I read those often in my day job.  In short, it is common for the group writing the agreement to put that language in there, it is also common for the group signing that agreement to reject that language.  I went through this recently with a company and in the end it was basically, if you want to do the work, that language can't be in there (there is a longer story with mine, but it isn't really relevant here).  I really wanted to use them, they really wanted to do it, so in the end they relented, but it was totally up to them.

I am a local investor here and per the attorney's, louisiana is a hig risk state for doing these tax purchases due to the laws afforded to the people or their heirs in the years that follow.