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All Forum Posts by: Johnny Gonzalez

Johnny Gonzalez has started 4 posts and replied 10 times.

For those general contractors who work with investors rehabbing an investment property (not a primary residence), what is your ideal client? How can we as investors add value to you and your company, make your time working our jobs worth your while and wanting to return for business with our future jobs? From the first point of contact, to coming out for bids, to negotiating and understanding pricing, to choosing materials, to timelines, and everything in between, up until the end. The more specific the explanation, the better. My goal is to help us all be better business partners by understanding your needs.

Originally posted by @Kevin Sobilo:

@Johnny Gonzalez, are you sure you purchased with a conventional fannie/freddie loan. Two things make me believe you did not. First, I don't believe the owner/borrower can be an entity like an LLC. Second, I don't believe that conventional loans have prepayment penalties.

My guess is that you ended up with a portfolio loan from a local lender.

Even if you have a fannie/freddie loan they would not care how you refinanced. They just get paid off thats all.

Yes, I'm sure you can find a portfolio lender who will refi you in a few years. 

Kevin, You are absolutely correct on all counts. I made an error. Thanks for your input. 

What's up, everyone?

I just closed on a single family investment property two weeks ago. Closing was in the name of an LLC. The loan is conventional Freddie/Fannie. I would like to do a cash out refi in several years (there is a 3 year-prepayment penalty, so I would wait until after such period).

There is much talk amongst investors about having to transfer title out of an LLC into the individual's name in order to refi, and then transfer title back into the LLC after refi closing. I would prefer to avoid this.

Does anyone know if a portfolio lender would be willing to cash out refi my conventional Freddie/Fannie loan while maintaining the property in my LLC, and if Freddie/Fannie regulations would prevent me from doing so?

My thought is, I understand the need to transfer title for the cash out refi if I am going from a conventional loan to another conventional loan. But do the same rules apply if the refi is from conventional to portfolio/unconventional loan?

Thanks in advance.



Originally posted by @Mike S.:

When I started my journey into asset protection, I wasted a lot of money with a local "asset protection" attorney firm that was pushing their structure without explaining the reasons why, nor answering my questions about my current plans. Then I discovered the free Clint Coons Youtube channel that answered most of my questions. I wished that I have found Anderson Advisors earlier as it would have saved me a lot of money.

There are a few other law firms that are well versed into asset protection for real estate investors. But one of the great plus of Anderson Advisors is that they have under the same roof asset protection and tax attorneys that are working together to make a plan that get the best of both world.

They are not the cheapest around, but so far I believe that I had a fair return on the money that I spent with them. Especially if you are growing, they have great bundle offers for unlimited number of entities. They also have a program where you have unlimited access to their attorneys for a monthly subscription price.

I am not affiliated with them, but I am a happy customer.

 Thanks for the good info, Mike.

Hi all,

Any recommendations for people you have worked with to structure asset protection in Miami-Dade, Broward, or Palm Beach Counties? I would like to review my real estate investing strategy/plan with an attorney experienced in the area of asset protection to structure appropriately.

Thanks.

David,

I would be cautious about using Crystal Clear Properties LLC as the property management company. I read an article by Amanda Han (CPA, real estate investor, and very active member on BiggerPockets) where she gave an example of a lawyer who recommended the same structure of using one of their LLC's as the property management company for their client without realizing the huge tax implications of doing so (if I recall correctly, it had something to do with self-employment tax). My advice would be to run this idea by your CPA and get their feedback as well.

Also, be wary about the series LLC approach. As someone already mentioned on this post, not all states allow this structure. Furthermore, and more concerning to me, is that some states may not recognize series LLC in the courts even if you set up the series LLC in a state that allows it. That would be a bummer to find out after the fact.

If you still have a loan on your duplex and pay a mortgage, most banks will have a "due on sale" clause if you transfer the title of the property from your personal name to the LLC, forcing you to pay the remaining loan amount immediately. Yikes. Check with your lender to see if this is the case. If so, maybe hold that property under your personal name until you own it free and clear prior to transferring title to your LLC.

Disclaimer: I am no CPA or attorney, but I have done a lot of research in this area because I had/have a lot of the same questions as you. I am new to investing, and I am working on closing my first deal on a single family home right now and plan to purchase all cash via an LLC. My current plan is to open a separate LLC for each property I purchase. Maybe once I own about 10 rentals, I will start looking into forming a "holding" LLC with individual LLC's beneath it (this may be a tad different than a series LLC. To be determined). But for now, separate LLC's are very manageable and seem to be the safest route for me.

Best of luck!

-Johnny

Post: Appraisals and Depreciation

Johnny GonzalezPosted
  • Posts 11
  • Votes 6
Originally posted by @Eric Chase:

Why pay cash? Have you thought of financing 4-5 cash-flowing properties instead of paying off one?

 Hi Eric,

Yes, I have strongly considered leveraging. However, at this point in time, cash is the best option for me. Future investments may be via leverage.

Post: Appraisals and Depreciation

Johnny GonzalezPosted
  • Posts 11
  • Votes 6
Originally posted by @Bradley Sriro:

You aren't required to have an appraisal completed if you are paying cash but it would be wise to have it done anyways to make sure that you are not overpaying for the property. You wouldn't want to end up in a situation where you pay $150k cash for example if the house only appraises for $140k. I personally would never pay more than a house appraises for and end up with negative equity. With that being said, REI Nation is a very reputable turnkey provider and they sell a lot of houses. I would venture to say that their list prices should be pretty spot on when it comes to hitting appraisal. This is something you can ask them as well. Ask them the percentage of properties that appraise at value. This is a metric that they most likely track.

As someone else already mentioned, the land and building value can be pulled directly from the county property appraisers website and has nothing to do with an appraisal. 

Also, why are you choosing to pay all cash instead of using leverage/ financing? You can generate a significantly higher ROI by using leverage and perhaps spreading the cash you have to acquire several properties with 20-25% down on each.

Great info here, Bradley. Much appreciated. As for your cash versus leverage question, trust me, I have strongly considered leveraging. The cash route is the better option for me at this point in time. I will not rule out the former in the future.

Thanks again!

Post: Appraisals and Depreciation

Johnny GonzalezPosted
  • Posts 11
  • Votes 6
Originally posted by @John Teachout:

To find your depreciation "basis" you generally back out the land value which can be found out on the county tax assessor's website. To the purchase price you also add in other costs associated with getting the property rental ready.

Thanks, John.

Post: Appraisals and Depreciation

Johnny GonzalezPosted
  • Posts 11
  • Votes 6

Hi all,

I'm hoping some of you guys may be able to help a newbie investor out. After much reading, studying, and vetting, I have made the decision to purchase my first rental property via turnkey with all cash. REI Nation, formerly Memphis Invest, is the company I will likely use.

I understand that an appraisal is required when getting a loan for a property, but is it necessary when buying all cash (other than getting a gauge of wether the listing price is accurate or not)?

Estimating depreciation for taxes: Is getting an appraisal the only way to determine the percentage of building versus land that can be depreciated from the cost of the house? If so, is the appraisal better completed at the beginning of the purchase, or can it be done later on?

Thanks in advance!