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All Forum Posts by: Nikki Closser

Nikki Closser has started 20 posts and replied 110 times.

Post: LLC in both mine & my husband’s names? Or just one?

Nikki ClosserPosted
  • Investor
  • Michigan
  • Posts 112
  • Votes 221

@Todd Rasmussen this is so helpful, thank you so much. I was hoping to hear from someone else who researched this method for avoiding season periods. Appreciate it!

Post: LLC in both mine & my husband’s names? Or just one?

Nikki ClosserPosted
  • Investor
  • Michigan
  • Posts 112
  • Votes 221
Originally posted by @Todd Rasmussen:

@Nikki Closser

Do you live in a community property state? I think there are advantages to single member llc's for tax purposes, but I wouldn't do it in only one name. (In community property states husband wife owners of LLC are considered single member) I'm an advocate of combined financials.

I’m in Michigan and it is not a community property state.  

Post: LLC in both mine & my husband’s names? Or just one?

Nikki ClosserPosted
  • Investor
  • Michigan
  • Posts 112
  • Votes 221

Is there a strategy or good reason to only put our LLC in one of our names versus both of our names? I already have my own business unrelated to photography, so I already have an LLC without my husband as part of it. Just curious if there would be any reason why one of us should keep our name off of our real estate LLC when it comes to investing purposes. Thanks for any insight on this!

@Andrew Postell yes, this helps a ton! I'll create a new LLC. Thank you!

Originally posted by @Andrew Postell:

I have spoken with the IRS about this AT LENGTH. I mean, for a looong time. They do not have any issues with a LLC lending to a person with a 0% rate. But they would have an issue of an S-Corp or C-Corp lending to another S-Corp or C-Corp with a 0% rate. Those entities are required to lend at fair market rates and be taxed appropriately for the earnings from such a loan. So if you buy in your C-Corp name, and borrower from another C-Corp...just be aware of that rule. But if you are "borrowing" from your LLC, no such rule exists.

@Andrew, what if my LLC is taxed as an S-Corp? Does that matter or am I still "borrowing" from my LLC? Thank you!!

Post: How To: Cash out 1-4 unit Property

Nikki ClosserPosted
  • Investor
  • Michigan
  • Posts 112
  • Votes 221

@Andrew Postell

This is an absolutely incredible thread! THANK YOU for your patience and time spent here answering questions. I see that you are a lender in TX -- totally wish you were in my state!

If you don't mind, I have a few more questions to add. I'm definitely a newbie, so please bear with me :)

My questions have to do with the actual steps you list in section 3:

  • 1. You create an LLC - all set
  • 2. You buy a home - Just for the purpose of what I need to do when, this step is basically finding a house and getting an offer accepted? And then I pay with a cashiers check or wire on the closing day?  Please don't laugh -- I've never bought a house cash, so I'm being dead serious :) 
  • 3. Your LLC gives you a loan for the home -- What are the steps for this? I read that we technically don't have to transfer any money from me to LLC or vice versa. But, is this the "writing a loan note" step? If so, sounds like I can google a loan note template and use that? And write it for 0% interest, ballooning at 12 months, but then sign both as borrower and lender?! That seems like a red flag? Are there any other steps other than this? When does filing the lien happen? Or is filing the deed and lien the same thing?
  • 4. You file the deed for that loan at the county courthouse -- I think I read that this can also be done by the title company at closing? 
  • 5. You use the money from the LLC to buy and fix up the property 
  • 6. Once the property is completed, your conventional lender comes to refinance the loan -- Get a preapproval first! Is this something I give them my projected numbers for? Like ARV and rental income?
  • 7. Your conventional lender runs title and sees there is a loan 
  • 8. Your conventional lender refinances you into a new loan, and cuts a check to your LLC a check in the amount of 75% of the value. -- Cash the check to my LLC and then transfer the money back to my own account. Okay, so this is where I get confused about tax issues. Won't my CPA see this as income? Although, I'm technically not making any money since I'm not paying/collecting any interest?

One last question. Does my LLC have to be related to real estate or can it be from a totally unrelated business I own?

Thank you again so much!

Post: They all say 12 months season for a cash out refi??

Nikki ClosserPosted
  • Investor
  • Michigan
  • Posts 112
  • Votes 221

I can’t figure out how to tag Andrew Postell. Only one Andrew pops up with I do @andrew and it isn’t him. Anyway, here is his post https://www.biggerpockets.com/...

Post: They all say 12 months season for a cash out refi??

Nikki ClosserPosted
  • Investor
  • Michigan
  • Posts 112
  • Votes 221
Originally posted by @Alexander Felice:

@Steve C.

Mention my hair and I appear. I'm like a genie in that way.

12 months is a bank overlay, many do it, but they don't all do it.

6 months is the standard Fannie Mae guideline.

You can forego the 6 month seasoning with a Fannie loan if you use delayed finance. The rule with delayed finance is 75%ltv or 100% HUD, whichever is lower. So I put the rehab costs on the HUD, then it's 100% of HUD which I strive to still be lower than 75% anyway so I don't leave any money in the deal.

Downside here is that you have to pay for rehab UP FRONT, and with no outside borrowed funds.

Andrews method is different than mine, and after suspiciously examining it I think it MIGHT be better than mine...although not as elegant 😉😉

Hope this helps.

Now I have to look at your photos to check out this amazing hair of yours. Ok, so let's say we buy a home for 85K using our own HELOC and we need 50K for rehab. But, we only have 100K in our HELOC, so we borrow from my in-laws HELOC. You are saying that we can't escrow the 35K we borrow from my in-laws?

Post: They all say 12 months season for a cash out refi??

Nikki ClosserPosted
  • Investor
  • Michigan
  • Posts 112
  • Votes 221
Originally posted by @Steve C.:

@Nikki Closser Listen to the BP podcast with @Alexander Felice. Think it's #301 if I'm remembering right. He walks you though exactly how to put repairs into HUD, escrowed with title so it shows as part of purchase price. You can also check out his brokeisachoice website to see how he does it. Super nice, well-read dude, lots of info & worked as an underwriter. 👍🏼 also he has great hair.

Fantastic!!! Thank you!! 🙌🏼👊🏼 

Post: They all say 12 months season for a cash out refi??

Nikki ClosserPosted
  • Investor
  • Michigan
  • Posts 112
  • Votes 221
Originally posted by @Ryan Keenan:

@Nikki Closser

Just a thought , delayed finance does not let you take out your rehab costs only what you paid for the property.. how do you plan on using it to move faster?

Also, I guess this confuses me even more as to how people are recouping their rehab costs with a BRRRR??