[size=10pt]Hi Guys!

I am a computer guy, recently retired. I, along with a family member and a good friend, recently found a bank foreclosure of an empty multifamily (4plex). I paid $75K for the building (1950s, quiet, safe neighborhood…each unit is 2BR 1Bath plus Garage). and I have another $75K cash-on-hand for remodeling (new sep HVAC, elect service, kitchens, baths, etc.). We have two units pre-leased…total rents $32K per year. Insurance, taxes, util, maint 10K per year. Here’s my newbie question. We are forming a three member LLC, and will split revenues and profits three ways after my initial output of $150K is repaid to me. We’re thinking it would take two years before the LLC could borrow money to purchase the property from me. One idea was to do a master lease so the property would show under the LLC. Any suggestions would be greatly appreciated. I should say my two LLC partners are both remodeling guys, I’m the tech (and money) guy.

Thanks, John[/size]


So right now you own the property outright in your name? You have exactly $150k in the property? Or is it $152,749.00? Some other exact amount?

Since this is a 4 unit property the purchase / refinance will be done with the partners qualifying for the loan. It is likely you can refinance this as soon as your remodel is completed. Since you are going to remain a partner a refinance is in order as a purchase from your self (Seller and Partner Buyer) would not be considered an arms length transaction.

So you should be able to get a ARV (FMV) after your remodel is completed and refinance for 75 or 80% of appraised value. If your appraisal only comes back at $185k for example and your lender will only loan 75% then you will have to carry back a 2nd TD for $11,250 dollars presuming you have exactly $150k in the property. Then your going to have closing costs to contend with and who is paying them?

The good thing is you will have most of your cash back to go after another property if you want to continue to acquire properties with these partners or you will have cash back in your account.

Since your a newer investor build up a prudent reserve before you start dividing profits as there is nothing worse than having an unexpected problem and not having enough cash on hand to pay the costs. Hopefully your partners will agree to an accelerated pay off of any 2nd TD or excess cash still in the property so your whole upfront before dividing profits.


Rocky Mountain High - Colorado!

Thanks, GR! I appreciate the feedback. I’ve got appointments with both a CPA and an attorney in the next few weeks. I’ve had some experience on the wrong side of s deal to know the devil truly is in the details. The amounts I posted were approximates (give or take $2k) plus closing costs, etc. the one good thing about the foreclosure is that the property taxes are tied to the sales price if it was on the market so some time, which it was. We will save $2.5K this year. If we refinance at the remodeled amount next year, the taxes will double. Thanks again for your input. John D

so you have the property. what are the other two members contributing to the LLC?

right now, you are taking ALL the risk, and the others have no skin in the game, yet you are “giving” them 2/3 of your property in exchange for what?

Y’all can form an LLC, and you can SELL (not contribute) the property to the LLC and take a mortgage and deed of trust. Each of you should put in 1/3 equity and move forward. (Note that “sweat equity” does not count as contributed capital unless the member receives a 1099 and takes income in exchange for the equity - the tax rules are too complex to cover here, but let’s just agree that you can’t “contribute” sweat equity to an LLC).

Put EVERYTHING in the operating agreement: what happens if a member does not fulfill his obligation to the LLC, gets sick, gets a divorce, dies, who is managing the money, who is managing the property, who goes out in the sleet at 2 am when the water heater goes out, and who is compensated exactly what for their part. Most importantly, it needs to state what happens to the property that you hold a mortgage on if the LLC cannot make the mortgage payment to you. Have an exit strategy. And a plan B, C, and D. If the thing dies, you need to be able to foreclose, take possession of the property and sell it, rent it, or whatever you need to do to be whole.

BTW, I ALWAYS tell people to NEVER go into business with friends or family. The emotional relationships prevent you from making the hard decisions necessary to run a successful business. You always end up losing the business or losing the friendship or screwing up Christmas. in 30 years, I have never seen one work out well.