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John Sarah
This structure provided the asset protection for John and Sarah and
segregated liabilities between the properties. However, it created a need
for four additional bank accounts, EIN numbers and partnership tax
returns. In studying The Grand Plan and The Limited Liability &
Partnership courses, you know that it makes more sense to structure as
below.
© Dyches Boddiford -1- www.Assets101.com
Case Studies
John Sarah
This would segregate the liabilities for each property from other
properties. And, since the single member LLCs are disregarded for tax
purposes, only a consolidated partnership return for the multi-member
LLC is required. It would also provide charging order protection should
John or Sarah get a judgment against themselves personally. But John
was tired of the extra tax returns and wanted to simplify even more. He
proposed the structure below.
paperwork and tax reporting. All income and expenses would now go
on their joint personal tax return.
John Sarah
Single
Member
LLCs
3. John and Sarah lose the low audit profile of the multi-member
LLC’s separate tax return. This partnership return would net all
income and all expenses, passing these net numbers on to the
members’ personal return for the taxes to be paid. While there
would be no extra taxes to pay, there would be the cost of the extra
informational return.
Mail to: The Oaks Group, Inc., PO Box 505, Marietta, GA 30061 or call/fax (678) 935-4439
How to Become a
HARD MONEY
LENDER
March 21 & 22, 2009
For more info Dyches Boddiford & Robert Witcher, Atty
Click here… Only two pre-requisites for this class:
www.Assets101.com • you must have access to at least $15,000 – 25,000 to lend and
• have experience dealing with real estate.
If not . . . don't forget to recycle.
Just some of the topics that will be covered:
v New Mezzanine Loan program designed for a tight real estate market! (You and your borrowers will love this one!)
v What prepayment penalty clause allows you to charge prepayment penalty no matter what, even at foreclosure?
v When do you have to give a default notice and the right to cure (and when do you not)?
v Who has to give truth-in-lending statements and who doesn't? What are the penalties if you don't comply?
v Do you know how much normal attorney's fees are for a foreclosure? 15% in most states right? Not necessarily, it could be
much less if you don't have the right language.
v The attorney gets all the attorney fees at foreclosure, right? Not necessarily, you can participate if you know how.
v Evaluating the property and borrower.
v What do you do when a borrower wants an extension? Can you charge an extension fee?
v How do you maintain records of payments received and how do you calculate pay-offs (an improper pay-off amount just cost
a lender $7,000 to settle!).
v How to deal with Chapter 7 & 13 bankruptcies. And how to try to avoid them in the first place.
v What is "usury" and how do you calculate it?
v The proper way to title public documents for IRA loans. If they aren't done properly, you may not be able to foreclose!
v How to track loans, step-by-step. How 1098/1099's are handled. Handling and tracking loan payments from borrowers to your IRA.
v Licensing requirements and how to avoid them.
v Avoiding consumer loans--HOEPA (Home Ownership and Equity Protection Act), also known as Section 32, RESPA and
Predatory Lending Acts affect you and your loans. What's the penalty if you don't comply?
v Why loan-to-value has little meaning, you should look at investment-to-value.
v How a DUE ON SALE clause can make you money (accelerating the loan is only one way).
v Why using a Call can be better than a Balloon.
v Adding "Money Stretchers" to loans. Using "Must Takes" to get ride of dog properties you may have.
v Why you should never make phone calls to debtors.
v Why you should never let debtors send their payments to your home.
v Bridge, building & construction loans up to 5% per month in some states - well secured!
v Alternatives to escrows – keeping it simple and making money at the same time.
v Other ways to structure funding that can generate even greater returns.
Plus – You will be provided with all our latest documents and checklists.
The value of these documents and clauses will return you the cost of the seminar many times over.
Hilton Garden Inn - Atlanta Airport (Single or Double $80 Pre-registration ends 3/16/2009
2301 Sullivan Road "Boddiford Group" rate) On or before 3/19. . . . . . . . . . .$ 997 $ ________
College Park, GA 30337 Additional person . . . . . . . . . . .$ 797 $ ________
404-766-0303 (add $50 each after 3/19 and $100 each at door)
Owner Carryback
Financing
April 25 & 26, 2009
“Owner Will Finance”
Those are magic words. Even in a market where institutional interest rates are low, those words will get the
phone ringing. Whether you are buying or selling, you need to understand how to get this financing or take back
financing your self without getting taken!
This class will be of interest to Buyers, Sellers, Real Estate Agents, Note Brokers and Note Investors. We
will consider the difference in terms and financing you would want as buyer versus those you would want as
seller. We will also discuss how selling and carryback financing can benefit the investor who wishes to retire
from day-to-day management.
Below are just some of the topics we will cover.
y Getting a Higher Price for the Property while Selling y How to Purchasing Subject-to
Faster y Dealing with Insurance
y Difference in Balloons & Calls – when to use each y “Nothing Down” v. “No Money Down”
y WRAP Notes & Mortgages y Getting Guarantors/Co-Signors
y Lease-Options, Lease-Purchases & Land Contracts as y “Abandoning” the Collateral and suing on the
financing tools Note as alternative to a Deficiency Judgment
y Terms & paperwork depending on whether you are y Collections & alternatives to foreclosure
Seller, Buyer, or Note Buyer/Broker y “Walking the Mortgage”
y Clauses to include in Note & Mortgage y Additional Collateral
y Interest only, normal & negative amortization y The relationship of Price & Terms
y Getting Seller to give you 0% financing y Discount for early payoff & lump sum payments
y Tax reporting – installment sales1098, 1099, y Substituting Collateral
Section 121, dealer sales, capital gains, SE tax y Dealer property issues and owner financing
Hilton Garden Inn - Atlanta Airport $80 Single or Double Pre-registration ends 4/20/2009
2301 Sullivan Road Group Code “Boddiford” Pre-registered Attendees. . . . . . . . . . . . . . . . .$ 597
College Park, GA 30337 Add 2nd person pre-registering at same time. . $ 397
404-766-0303 (Add $35 after pre-registration deadline, add $60 at door)
Mail to: The Oaks Group, Inc., PO Box 505, Marietta, GA 30061 or call/fax (678) 935-4439