Real Estate Wealth

Real estate is the most solid way to wealth if you step solidly.  I recently re-attended one of those free 2 hour presentations of Rich Dad education with 2 of my friends offering a free gift just for attending.  I like those free events – they pump you up and get you going and they then push a 3 day class for the great bargain price of great discount off the “original” price of $995.  They are selling education, which is a key component in investing BUT you are not going to learn everything you need in 3 days, or 18 days, or a month just with classes.  AND, those no-money-of-your-own first time real estate deals for beginners do not exist.  It is a hype they push – no money needed, not too much of your time, you will be able to do a deal right after you learn this stuff after giving us your money – and in real life for 99.9% of us, it doesn’t work out that way.  Read books, take free classes, go to meetings.  Then, learn more from people willing to share and mentor.  I am nowhere near mentor status, but I am willing to share, and going to HiREI and similar meetings you will meet many others who can help by sharing and networking.

Take an honest look at your finances today.  Write down your income sources, expenses, assets, and liabilities.  Will you be able to survive without your job?  What do you want your retired life to look like?  For me, it was a wake up call to realize we would be living like paupers without our working income.  It was time to do something to ensure our financial strength.  Real estate was the answer.  Real estate is our key to financial freedom.  Play the CashFlow game that was invented by Robert Kiyosaki.

Aunty shares posts and pages in the Real Estate category.  They are a compilation in progress of what has been learned or experienced, as well as tips that have most useful in building our foundation of real estate wealth.

Not all techniques are here – only what we have used with success or believe will be successful for achieving our goals.  For us, real estate is not a get rich quick scheme.  It is get rich slow and not rip people off.  Currently we are buying foreclosures in Las Vegas from the bank (called REOs or bank owned properties) at the lowest prices ever, rehabbing at a low cost, and renting the properties out using a great property manager for positive cash flow.

We have hit many roadblocks, most of them start with financing.  In fact, that is the #1 reason people use as the reason they do not invest – not enough money.  All the more reason to invest.  When you invest in real estate, it gives you money!  I love my tenants – they pay our bills for the properties!  All of them!

Some final words about real estate investing.  It is easier if you have some equity, or money to invest with.  It can be fast and exciting if you are flipping houses for fast profit, but the danger is getting in too big and not being able to get out with a profit.  This is linear income – you must continue to flip properties to get income.  Buy and hold is much much slower but much much more solid.  You will not cash flow as much as you calculate at first.  In fact, Uncle and I have been investing for 2 years, and the first year felt like we were sliding backwards even though the numbers said we should be moving ahead.  However, from year 2, after the dust settled, the monthly rental incomes were steady.  It is not the end of the road for us yet.  We still do not have enough NOI (net operating income) to live on until we can save up a bit more and invest in more buy and hold properties.

I hope this can help you.  Change the way you think, change the way you do things, change your life for the better so you can do what you really want to do, on your own time, at your own pace.  Because of our age, Uncle and I have to pace our acquisition and systems to be  much faster than someone in their 30’s or 40’s.

Aunty must admit, though.  She is having a ball.

For Young People

If you are young and starting off, get a job that you enjoy and do your best at that job – you owe that to your employer.  It is not just that they owe you a paycheck.  You owe them your best effort to earn your pay.

Learn about investing.  Learn from as many people as you can at first.  Just don’t buy those super expensive programs or courses.  Lots of them start off with a lot of bull and hype and tell you how easy it is to be a millionaire in a few short months.  Not true.  You must commit to working hard at it.  Learn hard first. Save instead of spend because you will need some money to start.

Rent cheap and save expansively. Your very first real estate purchase should be an investment property, not your home – especially if you live in Hawaii.  Once you get your first investment property, enjoy the positive cash flow, even if it is just $100.

If you feel you must buy a home first (we seem to be programed this way), buy a duplex and rent out one side.  Burdening yourself with a high monthly mortgage that eats up your paycheck will leave you without any discretionary income.  Having discretionary income will allow you more options such as savings and investments.

Be careful about investing in the stock market to get rich fast.  Some people actually do, but they are the very very tiny minority.  You are not smart enough to know what the market is going to do.  NObody is smart enough, unless they are evil market manipulators who don’t care about you.  Invest a bit if you must, but study and learn the market first, then get good tools to help you.

Start building a relationship with a banker, smaller banks are more flexible than the big banks in town.  Use bank money as much as you can – Rich Dad calls that leverage – using other people’s money.

Because Hawaii is so expensive, look at markets on the Mainland – in this current economic times, you can get a nice 3 bedroom 2 bath house for under $80,000 fee simple that will rent for $900 easy.  If your credit is good, you can put 20% down ($16,000) and finance the rest.  Your cash flow will be less because you will have a monthly mortgage of about $400 that way, but you are only putting down $16,000.  Less cash flow, but you can purchase more properties.  Keep going, keep buying, keep the cash flow coming in.  If you can be disciplined and focused, you will build up a portfolio of rental properties and have serious positive rental income.  At this point, you will be able to purchase your own home with the rental incomes paying your home mortgage.

That will be a beautiful day!

Imagine, if you are in your 20’s, by the time you are 40 years old, you could be a landlord or landlady overseeing 10 or more of your own properties!  This is very very possible on a rather slow pace of buying one property every 2 years.  You may surprise yourself and as your knowledge and income increase, you will probably find yourself buying 2 or more properties every year!

Time is on your side.  Imagine if Aunty had started investing in cash flow real estate 40 years ago.  I could be teaching Robert Kiyosaki a thing or two!

Not only is time on your side, right NOW is a fantastic buying opportunity for anyone with a depressed real estate market with bargains and more bargains, and the lowest mortgage interest rates that I have ever seen.

No money?  Make money.  Here is a page on some simple rules to live by – and one day you will look back and be glad you paid attention.

For Uncles and Aunties

If you are older (fellow Aunties and Uncles), you probably did it the way we all assumed was the right way.  You scrimped and saved and bought your own home and have been paying very high mortgage payments for the past many years.  However, you are almost all paid off, and you have a lot of equity in your home, or it is already paid off and you feel really good about that, especially since your home has greatly increased in value.  Congratulations!

Pat yourself on the back, and then think about what all that equity is doing for you.  Is it giving you monthly cash flow, is it giving you depreciation, is it working for you?  (answer is probably “no” to all questions).  Even though it is worth a million dollars, you don’t get a million dollars until you sell it.

Although our home isn’t worth a million dollars, we had a lot of equity in it.  We needed to build our retirement funds or retirement would not be an option.

What we did was refinance to the maximum mortgage payment we were comfortable with, and get a HELOC on the remaining equity.  You will get cash from the refinance – commonly called a cash out refi.  You will have the ability to get money from the HELOC by simply writing out a check.  You will have less equity in your home, but that can actually be a good thing in case someone sues you for whatever reason.  It is also important to apply for a loan when you are still working for someone and can show a w-2.  Banks will loan you money when you can prove to them you don’t really need it.

Now you will have quite a lot of money to invest.  Whatever you do, do not use that money for doodads.  Don’t go buying a new car, boat, diamond ring, or go on a round the world tour.  Instead, invest it in income producing assets that will generate more than what you owe.  This is your positive cash flow.  This is income, taxed at a passive income tax rate – currently at 20%. From this cash flowing income, you can now pay your expenses, and even buy your doodads.

Instead of depending on Social Security, your company’s retirement plan, or figuring you have to work forever, let your money work for you by investing it in assets that pay you income consistently and regularly.

Here’s a fantastic blog site for those of us in our mature years:  Bawld Guy Talking.  I like what he has to say, very smart and in tune with what is happening currently.  On one of his posts he writes, “Licensed since 1969, in the investment world since 1976 — I’ve never seen the three lines — interest rates, price/rent ratios, and demand, cross. Never, as in never, ever. No exceptions. We’ll look back at this market a decade from now and realize we experienced real estate investment Heaven — in real life, in real time.”  One of Jeff’s podcasts was right on target about those of us who are facing our retirement years and realizing we are not financially ready.  Listen to it <here>.

To summarize:  Interest rates are low, very low.  Price/rent ratios are great if you are a holder of real estate bought recently.  Demand for well located, high quality rental property is high.  The perfect storm.  Be still my heart.  Pardon the clichés but the time for investing is now.

Financing

The #1 response I hear that hold people back from investing is, “But I don’t have any money!”  Robert Kiyosaki says money is a tool.  Can you agree with that?  If you can, then what would you do if you needed to do a job and you didn’t have the right tools to accomplish that job?  You find a way to get it so you can do the job.  Same as money.  Find a way to get it (legally).

We all have unique situations and different styles.  Rich Dad Education has a course on “Creative Financing”.  The instructor covers a ton of ways to be able to do a real estate deal without going to the bank to borrow the down payment or take out a mortgage.  I have heard of private money lending, borrowing from friends and family, partnerships, angel investors, seller financing, and more.  I haven’t tried any of those strategies.  They make me uncomfortable because I would be dealing mano e mano or womano.

I rather use banks.  Banks are banks, not people.  I prefer using the banks’ money over and above any other method of financing because it is the cheapest way to borrow and I am accountable to the bank, not a person or group of investors.  Andy Heller also likes banks, though he also does joint ventures, to which I have yet to graduate.  Here is an audio link that he recently sent that is a year old, but still has very good info in an interview with a mortgage broker:  Michael Gross and Andy Heller

The trouble with banks today is that they are very stingy, very tight in today’s environment.  Too many loans?  High debt to income ratio?  Self employed?  NYET!  Get used to hearing the word “no”.  If you qualify and the bank is willing to let you money, TAKE IT!!  This is called using leverage, which is the most profitable way to invest because your dollars stretch farther.  Please notice I said “invest”.  Not buy stuff you want (called doodads), but buy investment stuff that will return a profit or cash flow.

Mortgage brokers act on your behalf and go find the products and the banks that will lend you money.  Our very first home loan was through a mortgage broker.  You will hear of financial gurus talking about your “power team”.  A mortgage broker is a must have on your power team – they are on your side, unlike a bank, who is on their own side.

Doug Andrews’ missedfortune.com was recommended for financial good knowledge.  I only had time to briefly visit, but I can already tell this is a wealth of knowledge worth learning.

Here’s another way – I haven’t tried this yet because we don’t have it set up yet – but borrowing from ones’ self – using either your retirement funds (check with your retirement specialist) or from the cash value balance of your participating whole life insurance – that might become my preferred method because you will be paying back the loan – to yourself.  That interest grows your balance and makes you richer, not the bank.  This is a strategy that takes time to build.  It is also a great strategy for grandparents to begin for their grandchildren – by the time they are young adults, they have the cash balance and paid up additional riders in place and can utilize the policy instead of traditional bank loans.  Gavin Tsuda is the man who has brought this concept to Hawaii.  I even have a page on his military speak mission strategy here:  Gavin Tsuda page.

Another reason why I like borrowing money is that it is not taxable income, but it acts like income.  You can spend it, invest it, stuff your pillows with it, and you pay $0 tax on it.  You do need to pay it back, but in small installments.  If you use it wisely and invest it in cash flow deals, the cash flow pays off the debt, slowly and surely.  At the end of the payoff period, you own the investment, free and clear, and it continues to cash flow.  You will pay taxes on your profits or cash flow, but that is good, it means you are making money work for you successfully.

Here’s a pecker in the pan (or was it fish in the pan?)  All this talk about the dollar going to zero value because of so much dollars being printed and our national debt, yadda yadda yadda.  Those yadda yaddas tell you to buy gold, buy hard assets, like real estate, or buy silver.  Okay, that would be like insurance in case the dollar does get de-valued like it did in the Weimar Republic about 100 years ago, and Zimbabwe 20 odd years ago.  Everything went skyrocketing in price with those countries’ currency, so a loaf of bread that used to cost $1, started rising to $2, $20, $100, $1000, etc.   Zimbabwe started printing out $100 trillion dollar bills!  These are pretty worthless but still legal tender there.  IF the yadda yaddas are correct, and the dollar becomes worthless, then won’t it be very easy to pay off the bank debt with some loaves of bread converted into dollars?  I dunno, just a thought.  I would be taking on as much bank debt today as possible and maybe opening up a bread factory in the future.

Back to banking.  The key to borrowing from the bank is showing them you don’t really need the money.  If you are desperate and are in dire financial straits, banks refuse your loan request.  If you have good money coming in from wages, businesses, investments, or sitting on a pile of money, banks will lend you money.  Remember, borrowed money is free from taxes.  You just have to make sure you pay the loan back on time, every time.  Borrow when you don’t need in anticipation of needing it.

Groom yourself to look good in the bank’s eyes.  Kent Clothier of MemphisInvest.com has a great little video on presenting yourself to the vice president of lending at your smaller type local bank, i.e. a credit union or community bank.  Big banks have more money but they also have more restrictions, rules, and protocol.  Kent shows how to put together a nice looking 3 ring binder – he calls it a Bank Book.  Memphis Invest likes to capture your information before you can access any product on their website.  Their videos are pretty good, but you will be subjected to a sales pitch – they are in business to sell you their company and what it has to offer.

If you own your own home and have a lot of equity in it, you are sitting on a pile of gold.  The trouble with gold is that it makes you feel rich but you can’t eat it, spend it, or use it.

We had an elderly neighbor, Mrs. F, who taught me how to grow lettuce from seeds.  She owned her house outright, and scrimped and saved and sacrificed so she could leave her house unencumbered to her grown daughter.  She succeeded.  Her frugal lifestyle resulted in a debt free asset passed on, and her grandson now lives there, rent free, care free, and free loading (IMHO).

Perhaps a better analogy would be to use lettuce seeds instead of gold representing equity in one’s own home.  In Mrs. F’s case, she was sitting on 100% equity in her home, equal to 100 lettuce seeds.  When she passed on, she passed on her house with 100 lettuce seeds to her daughter, who then allowed her son to sit on the lettuce seeds in the house.

Imagine, if you will, what would have happened had Mrs. F planted those lettuce seeds in another house, after which, those lettuce seeds produce more lettuce and seeds and then are planted in another house, and on and on.  She would have acquired other properties using her lettuce seeds instead of hoarding them.

I would have followed in her path – save, scrimp, buy house, pay off mortgage, pass it on debt free to our kids.  It is what we locals do.  That is, until I realized one day that our financial future was in big doodoo and that Uncle and I might have to work forever if we wanted to maintain our lifestyle and still pass on a legacy to our kids.

We used the equity in our home and are in the process of planting it elsewhere to grow and multiply.  In the end, we will most likely be able to pass on more than just our home debt free.  We will be able to pass on investment properties seeded with our equity, paying for themselves with tenant rents, and hopefully knowledge enough to continue growing and cultivating a strong financial foundation.  (Note to our kids:  See, there is a reason to our madness.)

First and foremost, borrow from the bank if you can.  Use the equity in whatever you have to refinance to pull out money, or get the biggest line of credit you can.  Lines of credit are great.  It costs you nothing if you don’t use it, and then if you need it, it is there.  Even if you don’t need the money now, you will if you become an investor, so get those lines established.  Using these monies to finance investments is good debt, so make sure you don’t use debt to fund your vacations, new car, or other doodads.  If you do, it becomes bad debt.

Good debt puts money in your pocket (income from rentals, dividends, higher rates of return, business income, etc.)  Bad debt takes money from you (interest paid, gas and maintenance on vehicle, recurring costs, etc.)

Business Credit – if you have more than 4 conventional home mortgages, banks don’t want to lend you any more.  Your credit score will also be affected for a while because of all those inquiries and loans that have high debt to income ratios.  One way to continue investing is to establish credit based on your business entity.  It is not a quick solution.  It will take time because your business needs to prove it is profitable and legitimate.  I am taking a program through BOSS Business Services.  I am getting a bit frustrated with the slowness of the process, but it can work, if I am willing to put in the time and effort required.

Hard money lenders are another way to borrow money.  The basic premise is that the loan will be based on the investment, not your credit worthiness.  However, I am passing on this option for now.  HIGH interest rates, usually short term, HIGH points, and even though you are not dealing with a bank, some of these hard money lenders put you through the same inspection screens with all the hoops and hurdles, and your information is not all that private as your application is broadcast to the potential lenders.  A lot of seasoned investors do use this kind of strategy.  It’s just not in my comfort zone….yet.

Soft money lending.  This is the opposite of hard money lending and I made up the term.  It has the kindest interest rates, longest term, no points, and no hoops and hurdles.  It’s called borrowing from your parents.  When you find a great deal, you’ve worked out the numbers, you have a repayment and exit strategy for the investment, and you are not able to secure traditional financing, run it by your parents.  If they can afford to, and they see value and wisdom in your deal, as well as a repayment schedule, they can act as your friendly bank.  Just be sure to treat this as a business relationship and follow up on your promises.  It would be a shame if a broken agreement resulted in a broken family relationship, so be serious, communicate well, and act honorably.

Mortgage assignments, wraps, seller financing, etc. are other tools that investors are using because of the bank tightness.  Until they loosen up, investors have to become more and more creative.  One of the hurdles of being creative is the “due on sale” clause that are included in all mortgages.  Problem or opportunity?  I have a page about it: Due on Sale Clause.

Taxes and the IRS

There is a saying that 2 inevitables in life are death and taxes.  If that is so, it is just man’s nature to try their darnedest to avoid either.

I don’t want to die (yet), but when the end comes, I go.  Regarding taxes, believe it or not, I don’t mind paying.  If I benefit from the roads, bureaucracy order, police, firemen, post office, clean air and water regulations, freedom of choice, democracy, etc, etc., I do so gratefully, knowing that I am paying a share of the price of admission, just as I pay to go see a movie.  There is a song about paving paradise with the phrase “you don’t know what you’ve got ’til it’s gone” that I think of when I hear people belly aching about their taxes – they don’t know how good we have it, and it really shouldn’t be for free or a bargain.

Rich Dad Poor Dad author Robert Kiyosaki says the income quadrant that pays the highest rate of taxes – with no control is if you are an employee.  You have no choice because your paycheck is the net income after taxes.

People in business or with investments have much more flexibility, and get to spend the income first, and whatever is left over is what is taxed.  MUCH better than being taxed as an employee – everyone should at least start a business and see the difference in their pocketbook as well as their spending habits.

Aunty is both an employee as well as a person in business (real estate investing).  I don’t file my own taxes because I am not a tax expert.  I use a very capable CPA, Diane Sandlin out in Kailua.  I count on her to do the best at filing for us efficiently and properly.

However, I was going through a recent loan application process, and the underwriter wanted to see proof of our filing status as an S Corp.  I searched and searched my papers and could not find the notice of record from the IRS from a year ago.  I was forced to call the IRS, and I did so with a predetermined sense of weariness and dread.

Before you get to speak with a live person in the IRS, you must go through a series of menus by pressing this number, or that.  I got connected to a Miss Howie who needed to verify Uncle’s identity and then get authorization from him to speak to me.  Uncle put up a bit of humbug but did manage to grumpily answer the questions that were sufficient to Miss Howie and then she and I got down to the knitty gritty of obtaining proof of filing status.

Somewhere along the way, 3 years ago, our filing status was messed up and the communication and documents required to fix our status was quite overwhelming.  This form and that form and this explanation and that explanation, and I got off the phone with a lot of homework on my hands.

Within the hour, though, I received a call back from the IRS, same agent, and with a better solution to our dilemma.  What a relief!  I thanked her profusely.  She went over and beyond what I thought a government employee would do to help.

After the call ended, I thought about all the other calls I ever made to the IRS.  In 100% of the time, I was treated with respect, patience, and got the answers I needed.  In fact, the very first time I had a conversation with an IRS agent was 18 years ago when the house next door was being foreclosed upon because the owner refused to pay capital gains tax on a property she had sold for a profit.  The agent felt bad about what he had to do, but he did his job professionally.  His job was to get what the government was owed and give the delinquent owner time and opportunity to clear their outstanding balance.  When it was obvious she was not going to comply because she was waiting for God to banish away her “enemies”, the home was auction off, delinquencies paid, and the former homeowner walked away with a tidy sum with which she could purchase a smaller home to live.  The IRS did what it had to do, and did it well.

The IRS is not the boogey man.  They aren’t the bad guys.  They can be reasonable, and they are human.  I’ll gladly pay my taxes after spending for expenses related to business.  It is actually a very fair system but you have to make sure you put in your estimated tax payments on time and consistently so you don’t get whammied in April.

The next time you ever have to call the IRS, I hope you also feel the need to say thank you to them because they helped you.  They do a job that is not easy, and they do it well for our benefit.

Treat them with respect if you want to get respect in return.  Do what is legal to save on taxes, and pay what you owe.  That is fair, don’t you think?

Find your Focus

I have read or tried a lot of excellent techniques on time management, setting goals, achieving greatness, etc.  I start off in one direction, then get side tracked and move in another direction, and many times at the end of the day/week/month, I haven’t done much.  My problem was too much of everything.

Having too many wants, passions, concerns, goals, techniques will pull you in too many directions and your mind cannot handle the chaos of having too many things to do for too many projects.
A powerful way to “realize” the best direction to focus your energies, talents, drive, and resources is by ranking each want/goal/need on a scale of 1-10 in categories of passion, execution, and financial upside.

Being able to pinpoint where your focus should be will help you excel at one new business opportunity or income stream, rather than be mediocre at many.  This technique helps you narrow down all the choices you have and choose the direction best suited to YOU and YOUR GOALS.

Here is how it works:

Create a grid and list three or four (or all) of business opportunities, ventures, or current positions.  Keep these on the left.

Across the top list these three categories:
Passion / Execution (ease and probability of achieving)/ Financial Upside over 3 years (choose your own time frame)

Rank across each opportunity (1-10) in each category.  10 is the high number, i.e. high passion, highly achievable based on how much time and training you will need, high compensation.  Try not to use the same number ranking in any column.  Be true to yourself and rank honestly.

Complete all columns BEFORE you total the rankings in the last column.
Here’s a sample:

Opportunity                           Passion         Execution       Financial Upside       TOTAL

Real Estate Multi-Unit               6                     4                           9                               19
Real Estate single family            9                     9                           8                               26
Ebay sales                                      3                    10                          5                               18
Collectible sales                            4                     7                           4                               15
Tupperware sales                          1                     6                           3                              10
Clothing design                            10                    3                          2                               15
Karaoke singing                            2                     1                           0                                3

From these numbers, I can see that single family home real estate investing is most likely where I should direct my focus, and forget about entering a karaoke contest.  Although my passion is high for clothing design, the financial viability is low, the time commitment extremely high, so that goes on the back burner.

I hope this helps you find your compass setting.  Emotions, opportunities, and financial needs will change constantly.  Every once in a while, retake this “test” so you can stay on track.  I think it will help me stay the course too.

Why LLCs?

Here are notes that I took during a Michael Bowman (favorite attorney) did for BOSS Business Services/Anderson Business Advisors.

I use Michael to form the LLCs for me in Nevada.  I have filed for our own LLCs in Hawaii via the Hawaii State website.  LLC renewals in Hawaii are only $12.50/year.  LLC renewals in Nevada are $400+.  So why do I even have Nevada LLCs?  Because currently, our rental income properties are in Las Vegas.

Here are the notes, hope they are helpful to you!

THE  concern are lawsuits.  Plaintiffs will go after everything you have, so you have to run your business like a business, and the courts will recognize and respect that.  You want to put up a wall so they can’t get to you.

Top reason judges “pierce the veil” is a failure to follow formalities.  The veil is set up so avid lawyers can’t take what is in the LLC.
Keep accurate records – specific expense goes to the corresponding property.

A charging order allows the business to continue doing business – acts like a lien and only the assets that are paid out to members can be “attached” or given to the plaintiff (if they win the case against you.)

2 ways to hold an LLC.  Manager Managed – all control is under the Manager.  Member Managed allows control to each member.

Nevada’s courts’ rulings are getting stronger for asset protection of LLCs and corporation.  Some other states are getting weaker because of their state’s court rulings.  Alaska and Wyoming are becoming known as up and coming good states for asset protection, but they don’t have a lot of case rulings to prove it.

The guts of the LLC are the operating agreement provisions.  Boiler plate (from website or even some attornys) provisions may not provide you the protection for your specific circumstances and business.

Need to revisit your LLCs and entities, not just put it on your shelf.  Put the LLCs into your living trust – otherwise they are subject to probate.  Trusts should also be reviewed from time to time because your situation will change.

Manager duties in an LLC – sign on behalf of the LLC, have meetings, minutes,

LLC is the landlord.  Make sure the lease shows the LLC, not you on the contract.  The property needs to be transferred into the LLC.

Meetings.  More is better.  If you are going to put a new roof on the rental property, have a meeting specifying that a roofing will be done or put off until next year.

As a single member LLC, document whatever decision you make.  You want a lot of documentation if you ever have to go to court.

Entering into contracts should be in the LLC or entity’s name.

Joint ventures – form an LLC to do the joint venture.

Purchasing assets.  If major, have a meeting, write down the thought processes about how your are buying and why.

Each LLC should have a separate banking/checking account as well as it’s own accounting.  Take financial inventory on profits, expenses.

Separation between personal and business VERY important.  Credit cards, checking accounts, expenses.  Checks that you deposit need to be made out to the LLC not to you personally.  Have tenants write out checks to your LLC.  If it is written to you personally, endorse the check over to the LLC before depositing.

When you sign, sign your name, President (or Manager, member, etc.) of xyz,LLC.

Record keeping.  Have meetings at least quarterly. Minutes are records of meetings – where, who was there, when, action items on discussion.   There are constantly items that need to be addressed.  Consent to action can be filed to catch you up.

Bookkeeping.  Supports deductions, better tracking of activities, keeps a finger on your financial pulse.  Find a system to keep your records in a timely manner.  Avoids surprises.

When traveling, keep track of expenses.  Dinner – who was there, why, and what was discussed.

Make yourself look impenetrable.  If they can’t find anything, you are invisible to the hounds.  Using the entity structures help make you invisible.

Max amount of assets in LLC.  Cash should never be in same LLC as property.  Determine your risk tolerance, and that determines how many properties in each LLC.  Consider the total amount of equity in each LLC – that is your potential loss.  If you have 5 properties in one LLC and something happens in one of those properties, the 4 other properties are subject to the suit also.

Buying & renting property in different state.  Have it in the state in which you do business.  Create a Nevada holding LLC that can hold all the other states LLCs.

Legal Entities

I take a LOT of classes, read a lot of books (audio books are fantastic and I sometimes pop them into my car while driving long distances), and learn as much as I can as well as I can in our quest to become financially free as risk free as possible.  Legal entities are a must.  You might never be a victim of a lawsuit or an IRS audit, but if you ever are, you will be glad you set up your business/investments as sound, protected and documented entities.

Uncle and I got our first legal entity about 4 years ago with a probate avoidance flyer that had a bushy eyebrowed cartoon judge with a 10 foot pointed finger.  David Bernstein and company gave free introductory seminars, and we made an appointment and had them draw up a living trust and will for us.  It felt good to have that taken care of, even though I really didn’t understand it at the time.

Then, along came the Rich Dad classes and I signed up for their “Asset Protection and Tax Relief” seminar.  I took it 3 [6] times already (you get to take classes at least twice with Rich Dad Education) from the same group of great looking attorneys from BOSS Business Services and Anderson Business Advisors.

For a fee of $1500 – $2000 each, your entities are formed and filed, and updated as needed if you also sign up for a low monthly subscription fee (worth every penny!)  Annual filing charges are billed to us whenever they become due.  Could I do it myself?  Yes, but not as well, and I don’t have enough expertise and confidence to do this on our own.  I have the kits that allow me to form this or that entity, but they sit unused.  I like having the ability to call and/or email the people at BOSS or Anderson and get my questions and concerns addressed.  I don’t always get my calls answered right away, which sometimes make me search for answers, but I do eventually get what I need.  This “problem” sometimes makes me a better person because I “get” it if I research it.  BOSS Business Services has some excellent excellent free material and videos that are easy to access and learn basic legal and accounting strategies.  Many of the answers are found there.

After the entities are formed, we got mailed these very nice binders with tabs for the State and Federal forms, Articles of Incorporation or Organization (depending on the entity), bylaws, minutes, stock certificates or shares, and other tabs.  Very nice stuff.  And then I still didn’t really understand what to do with it.  So, I read the instructions, and did what it said to do – basically signing all the pages with the tabs that conveniently mark the spot, as well as sign some pages in front of a notary.

BOSS puts on very reasonably price seminars for people like me – 2 or 3 day seminars on how to fund your entities, what to do with them, and how you can use them to your advantage and protection.  It’s a good follow-up class to take – for even though these points are covered in the first introductory class on asset protection and tax relief, the bulk and the unknown don’t kick in until you have these binders in your hands and need to know the next step. [caveat:  don’t go getting a whole bunch of LLCs until you actually have investments.  Go get first, then form entities soon after.]

Here’s an excellent one-hour video by Clint Coons of Anderson Business Services explaining LLCs and the protection, benefits, and reasons for having limited liability entities.  Check it out <here>.

BOSS and Anderson are no longer teaching the asset protection classes through Rich Dad Education.  That is a shame, for they are excellent, entertaining, and professional experts specializing solely in this field of law.  Also, as friend Kathleen describes, they are eye candy.

The Anderson Business people will come to Hawaii frequently to present their Asset Protection and Tax Relief 3 day seminar.  I will update in “Events and News” when and where the events take place.  It is always for a very reasonable rate, and everyone will be given the opportunity to sit down and figure out what they need for their situation in life.

Mortgage acceleration payoff programs – some caveats

2013-04-17_11-58-16Do NOT waste $3000 on the Money Merge Account program from United First Financial to eliminate your mortgage in a few years.  It is cumbersome, time consuming, and limited.  All their hype about algorithms and such with the juggling of at least 2 accounts is easier achieved with chunk payments.  [This company has changed their name to “Worth Unlimited” – same players, same game.   Mahalo to Joe Taxpayer for alerting me to this on his excellent site:  JoeTaxpayer.com.]

A recent online class I took taught the basics of early mortgage payoffs with a HELOC or any other interest bearing line of credit.  This ingenuous method was the brainchild of a couple of Australian women who wanted to beat the system of the 30 year mortgage.

Take a $500,000 30 year mortgage at 5% (this will be what I will use as the example).  The monthly payment for principal and interest (P&I) is $2684.11.  Property taxes and insurance (T&I) are usually added on to this, but I will not add those in for this example, but be aware that these are additional payments required.  I will also round out the numbers to make it easier to understand from this point on.

With the very first mortgage payment of $2684 (P&I only), $2083 is interest, $601 is toward principal.  The loan is reduced by $601 for a new balance of $499,399.  The next mortgage payment of $2684 is broken down to $2081 towards interest, $603 toward principal, for a new balance of $498,796.  The next mortgage payment of $2684 has $2078 going towards interest, $606 towards principal.  This continues on with the bulk of the monthly payment going towards interest, until year 16 (!) when more of the payment starts going toward the principal because the balance of the loan is lowered enough for that to happen, and your loan principal starts getting paid off faster and faster.  If you make regular steady payments of $2684 every month for 30 years, you will have paid in almost double the amount of the initial loan!

The Australian ladies discovered this “secret”.

Use $10,000 from a line of credit, like a HELOC, to pay towards principal (make sure you specify that to the bank when making the payment).  This will reduce the loan balance by $10,000 to $490,000.  This automatically will “step” you up to month 16 of scheduled payments, and you would have saved over $32,000 of interest, because of the way the amortized 30 year payments are scheduled (16 months x ~$2000/mo interest = $32,000).

You will still have to pay off the $10,000 HELOC advance – but even if that is at an interest rate of 10%, and you pay it off in a year, your “cost” is $11,000, but you saved $32,000.  Your actual cost is only the 10% interest ($1000) but you are taking out a loan that has to be repaid, so I include the sum in this calculation.  Even so, the savings are big time!

If you can do this 18 years in a row, your mortgage will be paid off in full, 12 years ahead of time, and you will have saved $214,000 in interest.  The sweet spot seems to be in the 9th year, when the mortgage payments begin to weigh more on the principal than the interest.  For $90,000 of pre payments (9 years x $10,000), you save $178,000 in interest.

For this to work, you will need enough income to pay down the $10,000 HELOC every year.

Compare this to:  if you did nothing but pay your regular mortgage monthly payments for 30 years without any additional principal payments, you will end up paying $466,000 in interest for your $500,000 loan.

Another way to battle this 30 year mortgage debt is to pay $1000 more per month towards principal reduction.  This works out almost the same as a $10,000 principal reduction payment once a year.

You can “play”with the numbers using Joe Taxpayer’s spreadsheet (click on green “My MMA spreadsheet”, then open the xls document) which allows you to change the terms and amounts of the loan, as well as adjust any payments.  You can then see the interest savings as well as the principal balance remaining for whatever scenario you chose to adopt.

In general, it seems that the more you can put toward principal at the beginning of the loan, the greater the savings on interest.  Which has me thinking of a new strategy the next time I borrow on our home.  Instead of going for the highest loan value at the fixed 30 year rate, I might be better off getting a lesser loan, and getting a higher HELOC.

The advantage of a 30 year mortgage is the fixed rate and the length of time the loan is available.  However, the monthly payment does not change, whether you owe $500,000 on the loan or $50,000 on the loan.  Fees and points are added into the loan which can easily top $10,000 of additional cost from the get go.

The advantage of a HELOC or interest only loan is that you use it if you want or need to, and the monthly payment decreases (or increases) as your balance changes, and these are usually loans without fees or points.  The disadvantage is that the interest rate fluctuates and the loan usually expires in 10 years.  HELOCs can also be closed at anytime at the bank’s discretion.

Currently, interest rates are very low – 5% or a little less for a 30 year conventional mortgage.  These methods of paying down one’s mortgage faster makes sense, and it makes even more sense and has more interest saving advantages when the loan is at higher interest rates.

Although I would love to have a home debt free, it is also a waste of potential for me.  Sitting on a house with 100% equity is like sitting on a pile of gold.  It is great to have, but it is just what it is.  This is Suzie Orman’s ideal retirement model – owning your home debt free.  This does not, however, mean expense free.  You can still lose your home due to catastrophic medical or unforeseen expenses, to lawsuits, fraud, and your own intended heirs getting greedy.

I would rather use as much of the equity that I can in order to acquire more cash flowing assets such as rental property.  Good rental property.  These cash flowing assets can be the income used to pay the mortgage payments on our financed home.  Sweet chickens!

Additional income from your investments can pay down mortgages on the properties.  This is good debt being paid off with cash flow that is forever.

Susie Orman’s message of eliminating all debt can backfire and leave you looking like a target with limited options.  Learn the difference between good debt (used to acquire assets that put money in your pocket) and bad debt (doodads, toys, trips, jewelry, clothes, etc.).  Avoid and eliminate bad debt, use good debt to get rich.

Aunty just found a really good article over at the FinancialMentor.com about the pros and cons of paying off your mortgage or investing.  Really a good read.  Turns out he is a fence sitter, but he has a solid fence in place.

Due on Sale Clause – when transferring title

I have been to several seminars – and the #1 problem investors have run into lately is the lack of being able to secure traditional financing from the banks.

Phill Grove’s AMPS or MAPS program seems like an excellent program.  Basically it “marries” people who have homes they cannot sell because they are underwater with their loans, with people who are unable to secure loans to buy their own home.  The new buyer “assumes” the loan with contracts, and the investor makes an assignment fee.  The most asked question about this is, “What about the due on sale clause?”

This clause in the mortgage contract may be triggered if the property is transferred, sold, etc. to anyone other than the person on the mortgage.  Phill’s answer, along with attorney Mark Torok, is that it probably will NOT be triggered.  It has not been a problem with the over 500 deals Phill has done.

That being said, it is worth reading more about it, and John Reed has written an article on the very real threat of the due on sale clause in this article entitled “The truth about getting around the due-on-sale clause.”

Phill Grove and Mark Torok have forms that are sent to the lending institution that informs the bank that the loans will now be paid by “____” and sent with the check(s) that will cover the monthly as well as other payments that are due.  In this way, the bank has been informed, and by depositing the check(s), they have accepted the new arrangement.

Clever.

Still, I am not convinced that I won’t be the poster child for the bank to nail with the due on sale clause.  It most likely works (and has thus far).  One point that John Reed brings up is that with prevailing low interest rates, banks currently do not have much benefit in calling loans due.  However, if rates rise in the future, it may be in their interest to call them due, forcing refinancing at higher rates, and make a lot more from all of us.

Land trusts are another strategy that has been promoted by several experts.  Land trusts add to the complexity, and might be considered by authorities to be concealment or worse.  If your attorney who helps you draw up this strategy will back you up (Garn-St Germain Act), and you don’t mind another layer of complexity in your life, then it sounds like a viable solution.  It’s just not for me.