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27Feb/091

Will Conveyance work instead of subdividing?

I just bought 2 4-plexes with a total of 8 apartments. The 2 properties are on one deed, making it a commercial property, or at least requiring a commercial mortgage with a much larger interest rate. However, the buildings are described separately on the deed and even have separate addresses. My frontage on the property is not enough to subdivide but someone mentioned a conveyance to me as a possible way to split two properties from one deed into two. Does it sound like this would be possible? How would it work?

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26Feb/094

Parents or officers of the law feel free to answer?

apartment buildings
I live in this apartment building and let me tell you, it's a nightmare. A while ago these 2 woman who have been friends for years and both have kids the same age recently fell out over something. One of them has their kids turned against the other kids and is trying to make the other kids (who live in the building) choose sides between them. I've just about had enough because she is always yelling at my kids to the point where they are afraid she will hit them. Legally is there anything I can do? I know the supers of the buildings can't get involved but this is getting insane. I would move but I'm stuck here until I find a house to buy in another neighbourhood.
Some of the other parents have called the police about her and they refuse to do anything.
This woman won't talk to me, and when she do it's always a screaming match about letting my kids play with other kids and how totally wrong it is. These are kids, they shouldn't even be involved in the situation.

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25Feb/090

Maximizing your Options: Self-directed Iras and Real Estate Investing

Maximizing Your Options: Self-Directed IRAs and Real Estate Investing

The perception of retirement savings is that the money has to be invested in traditional avenues like CDs, bonds, stocks, and funds. However, there are a large number of non-traditional investment options that are available through an increasingly popular type of retirement account, called a self-directed IRA. Self-directed IRAs let the individual investor decide where to invest their money based on their own expertise – and one of the most common investments is in the opportunity-rich real market.

How Real Estate Investing through an IRA Works

Individual retirement accounts (IRAs) make up more than $2 trillion of investment assets, about 20% of the total assets in retirement plans. While about 98% of these IRAs are invested in traditional areas like mutual funds and stocks, a large number of IRA holders are switching to self-directed IRAs, which let them decide where to invest their money. In fact, the amount of assets held self-directed IRAs has more than doubled in the last five years, representing tens of billions of dollars in assets.

Most self-directed IRA funds are spent in real estate, and virtually any kind of property is allowed for investment: land, commercial properties, office buildings, shopping and retail centers, single family homes, rental units, condos and multi-tenant buildings. The only limit for real estate investments is that they cannot directly benefit the account holder or a near relative (such as buying an investment property and then using it as your primary residence).

There are three different ways that IRA funds can be invested in real estate:

• By purchasing the property outright. In this case, the assets in the IRA are used to buy the property entirely.

• By supplying a deposit or down payment. The IRA fund can be leveraged to get a mortgage on a property, with the property used as collateral. This minimizes personal risk and can greatly increase the overall value of your investment.

• By buying a property as part of an investment group. As long as the property deed shows your undivided interest in the property, it’s available to your self-directed IRA for investment.

When using a self-directed IRA to invest in real estate, you select the property, negotiate the price, and find the lending institution, while an escrow account is created in the IRA trustee’s name and the IRA trustee performs the actual transaction. The property is then held as part of the account’s assets. This is analogous to picking a stock with great dividends and instructing your IRA advisor to purchase a certain number of shares.

What an IRA Trustee Means

The structure of self-directed IRAs provides a balance between independent real estate investment control and experienced investment professionals. For any self-directed IRA, there has to be a qualified custodian, or trustee, for the account. The trustee understands all legal and tax prohibitions on investments, manages the actual retirement account, handles administrative tasks and carries out all of the actual transactions. The trustee also offers professional advice as you plan your investment strategy, which is particularly important for long-term investing in real estate. All account funds are held in an escrow account managed by the trustee.

The self-directed IRA trustee has an integral role in whether you successfully invest in real estate with your IRA. Even major investment companies may not have experience with self-directed IRAs or real estate investing, and knowledge matters. For example, the profits from a self-directed IRA may be subject to unrelated business income taxes (UBTI) because of the nature of the investment, while depreciation and expenses for the property are calculated differently. (This is in sections 511-514 of the IRS tax code.) An experienced IRA trustee will know all the liabilities and incentives available.

Most importantly, ask about investment goals and options; get involved and be willing to take control of your investments. The most important asset the IRA trustee offers is strategic, experienced planning. Trust Administration Services specializes in IRA-funded real estate investing, along with other self-directed IRA investment plans, with billions of dollars in assets.

Trust Administration Services is available to you to assist in determining whether real estate investments through a self-directed IRA can help you meet your retirement plans.

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25Feb/090

When to Choose a Self-Directed IRA

Self-directed IRAs became an option in 1975. Most people today have heard of traditional IRAs and Roth IRAs, but still don't realize that self-directed IRAs are available. But there are many types of self-directed plans available today, including 401k plans. Self-direction is the preferred choice for many people saving for retirement, because they like having control over their investments.

When you open a self-directed IRA, you have the power to make investments on behalf of your IRA (or your 401k, if you choose to self-direct that account). You can invest in things like real estate, partnerships and franchises, mortgages and a variety of other assets. You have control over your account in a way that you don't with a traditional IRA.

A custodian, sometimes called an administrator, handles the paperwork for you and actually purchases the investment on your behalf. But you make the choices and decisions regarding the self-directed IRA.

These accounts are ideal for people with investment knowledge of some kind. Perhaps you're savvy when it comes to real estate investing. You can invest your self-directed IRA in real estate or you can lend with your self-directed IRA to invest in mortgages. You can invest in a franchise, or a company, and be involved in a partnership with your IRA funds.

Where traditional IRAs are invested in low-risk options, you are free to invest your self-directed funds in a variety of assets as long as they are allowed by the IRS, and there's a long list that are. Traditional IRAs are generally very safe, but they also don't offer a high rate of return. With your self-directed IRA and your investment knowledge, you can invest in things a traditional IRA would never invest in, and potentially build wealth many times faster if your investments are good ones.

For a self-directed IRA to be a good choice for you, you need to be confident in your ability to wisely invest your own money. You'll want to make sure that the assets you want to invest in are those allowed by the IRA. If you wanted to invest in life insurance, for instance, and opened a self-directed IRA to do so you would be disappointed to find that the IRS doesn't allow that type of investment.

So the best candidate for a self-directed IRA is someone who has good investment knowledge and perhaps even a strategy, and is willing to do the research necessary to learn the rules regarding a self-directed IRA. You need to read and understand the codes relating to the account. Because you will be the one making the decisions and the investments (though the final say lies with the custodian in most cases), any mistakes you make will be our own and the custodian may not always catch them, and they're not even allowed to give legal or tax advice.

Many people claim that the code and rules surrounding a self-directed IRA are incredibly complex, but if you're familiar with financial terms and investments you should be able to handle your self-directed IRA quite capably.

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25Feb/090

What is a Self-directed IRA

A custodian holds the IRA funds for you, just as they would if you were investing into a traditional IRA. And they keep records as far as your investments and all transactions, they notify the IRA of the account activity, send you statements about your account, and offer advice as far as the rules of the self directed IRA are concerned.

When you invest in a traditional IRA, you’re not taxed on the money you invest. And if you don’t take the money out of the account until you’re 59 ½ years old, you won’t be taxed on it then. This gives people using IRAs to save for retirement a distinct tax advantage. The money is typically invested in things like stocks, mutual funds, bonds and other low-risk investments. If you choose a self-directed IRA, however, there are many different ways in which you can decide to invest your money.

The IRS allows self-directed IRA holders to invest in things like real estate, including foreign property, tax liens, mortgages and even franchises and partnerships. Some types of investments like life insurance, or investing in real estate that you already own by purchasing it from yourself, are forbidden. There are a number of rules in place that can cause other people with whom you engage in transactions with to be “unqualified” so that investing in anything involving them is a violation of the IRS code.

With a self-directed IRA, it’s your responsibility to know the codes and understand the rules. The custodian will watch your transactions and can guide you when you ask for assistance, but they can’t give you legal advice or advice on how to minimum your taxes. You should get this information from a different source than your custodian.

Some custodians, even though the IRA may allow certain types of investments, will not allow certain types. And some will monitor activity more closely than others. It’s also important to note that every institution that offers IRAs does not offer self-directed IRAs. And the contribution limit per year on a self-directed IRA is the same as a traditional IRA. In 2008, that limit was $5,000.

The biggest advantage some people find with self-directed IRAs are in those structured like a Limited Liability Company, or LLC. This makes the IRA its own business entity, so the custodian is technically investing in the LLC. The person who owns the self-directed IRA then becomes the owner of the LLC, and has what’s known as “checkbook control.”

Checkbook control lets the owner invest money directly without having to go through a broker or get permission to make certain investments. This is why it’s so important for someone starting a self-directed IRA to have investment knowledge and a good understanding of the rules.

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25Feb/090

Self Directed IRA Rollovers. What are They? Why Would You Bother?

Self directed IRA rollovers. Are your eyes glazing over already? Too hard and don't want to know? If you're setting up a self directed IRA you will probably need to know what a self directed IRA rollover is, and now is a good time to start.

And don't worry, it's not as hard as you may think.

Simply speaking, a self directed IRA rollover is a transfer of assets from a tax deferred retirement program directing those assets into your own personally managed IRA, or Individual Retirement Account. Setting up a self directed IRA isn't that difficult, and has some major advantages.

(A self directed IRA is a trust that lets you take control over the investing of your own retirement funds rather than leaving it in the hands of an IRA custodian that may be concerned with directing your funds towards their own investments rather than getting the best return possible for you.)

The important part of a self directed IRA rollover relates to tax. If your retirement funds are in a tax deferred program like a 401(k), for example, a rollover allows you to transfer those funds to your self managed IRA tax free. This preserves your tax free status for your retirement funds but allows you to transfer into a different account like a self managed IRA.

Here's 3 major advantages of rolling over your retirement funds.

Firstly, as mentioned, it preserves the tax free status of your retirement funds. Lets say, for example, you have your retirement funds in your own IRA now, and are currently eligible to receive your benefits. If you elect to take those benefits that attracts tax. But if you would rather rollover those funds to avoid attracting the tax, you are allowed to do so, by means of an IRA rollover.

So if you're in a financial position to defer taking your retirement benefits there are good reasons to rollover your IRA. It avoids tax now, and why pay tax now if you don't need to?

Secondly, if you opt for a rollover of your account, it allows you to continue with your investment plans and to grow your retirement assets until you do need those retirement funds, later in life, when your pension will be needed. You control when you need to take your funds, and only attract tax once you need to use the funds, and keep growing your investments in the meantime, tax free.

And the third reason for an IRA rollover is where you have your retirement funds with a tax deferred retirement program now, like an employer sponsored plan, and want to rollover those funds into an IRA trust like a self directed IRA for the purposes of directing your own investments.

There are good reasons to direct your own investments by setting up a self directed IRA. For example a real estate investment is about the best IRA investment, and with control of your own IRA you can invest your retirement funds in real estate. With a traditional IRA your range of possible investment options is often extremely limited, but setting up your own self directed IRA gives you control you wouldn't otherwise have on the type of investment options available to you.

(Surprisingly, even in the current disastrous real estate market there are still some fantastic IRA real estate investments available, if you know where.)

Although the basic principles of IRA rollovers are simple, the details can be more complex, and you need to consult your tax advisor to find out the details.

So don't let your eyes glaze over when your financial advisor starts to talk about a self directed IRA rollover. There are good reasons to set up a self directed IRA, and although the details of the process might be difficult, the reasons to do so are sound.

And once you've done it you're well in front for investing for your future retirement.

25Feb/091

What is the best way to find a partner for my real estate investing company?

jeffnicolas asked:


I've just finished setting up my LLc and right now im just learning the basics of real estate, property managment etc. I'm just wondering how about if i find a partner that's willing to invest some capital and expertise if any on real to help grow my company. I have dreams of owning a multi million or even billion real estate investing company. Right now i'm focusing on building a company that buys and sell cheap real estate. But in the future i want to own large apartment buildings and office buildings worth millions. I'm young but im commited to learn.

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