UTAH REAL ESTATE INVESTOR

In order to be a “real estate professional” under the law you must spend 50% or more of your time actively managing your properties AND perform 750 hours or more of your activities spent on your real estate activities. IF YOUR QUALIFY, then you can take additional passive activity losses against any type of income, including your spouses (BIG BENEFIT).

TIP: Being a licensed Real Estate Agent does NOT make you a “real estate professional” under the tax laws. This is one of the greatest myths and pieces of bad information that real estate investors get given to them that I see over and over again.

WARNING: The IRS is auditing tax returns that have selected the “real estate professional” box in order to take more of their rental losses. Thus, you must document all your activities spent managing your real estate investment properties and rentals. Keep emails, letters, a log-book of calls, etc…You as the taxpayer have the burden of proof and the IRS is making this classification a priority on audits.

This information has been provided by the tax professionals at Kingman Winslow LLC.

I want to start investing but I don’t have any time. What can I do to get started investing in real estate?

Getting started investing in real estate does not require a significant time investment. Time is essential in working in real estate but it doesn’t necessarily require your time. While there are a myriad of ways to invest without investing your time, here are a few ideas to consider.

• Be a Cash Investor
• Be an Equity Partner
• Partner with an Experienced Investor
• Invest utilizing Property Managers
• Invest in Commercial Real Estate

Let me summarize each of these options and show how they fit into our real estate investing business model.

Be a Cash Investor
Once we find an investment opportunity there are usually some up-front costs (earnest money deposit, inspections & fees, applications & permits, fix-up & repair, upgrades & construction, buying notes & loans, etc.). The up-front costs are paid by a cash investor. These investments are short-term, generally less than 1 year in length. The interest rates are significantly higher than typical investments and we are usually able to double their investments every 3-5 years. The time commitment involves a brief project review and possibly participating in a single closing.

Be an Equity Partner
The equity partners are involved with our long-term investments. Once we’ve established a significant equity position (greater than 20%) we often hold our properties instead of selling them. The equity partner is the investor who will help acquire the long-term financing on the project. The equity partner will get a significant portion of the profit from the deal and the time commitment only includes a brief project review and participation in 2 closings (a refinance closing and a selling closing).

Partner with an Experienced Investor
Becoming a partner on an investment project doesn’t necessarily require more time depending on the level of participation. Participation can be as simple as referring cash investors and equity partners to us for our investment projects. It can be as involved as participating in every aspect of the investment. It simply depends on the time you’re willing to invest and the proportional returns you want to qualify for.

Invest Utilizing Property Managers
A significant portion of time can be spent in managing an investment property. By hiring a good property manager to deal with the day to day operations can free up a significant amount of your time. The property manager is responsible for finding & keeping tenants, repair & maintenance, yard care, signing contracts, showings properties, collecting rents & fees, etc. The challenge is finding a good property manager because a bad property manager will cost you a lot of money in lost rents & high vacancy, large turn-over costs (in advertising and up-keep), property repairs (due to property damage), etc. But they can become your best friends as your portfolio grows larger.

Invest in Commercial Real Estate
Investing in commercial real estate is viewed by many seasoned investors as the pinnacle of real estate investing. Commercial real estate includes any real estate that doesn’t fit the standard 1-4 unit residential property such as residential property (with 5 or more units), mobile home/trailer parks, mixed use property (combination or residential and commercial), retail space, office space and industrial space. These types of properties usually include property management already in place or are self managed (such as the “triple net lease” where the tenant takes care of all property responsibilities). The challenge with the commercial property is that the financing terms differ from the residential loans and usually require more money to get started.

This is just a brief summary of a few options available to someone who has the interest and desire to invest in real estate but may not have the time currently available to invest with. We’re looking for people who want to be involved with the amazing industry of real estate investing. If you’re interested and would like to get started investing please contact Khayyam Jones at (801) 787-7797 or email to Khayyam@KhayyamJones.com and we’ll contact you shortly.

This business model is taken from Mike Watson’s Foundation to Success:

1. Know the “Foundation to Success“
2. Create your “Red Button Statement” (Your personal WHY)
3. Find incredible deals (competing & non-competing methods)
4. Evaluate Properties for “Highest & Best Use” (short-term & long-term strategies)
5. Buy property with the two OPM’s
6. Expose vision and put up for Sale (“flixer”)
7. Create and Enhance Equity (“fixer“)
8. Sell property for a Profit (Short-term capital creation)
9. Refinance any property that doesn’t Sell (Long-term wealth strategy)
10. Share & Educate Others; Expand the Team

I want to start investing but I don’t have any money. What can I do to get started investing in real estate?

Getting started investing in real estate does not require money. Money is an important tool but it is not a requirement for investing in real estate. While there are a myriad of ways to invest without cash here are a few ideas to consider.

• Assist an experienced investor
• Shadow an experienced investor
• Apprentice with an experienced investor
• Partner with an experienced investor
• Use your good credit and work history (traditional funding and refinancing)
• Access Lines of Credit (HELOC, BLOC, SBA, etc.)
• Use OPM (money inside your (SOI) Sphere of Influence)
• Seller Financing options

Let me summarize each of these options and show how they fit into our real estate investing business model.

Assist an experienced investor
Investing in real estate on a high level requires a team of people doing various jobs. Someone is responsible for doing research on each property before it is purchased, discovering property details, market conditions, target market parameters, financing options and so forth. Another person may be responsible for the follow-up with sellers, buyers, lenders, repair crews, cleaning crews, construction managers & workers, city officials and marketing campaigns. The next team member is responsible for the paperwork associated with each project or deal, completing everything from purchase contracts & addendums to work orders, repair requests, permits & applications and so forth. Another team member may be responsible for answering and returning phone calls, arranging contractor bids, setting appointments and showing property, tracking down owners of vacant property and many other tasks. So being involved in real estate investing can simply be a question of time, effort and energy spent in a good real estate deal.

Shadow an experienced investor
One significant aspect of investing is meeting with buyers, sellers and investors. These meetings and contacts are best done in teams (groups of at least 2 people). Our business includes knocking on the doors of homeowners in many neighborhoods of our cities. Often we stop to visit with For Sale By Owner (FSBO) sellers as we drive by their homes. This can pose a potential safety issue but going in teams increases the safety of our partners. It also creates an opportunity for a novice investor to shadow an experienced investor and learn how to talk to and negotiate with sellers, buyers and investors. It also allows the investing team to leverage the use of their experience to contact more people and increase the opportunities for investing.

Apprentice with an Experienced Investor
Working directly with an experienced investor allows you to see the details of getting an investment deal done. By helping and creating the marketing campaigns, advertising and flyers there is an opportunity to understand how to be successful in finding property and selling projects. There is also an opportunity to help with the business promotion to find additional investors and capital for the group. This allows you to learn the less glamorous but essential side of investing and it leverages the experience of the investor to get more work done.

Partner with an Experienced Investor
Partnering is a step above assisting, shadowing and apprenticing because you become a significant part of the actual investment deals. As a partner you are significant in finding equity & capital for the deals. There is a responsibility to find referrals & leads of buyers, sellers and investors who are not yet associated with our group. As a partner you begin to receive part of the profits, equity and cash-flows of each project.

Good Credit and Work History
Many people have good credit and a solid work history but just haven’t been able to save enough money to invest in real estate. These people are a significant part of our long-term investment strategy. In our business model we buy property, increase its value and sell it for a profit; but if the property doesn’t sell we refinance it and hold it long term for all the benefits of real estate investing. But there is a limit to the number of loans any one investor can have so we are constantly looking for additional people who can refinance our investment properties for the long-term. As our equity partner they get a large percentage of the profit and generally have no additional obligation to the project. And there is no cash required from our equity partners.

Lines of Credit
These investors have a different role in our system. Unlike the previous investors who refinance for the long-term, these investors use their money for the up front and short-term aspects of the project. This includes the earnest money deposit, inspections & fees, applications & permits, fix-up & repair, upgrades & construction, buying notes & loans, etc. These monies are used short-term and are repaid upon the sale or refinance of the property. Most people who have good credit and a strong job history can qualify for unsecured lines of credit, credit cards, HELOC (Home Equity Line of Credit), BLOC (Business Line of Credit), SBA Loans, etc. There are a lot of funding options even if your personal savings account is small.

Use OPM (Other People’s Money)
There are many individuals out there who have created money to invest, either through personal savings, intelligent investing, retirement accounts, etc. Many of these people want to be able to invest their hard earned money in safe and secure investments. Because you may know some of these individuals you can bring them to our group. We gain access to their funds and they get fabulous returns on their money (usually doubling their investments every 3-5 years) and you get a portion of the profits from the deals.

Seller Financing
Seller financing can allow for the purchase of property with little or no money out of pocket. Once properly understood and utilized, the investor understands that seller financing is actually better for the seller than the buyer but it does allow the investor access to the property. While the applications of seller financing are virtually infinite, the point is that there is the ability to invest in real estate without money from your own pocket.

This is just a brief summary of a few options available to someone who has the interest and desire to invest in real estate but may not have the funds currently available to invest with. We’re looking for people who want to be involved with the amazing industry of real estate investing. If you’re interested and would like to get started investing please contact Khayyam Jones at (801) 787-7797 or email to Khayyam@KhayyamJones.com and we’ll contact you shortly.

There are several sources for finding foreclosure homes. But to be more accurate, the foreclosure homes are the ones that are actually at the auction. Those auction notices are published daily in your local newspapers.

Finding the properties before they go to auction, while in pre-foreclosure, you will probably want to talk to your local Real Estate Investment Association (or club). They are probably already tracking most of the Notice of Defaults already but can show you where to look yourself. Usually a title/escrow company will email that list weekly. You can also check with you local county land records (usually online) daily.

After the foreclosure sale you will be looking for bank REOs (Real Estate Owned). These are usually on the market 2-6 months after the auction. They have to get appraisals or BPO’s (Broker Price Opinions) to estimate market value as well as other paperwork for the specific institution before they get listed and sold to the general public. These are found through a few local realtors who get the bulk of these listings and you can find them online through your local MLS, Realtor.com or most of your local agents will have some link to local housing information searches. (If you go this route I would recommend finding the main agents and contacting them directly…you’ll get faster information and less red tape since they make more commissions if you buy directly through them.)

Each stage of the process has it’s pros and cons…

Pre-foreclosurePros: You get a chance to work directly with the owner, the banks have some flexibility on price (for a short sale), great discounts on junior liens, more options and terms to negotiate.
Cons: Not all homeowners are willing to work with you (in a state of denial), not all lien holders feel the need to negotiate, usually need cash or access to quick money, usually requires educating the sellers.

Foreclosure (auctions)Pros: opening bid is usually at the amount of the first lein only, (right now) few bidders & lots of property, no negotiations.
Cons: requires cash, no guarantees (it only takes on idiot to bid up the price), no inspection period.

REOsPros: regular purchase process with loan qualifying time and inspection periods, full representation.
Cons: more competition from investors, less flexibility from banks, subject to rules of traditional lending.

Keep in mind that all three options have opportunities for fabulous deals. It’s up to you to pick an option that fits your style for investing.

Additional websites:
RealtyTrac.com
Foreclosure.com
ForeclosureFreeSearch.com
Foreclosure.net

John and Jane Homeowner
123 Myplace Avenue
Anytown, State 12345

Bob Lender
My Understanding Lender Company
456 Overthere Lane
Sometown, State 12345

Current Date

RE: Loan #(your loan number) for property at (address of property)

Dear Mr. Lender,

We are contacting you today to explain the circumstances which have caused us to become delinquent on our mortgage payments. Although we have done everything possible to improve our financial situation, we are still short on the money owed to you. We would greatly appreciate the opportunity to obtain a (proposed outcome).

The main reason we have become delinquent in our mortgage payments is (explain the reason here).

Our circumstances have (or have not) changed. As of (applicable date) we have (describe your change in conditions). At this time we do not have enough income to pay our regular monthly mortgage payment and all of the accumulated payments and fee. We truly want to pay what is owed, but at this time do not know how to accomplish this. Therefore, we are turning to you for assistance.

We are asking for (propsed outcome). Doing so, would help us get back on track. Our home means a great deal to us and we desire to work with you to keep it out of foreclosure. Please advise us of all options available to stop foreclosure (or initiate a short sale) at your earliest convenience. We are anxious to reach an agreement and appreciate your prompt response.

Respectfully yours,

Print name of Borrowers
Signature of Borrowers
Loan #
Phone
Email addresses (if applicable)

The following items are important and need to be included in your hardship letter:
• Date
• Loan Number
• Reason for Default
• Supporting evidence and documentation
- Event details
- Date of events
• Documents supporting end of hardship (if applicable)
• Your proposed outcome (what you would like to happen)

The following is a list of valid reasons for hardship that would be accepted by most lenders:
• Death of borrower
• Death of spouse or family member
• Illness• Medical Bills
• Short-term or permanent disability
• Unemployment
• Decrease in working hours
• Decline in earning for self employment
• Elimination of overtime or second job
• Mandatory pay reduction
• Increase of expenses due to short-term unemployment
• Involuntary job relocation
• Failure of business
• Divorce
• Marital Separation
• Incarceration
• Military Duty
• Damage to Property

When writing your hardship letter make sure that you honestly represent the facts as you may be asked for supporting documentation to verify your claims. Include all of the things you have done to be responsible for your loan obligations. For example:
• Created family budget
• Seeking credit counseling
• Reduced bills & recurring expenses
• Secured new employment
• Secured additional employment
• Used savings
• Borrowed or closed retirement accounts
• Increased education (more employable)
• Sold large assets
- 2nd car
- Jewlery
• Stocks, bonds, mutual funds
• Cancelled luxury subscriptions
- Magazines
- Cable TV, Internet
• Exhausted other means to pay debt

(Click here to see examples of some hardship letters)

The following paperwork is going to be required for anyone who is not able to sell the property (for more than is owed) and cannot pay the lender all of the money owed in back payments and fees:
•Hardship Letter
•Personal Financial Statement
•Authorization to Release Information
•Real Estate Purchase Contract (REPC)
•Limited Power of Attorney
•Seller Acknowledgement Document
•General Warranty Deed

In addition, the Homeowner(s) needs to be prepared to show copies of the following for each borrower:
•Tax Returns (past 2 years)
•Bank Statements for All Accounts (past 2 months)
•Pay Stubs for all Employment (past 2 months)
•All monthly bills (past 2 months)
•Property Tax Bill
•Homeowner’s Association (HOA) bills or liens
•Property Insurance statement

It is staggering how little help is really available to those facing foreclosure. An internet search for foreclosure help in Utah revealed 425,000 results for “foreclosure help utah” and yet there were only 4 true help resource pages in the entire first 10 pages of search results. Mostly there were sites aimed to attract investors to buy foreclosure lists and agents hoping for foreclosure listings.

The reality is that there isn’t much out there to really help someone facing foreclosure. Of the first 10 pages of search results there were just a handful of sites that talked about the foreclosure process. And in all those sites there wasn’t a single site that actually gave practical advice to someone seeking help for their current situation. Listed below are a few sites with some helpful information:

Understanding Homeonwer’s Options
Foreclosure Law Summaries (Utah)
Resources for Consumers (Federal Reserve)
Homeowner Information (HUD)
Foreclosure Education for Homeowners

If you know of any more good resources for homeowner’s facing foreclosure, please post a comment with the website information. Let’s pool our resources and help those who really need the help! Thank you in advance for helping those in need.