Looking to learn how to buy and sell real estate with your self-directed IRA? Looking for an untapped money source for private money loans? Looking to turbo-charge your retirement. Well you need to check this out.
4. Benefits of Self-Direction
Invest in what you know and understand
Take control of your retirement account
Choose from an extensive range of investment types
Minimize your risk and maximize your returns by truly diversifying
investments
Perform your own due diligence
5. Possible IRA Investments
• Real Estate
• Mortgages, Notes, Unsecured
Loans
• Tax Lien Certificates
• Stocks, Bonds, Mutual Funds
• Extraordinary Investments
• Security Agreements & Notes
• Private Placements
• Certificates of Deposit
• Tangible Asset Deeds
• Corporate Stock
• Accounts Receivable
Financing
• Precious Metals
• LPs & LLCs
• Auto Paper
• Trust Deeds
• Like & Unlike Exchanges
• Contract Options
• Building Bonds
• Commercial Paper
• Commodity & Option
Exchanges
• Commodities / Futures
• Leases
• Joint Ventures
• Factoring
6. Self-Dealing – Rules of the Road
• The IRA owner may not loan money for
an investment held by the IRA. Instead, a
3rd party must service the loan.
• The IRA owner may not receive a current
benefit from any investment in the IRA.
• The IRA is a trust. Assets in the IRA must
be vested in the name of the custodian or
their nominee for the benefit of the IRA.
– American Estate &Trust, FBO Lamarr Baxter
IRA #12345
7. Benefits to Working with Other People’s IRAs
• Easier to buy mortgages or make a private loan using
IRA funds than to purchase real property. The
perception is that there is less to worry about with
paper than a hard asset that needs maintenance.
• You can set up fractional interests to achieve lending
or acquisition requirements.
• Work with multiple investors–each
receives a fractional share of the
underlining security for the note.
8. The IRA and the Investment
• With a self-directed IRA, the IRA owner selects the
investment and is the ultimate decision maker. The IRA
owner must perform his or her own due diligence.
• No requirement to record a document or get title
insurance for a property. The IRA can state what it needs
to feel protected. What would you do?
• The IRA can make both secured and unsecured loans.
9. Comfort Level for the IRA Investor
Do not assume that because there are people you know,
they feel comfortable doing business with you. Expect
and be prepared for:
• Know the usury rules in the state in
which the note is created.
• Know the lending laws in the state in
which the loan is granted (securities
laws).
• Structure a security interest that is
marketable in case the IRA needs to sell
its interest to raise cash.
10. IRA Lending
• Borrower & Lender - Keep the LTV at a reasonable
rate.
• Borrower - Provide background on yourself, the
investment, and your history in the business. Have a
plan to explain how much money you need, for what
purpose, when the money is needed, and how you plan
on paying the IRA back.
• Borrower - A personal guarantee helps make someone
feel better about you if they don’t know you. IRA
owners are especially concerned about having an exit
strategy and protecting their IRA.
11. Borrowing as an LLC
• An LLC structure can be detrimental to an
IRA:
– Might not allow a change in ownership.
For an IRA to be cashed out, the LLC
might have to be dissolved.
– Can violate Blue Sky laws
– Undivided interests. Makes your job
communicating with an advanced IRA
investor more difficult because an LLC
make the deal not liquid.
12. Case Study
Lisa’s IRA agrees to lend
$100,000 to Pete, secured by a
single-family house in Kansas.
13. Note Secured by Real Estate
• Lisa’s IRA is the source of funds for Pete’s purchase.
• Lisa submits an Investment Direction Letter to
Accuplan to start the transaction.
• Lisa directs Accuplan to send the money on behalf of
Lisa’s IRA.
• The Note is made payable to American Estate & Trust
FBO Lisa’s IRA.
• Security (deed) is endorsed over: Assignment
• Payments are made to Lisa’s IRA based on terms of
the note.
• If Pete defaults, Lisa’s IRA forecloses and takes the
Kansas property. Expense of foreclosure comes out of
Lisa’s IRA.
14. Collateral Sources
• Subject Property via Deed of Trust (preferably 1st
position and low LTV)
• Other Real Property (Cross-Collateralization)
• Co-signer willing to pledge personal and/or real
property as collateral
• UCC-1
• Accounts Receivables (Factoring)
• Automobile w/ clear title (Require Full coverage
insurance)
15. Due Diligence
• Check out the condition of property and neighborhood
• Screen borrower (verify credit, income source, assets
and references)
• If loaning to “flippers” verify past performance on
previous properties ( i.e. timelines and profits)
• Have title company perform a COMPLETE title search
for liens and/or clouds on title
16. Checklist
• Secure a relationship with Title/Escrow Company
• Secure a relationship with a Licensed Appraiser
• Secure a relationship with a Loan Servicer (if long
term loan)
• Make sure YOUR appraiser performs the appraisals
using BEFORE “Repair Value”
• Have COMPLETE Title searched performed at
borrowers cost
• Secure Title Insurance at borrower’s cost
• Monies should be granted the ONLY through the
Title/Escrow company AFTER there Deed of Trust has
been recorded
18. Where Do I Find The Money?
• Business Brokers
• Investment Networking functions
• Consultants who work in unique industries
• Investment Seminar and Workshops
• Recently terminated and/or laid off individuals
• Friend and relatives
• Visit your local real estate investment club meetings
• Visit and join online investment forums
• Publish online classified ads relative to real estate and
investments
19. How Do I Ask For The Money?
• Be prepared to sell yourself and the investment
opportunity
• Present a professional, polished and brief investment
summary describing the investment opportunity (i.e.
projections, term, yield, exit strategy, etc…)
• Compare your investment opportunity to their
traditional investment vehicles
• Emphasize the collateralized security component of a
loan secured by a deed of trust
• Demonstrate you are an expert in your area of
investment
• Offer a competitive yield
So, why self direct? Well, we already talked about what it means when you have an account that is truly self directed. So, some of the reasons that people like to self direct is that it gives them control over their retirement plan. Cuz lets face it, nobody is going to take care of your money like you would.
And, self direction gives you the freedom to invest in what you know and understand. Meaning, if Im a realtor, do you think I feel more comfortable buying real estate? Or buying mutual funds? I probably feel like I have a better handle on real estate and that’s where I feel comfortable investing my money. With true self direction, I have that option of investing in what I know best.
Which in turn, could potentially provide higher returns because I am investing in an arena I am familiar with
Also, by utilizing self direction, now I have a larger range of investment choices which allows me to diversify my portfolio even further
By using Entrust as the administrator for your account, you get much greater flexibility in the number of investment choices you have. You are not limited by the parameters set up by the custodian.
Lisa notes:
Christina is Lisa’s tenant. The home she is renting developed a sink hole. Christina needs to move. She decides to buy a home. She has the down payment but her income from her business is not enough to make the lender happy. She needs 35K. She comes to Lisa. Lisa is not comfortable putting a second mortgage on the property.
Lisa’s IRA lends Christina 35K secured by business receivables. UCC1 is the security documentation.
Bruce develops commercial real estate. He has worked with the same investors over the last 20 years who lend Bruce money out of their IRA. Each IRA has a security interest and gets a piece of his deal.
Barbara borrows money for optioning major land parcels to build VA clinics. She borrows from OPI’s at 12.5% interest only for 1 year with balloon, with no collateral.
Real Estate Investor Meetings
BNI (networking functions)
Local physician associations.
Consultants who work in unique industries.
Business Brokers
Private Pension/Equity Funds