Ask a Multifamily Expert: Lending

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Scott Miller is a Senior Loan Officer and Sales Manager at Wintrust Mortgage in Plymouth / Maple Grove, MN where his focus is on closing loans and implementing Wintrust’s C.H.A.L.C. closing system to make sure people understand the urgency on getting financial documents to them to insure a smooth closing.  Scott has been in the business of originating loans for over 25 years and was the owner of River City Mortgage until they were sold to Wintrust Mortgage in April 2011.  More information can be found on his website or you can contact Scott directly at (763) 509-7400 or SAMiller@wintrustmortgage.com.

1)  Tell us about the financial services you offer to Minnesota multifamily owners and investors?
Wintrust is licensed in all 50 states.  We are a correspondent lender which means we underwrite the loans and fund them with our money.  We then sell them to an investor.   This also allows us to broker loans in the event we cannot find a more traditional route for that loan.  We sell directly to Fannie Mae and Freddie Mac which allows investors to finance 10 properties rather than 4 for most lenders.

2)  What 15 and 30 year fixed interest rates are you seeing in today’s market for qualified investors purchasing duplex, triplex, and fourplex properties?
Keep in mind, credit score, debt ratios and down payment will have a huge impact on the rate.  However, todays rates are:  2 unit 3.5 for 15 year and 4.125 for 30 year.  3 unit 3.75 for 15 year and 4.125 for 30 year and the 4 unit is 3.875 for 15 year and 4.25 for 30 year.

3)  Many investors speak of the rule of no more than 4 Fannie Mae investment loans at a time.  Please elaborate on this rule.
Fannie mae and Freddie mac allow up to 10 properties.  We sell directly to these investors so we can do up to 10 properties.  The biggest issue we see with investors is NOT having the 6 months reserves for each home.

4)  How much should an investor expect to pay in total origination costs (non-closing) for a loan through your office?
Our only fees are the 1% origination fee and a $995 administration fee.  You have title company, trust and state charges to wrap it up.

5)  Where do you think interest rates will be 1 year from today for the loans you originate?
Fannie and Freddie are increasing their loan fees NOW.  It is their guarantee fee (called a g-fee).  This is the fee to make sure loans are delivered into the market.  This fee will be passed directly to the borrower.  I see rates going into the 4’s or low 5’s in the next year.

Lunch & Learn

Please join InvestProp for its monthly “Lunch & Learn” event on Thursday, September 27, 2012.  InvestProp will begin with a brief market update, followed by Scott Miller, Senior Loan Officer and Sales Manager at Wintrust Mortgage in Plymouth / Maple Grove, MN.   An open Q & A and networking opportunity will conclude.

Please RSVP here.

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Ask a Multifamily Expert: Roofing

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Jeff Richard is the Sales Manager with Royal Roofing where his role includes sales and project management.  Jeff is no stranger to the roofing industry, having spent 21 years in the construction field. While managing his sales team and working with clients, Jeff understands the importance of good customer communication. InvestProp asked Jeff 5 multifamily relevant questions.  More information can be found on his website or you can contact Jeff directly at (763) 567-9226 or jeffr@royalroofinginc.com.

1)  Tell us about the services Royal Roofing offers to multifamily owners?
Royal Roofing offers services ranging from preventive roof maintenance to complete roof evaluations and replacement.  Royal Roofing services multiple types of roofs from shingled to EPDM and TPO and work with small to large budgets.

2)  What type of product or installation warranties do you offer and are they standard or an added charge?
Most steep roof warranties (standing seam, composition and cedar shingles), have the cost built into the base price of the product.  These warranties can range from 25 years to life time warranties.  All of our warranties come with a 2 – 10 year workmanship guarantee; this is additional to your manufacturer’s warranty.

Low slope flat roofing products have an additional cost above the base price based on square feet.  This pricing is based on the number of years the customer would like the warranty to run.  Having a manufactures warranty guarantees that the roof was installed per manufactures specifications.  When choosing a roof system some of the factors that we look at are:  environmental and roof top foot traffic.  Remember not one type of roof system performs well for all situations.

3)  Royal Roofing installs a lot of TPO flat roofs on apartment buildings.  Briefly detail that type of roof and how it is different—cost and quality—from a standard EPDM rubber membrane roof?
Thermoplastic polyolefin, or TPO, is the fastest-growing segment of the commercial roofing industry.  Fueling this growth is the increased use of TPO in structures where reflective, energy-efficient and cool roof products are becoming the norm.  TPO membranes are ENERGY STAR-Rated and Cool Roof Rating Council (CRRC)-certified. They have been directly attributed to a reduction in a building’s energy use and cooling costs.  One of the primary benefits of TPO membrane is the ability to fuse the sheets together with a hot air weld.  The welding process results in a bond that is actually stronger than the sheet itself.  Now this differs from traditional EPDM roofs where the seam are glue together.  Flashing details, such as exhaust vents, pipes and parapet corners are also completed using hot air welds.

4)  Multifamily roofs often have multiple layers of old roofs.  What major issues should an owner be aware of in this situation ranging from code compliance to tear off costs?
Most if not all roofing companies will add an additional cost to you project if the roof has multiple shingle layers or roofing material.  Just in the last couple of years the state of Minnesota adopted from the Universal Building Codes that all buildings with shingle in style, roof systems must be tore off down to the decking.  The days of 3 layers of shingles on a home are a thing of the past. Low slope / flat commercial roofs can still have up to (2) Two roofing systems as long as none of the layers are wet or saturated.

5)  Multifamily owners are often faced with the question of repair or replace.  Do you have any wisdom or rules of thumb for owners faced with a roof near the end of its useful life, but maybe not at it?
Royal Roofing will begin by conducting a roof analysis. At the end of the analysis, we will discuss the findings and results of our findings.  This Report is for you to keep in your records and refer back to it when necessary.  We usually will recommend roof repairs, if the repair can extended the roof performance another 2- 5 years.  We also set up a repair budget to improve the condition of your roof so it can be maintained effectively.

If the results of the analysis indicate that the roof is beyond repair, we will estimate the time remaining on your present roofing system so that you can budget in advance for this important part of your building envelope that protects everything you value inside.

Preventive Maintenance is a key factor on how well your roof will perform.  Even if you buy a new car, you still need to have maintenance completed to achieve the best performance from your investment.  Having a yearly roof inspect can prevent major problems from starting.

Lunch & Learn

Please join InvestProp for its monthly “Lunch & Learn” event on July 24, 2012. InvestProp will begin with a brief market update, followed by Jeff Richard’s, Sales Manager at Royal Roofing, Inc.   An open Q & A and networking opportunity will conclude.

Please RSVP here.

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Ask a Multifamily Expert: Leasing and Market Data

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Sue Speakman-Gomez is the President at HousingLink and has been with the company for over 10 years.  Her role at HousingLink is to help people find affordable rental housing, help landlords find renters and understand programs like the Section 8 Voucher program, and help policymakers and community members understand the landscape of affordable housing in their area.  InvestProp asked Sue 5 multifamily relevant questions.  More information can be found on her website or you can contact Sue directly at (612) 522-2500 x 223 or sspeakman@housinglink.org.

1)       Tell us about the services HousingLink offers to multifamily owners and investors?
For owners and investors HousingLink is primarily a website (www.housinglink.org) to advertise open listing through and a data source or information about the current state of the Twin Cities market.  HousingLink was founded fifteen years ago to help connect renters to affordable rental options throughout the entire metro area. We have grown from faxing a list of vacancies out to folks to having an interactive website where over 455,000 searches for housing were conducted in 2011. HousingLink also partners with local nonprofits and MHA to provide education and resources to owners through our website.

2)      HousingLink now has a quarterly apartment market data report.  Please explain the value of this new report to multifamily owners and investors and how it compares to others already in the market.
Historically in our market the only report available about the multi-family industry was focused on apartments with 10+ units in the property. Our Twin Cities Rental Review is a quarterly report comparing the apartment market to the shadow market (house, duplex, condo, townhome). The report has brought into the light the fact that the shadow market represents on average 60% of the rental opportunities available at any given time in our community. These shadow units have a big impact on the rents and renters demands in searching for housing.

The report also includes a Demand Index which shows what preferences renters searched for i.e. bedroom size, building type, etc. This information can be very helpful when planning where to invest, what type of property, not to mention analyzing rent and amenities being offered in the market.

3)      Why should a market rate multifamily owner who has never used HousingLink decide to market their property for lease on HousingLink? 
Our website is average 40,000 searches per month this year. Increased exposure for your listing will happen as a result of being listed on our website. Our service is focused on targeting low-to moderate-income renters, so units with more affordable rent prices will undoubtedly receive a lot of traffic.

4)      What advantages does HousingLink offer to tenants and owners over Craigslist? 
HousingLink is a trusted source of data in the community. Many local government agencies and nonprofits refer their clients to search for housing on our website. HousingLink’s website allows users to search from a map so they are exposed to areas they may to have thought about living in. Searching via the map allows renters to put in a location such as their work, daycare, or family members and find housing near those important locations.

5)      What is in store for the future of HousingLink?
HousingLink is always looking at how we can improve our website and resources that we bring the community. This summer we will launch Housing Hub, a destination for rental housing training. Renters, landlords, service agencies, and government organizations will find videos, documents, and resources to answer questions and solve housing problems. Some resources will have a fee and some will be free. In addition to improving the resources available through the website we are also planning to expand our service area statewide.

Lunch & Learn

Please join InvestProp for its monthly “Lunch & Learn” event on June 26, 2012.  InvestProp will begin with a brief market update, followed by Sue Speakman-Gomez, President at HousingLink.  Sue will show how HousingLink adds value to multifamily tenants and how their online systems help owners market and source tenants for their properties.  An open Q & A and networking opportunity will conclude.

Please RSVP here.

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Ask a Multifamily Expert: Multifamily Finance

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Nicholas Place is Assistant Vice President of Commercial Lending at Bridgewater Bank.  He has over 5 years of banking experience in areas ranging from personal finance to large commercial real estate lending.  Currently his role focuses primarily on real estate lending with local successful entrepreneurs in the Twin Cities metro area.  He has direct lending experience involving residential rehabs, multi-family properties, retail strip centers, industrial building, office properties, single family construction and specialty financing relating to Letters of Credit and Tax Credit Bridge loans.  InvestProp asked Nicholas 5 multifamily relevant questions.  More information can be found on his website or you can contact Nicholas directly at (952) 893-6846 or nicholas@bridgewaterbankmn.com.

1)       Tell us about the products and services Bridgewater Bank offers to multifamily owners and investors?
Bridgewater Bank has numerous products that are catered specifically to the multi-family investor.  First and foremost, we’ve designed lending programs to address the various financing situations that many multi-family investors typically encounter.  These include short-term acquisition financing, mini-permanent financing for the mid-term hold, short-term bridge financing until long-term debt can be sourced, and construction financing to improve an existing property or purchase, renovate and stabilize in a reposition scenario.

Bridgewater has also geared a number of deposit products to the needs of apartment owners.  This includes our E-Deposit products which allow you to make deposits remotely from your home or business office, eliminating time consuming trips into the bank.  Also, we’ve created E-Cash Management  which allows you to pay taxes, originate ACH transfers, send wires, and assign access controls to various users.  These products are all geared toward simplifying your banking so you can focus on your business.

2)      What is the typical size or value of property and loan amount that Bridgewater looks for?  Are there properties or loan amounts that do not fit?
Bridgewater Bank has experience financing properties as small as single family rentals all the way up to large apartment buildings.  Due to our (relatively) small size, our target market tends to fall in the 12-125 unit properties located within the Twin Cities Metro Area.  This tends to result in loan sizes that are between $250,000 – $10,000,000.

While we have experience in lending on small unit properties (less than 4 units), these small loans tend to be more difficult for us to finance.  This is largely due to current exposure in this collateral segment and our need to continue to diversify our loan portfolio.  As a result, our underwriting on these types of properties tends to be so conservative that there are lower cost providers in the market.

3)      Bridgewater Bank is a local, portfolio lender correct?  What difference does that make to Minnesota multifamily owners and investors.
Correct.  Different from many larger lenders, Bridgewater Bank “portfolios” each loan that we originate.  Meaning that we don’t package and sell off the loans to other banks, which then handle the servicing and take on the risk.  This changes a lot as it pertains to the local borrower.  Since we fully expect to keep the loan until it’s paid off, our underwriting of the transaction may be more thorough than it would be with a larger lender.  We also almost exclusively require personal guarantees on our loan when someone borrows through an LLC.  Furthermore, our loan terms tend to be shorter than larger lenders as we primarily finance on 3-7 year balloons.

Although there can be many differences in the structure of the credits, it’s our belief that the benefits outweigh negatives.  As a local lender, we have years of experience lending in the local market, which not only helps us to avoid potential lending pitfalls, but can be a source of knowledge for our customers to rely on to help them avoid similar mistakes.  Additionally, our customers enjoy the fact that our lenders and bankers are with them through the life of the loan.  We strive to have a solid understanding of their long and short-term business model to structure products accordingly.

4)      Are you processing a lot of multifamily refinancing in today’s market?  Any advice for owners before they call you and pick up the phone and say they would like to refinance?
We’ve certainly seen the amount of refinance activity increase over the last 12 months.  This is due to a number of factors, but primarily resulting from an improving multi-family market coinciding with an improving banking industry.  As banks continue to bolster their balance sheets and reduce problem assets, they are beginning to source new avenues to deploy lending dollars.  Since the multi-family market is one of the few bright spots in the commercial real estate environment, this increased competition has forced lenders to reduce interest costs to remain competitive.

If someone was looking to begin the refinance process, I would suggest starting with the bank that already has your loan.  They obviously liked you and your project enough to provide you with financing at the onset, odds are, they’re still interested in that type of product and would want keep your business.  If you can’t make any headway there, I would begin with trying to locate a bank that you feel fits into your business model.  Then I would organize your personal and business finances BEFORE you meet with a prospective lender.  Having these items in order will drastically improve the quality of the conversation when you first meet.  Lastly, I would suggest calling to introduce yourself, but do what you can to meet with them in person.  This can expedite the approval (or denial) process as it allows both of you to ask questions.

5)      Is there any way you can quantify or discuss the value of Bridgewater Bank to a repeat client versus the alternative–sourcing funds through a bank with no relationship after closing?
In many cases the value of having a banking relationship is somewhat intangible.  It’s tough to quantify what it’s worth having a banker with whom you have a history and they understand your business.

However, I would say that this value is most apparent when working on a project requires immediate action.  I can recall numerous scenarios where a customer had a short deadline due to a short-term opportunity or financing that fell through at the 11th hour.  Having a banker that knows you as a borrower, has underwritten your financial profile, and is nimble enough to underwrite a transaction with a streamlined approval process, makes it possible to turn around financing within a few days on even large and complex transactions.  These are opportunities that may be lost had you been forced to start a banking relationship from scratch.

Lunch & Learn

Please join InvestProp for its monthly “Lunch & Learn” event. InvestProp will begin with a brief market update, followed by Nick Place, Assistant Vice President – Commercial Lending at Bridgewater Bank.  Nick will detail the multifamily finance market and the value Bridgewater Bank brings to its clients as a lender that “portfolios” or holds loans on its books.  An open Q & A and networking opportunity will conclude.

Please RSVP here.

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InvestProp U: Maximizing Value in a Strong Multifamily Rental Market

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Maximizing Value in a Strong Multifamily Rental Market

1.  Maximize in-place income: know your submarket asking rents.  

Pull up Padmapper.com, enter the address, select the # of bedroom and enter the rent for $50 above and $50 below your asking rents.  Check out the number of other rentals in the market.  Play with the rent amount, + or -, to see if you are low, about right, or high for your SF, finish level, amenities, utilities, etc.  Click to the other listings to study them, paying attention to the pictures to compare apples to apples.  If attracting new Section 8 tenants, check for the maximum allowed by law.  If you already have Section 8 tenants, you are likely stuck with small % increases, unless you can prove unit improvements justify the increase.

2.  At renewal or upon a vacancy, start charging add-ons: Pets, Parking, Storage, etc.  

It is now common to charge pet rent, notably dogs and cats, separate from an added security deposit.   If you have off street parking or garages, and have given these away in years past, start charging rent.  Owners from East St. Paul to Uptown all charge and collect rent for parking.  Surface parking fees are less likely outside of the inner cities or inner ring suburbs.  Even storage, charge something, even minimal.  It is better to charge something, even $10/month, than give it away free and find yourself with a storage closet full of garbage after a tenant vacates.  All income, no matter how small, attributes to added value at the time of sale or refinance.

3.  Consider passing through non-separately metered utilities to the tenants.  

Owners from small to large are passing through expenses to tenants making their leases more like “net” leases than standard “gross” leases.  Owners have to be careful of Minnesota State Statutes in order to provide tenants with the proper notice and historical operating bills.  Owners need to also make sure their lease spells out the charges.  Typically, there is a specific utility addendum.  Two commonly passed through utilities are gas heat and water (1 boiler and 1 gas meter).  Another option for water, other than separate meters, is sub metering.  Water meters can be added to each source of water for each unit–sink, toilet, and shower to truly track and pass through to tenants, their water use.  Typically, owners hold back 10-20% of the costs to the landlord and divvy up the rest by total number of units or rented square feet of unit divided by the gross rented square feet.

4.  No more discounts for “Safe” “On-Time” legacy (long term) tenants.  

Some owners like to keep “sure things” for the on-time payment loyalty.  Well, even $20 less per month equates to $3,000 in value at an 8-capitalization rate.  No special favors.  The only potential exception is perhaps a single-family home with one tenant.

5.  Select minor improvements to trade or ask for higher rent.   

Updating any one high touch element like kitchen appliances, flooring, cabinets, shower/tub, carpet, are perceived positively by tenants.  Instead of sending a blank letter asking for higher rent and waiting it out, propose to your tenant that you will be updating their unit in order to justify the rent increase.  Given the perceived value, tenants may be more inclined to stay and sign than re-shop the market.  Bigger picture, these minor improvements allow owners to keep up with the market–condition and value.  When it comes to valuation, even if you have a strong rent roll, if your units are outdated, many buyers are going to discount your property for the money they believe they will need to pay to “keep” the rents.

6.  Take care of TLC projects.  

When it comes to obtaining the highest value in the market down the road, including attracting new buyers, a property must have few to no significant deferred maintenance items.  In other words, the more little things that need to be attended to, the buyer pool becomes limited to those more contractor-like who look for large returns.  So in these good times, take the time to repair or replace minor items like:  building exterior blemishes (stucco/paint/tuck pointing), old water heaters, old landscaping, old thru-wall air conditioners, outdated common area paint or carpet, etc.

7.  Cycle out tenants who don’t pay on time.  

When times are bad, owners take what rents they can get, even if late.  When times are good, patience should be short for tenants who continue to pay late.  In these stronger markets, owners are better off evicting the late paying resident then re-tenanting the unit to a better credit/quality tenant.  This will help with cash flow, but also lead to higher year-end rents reviewed by prospective buyers.

8.  Look for efficiencies in expenses.    

Just as greater operating income positively impacts value, so does decreased operating expenses.  Options range from increased energy efficiency with outdoor temperature controls to boilers, replacing standard showerheads with low-flow showerheads, and re-bidding out all your existing vendor contracts.  Investors typically input their own management and maintenance fees, but if owners/sellers can demonstrate low in-place historical expenses, their case is stronger for higher value.

9.  Review the condition and life expectancy of major capital items.

If two or three major capital items are very old and near the end of their useful life:  roof, windows, boiler, parking surfaces, pick one to update.  Replacing some or all of the windows or the boiler may lead to decreased expenses and contribute to added paper value.  On the other hand, replacing a crumbling parking lot or leaking roof may not add to paper value, but in their current state, they appear as added financial risk to buyers.  Investors typically run conservative numbers on capital risk, and they will typically budget more than actual cost to replace, so if an owner does not want to replace, he or she must be prepared to have a buyer to decrease their purchase price by most of the cost of that capital item.  There simply is no way around it.

10.  Schedule rental “open houses” to create scarcity.

Instead of advertising a unit for rent, advertise a Rental Open House from noon to 3 on Saturday and book it every 30 minutes for 3 main reasons:

1) Tenants see others coming and going and are incentivized to act.  In this market, it is not unheard of for tenants to offer more than the other tenant to get the unit they want.  2) In this scenario, owners bypass answering questions for people whom never tour.  In this case, potential tenants tour first, and ask questions second.  During this time, owners, caretakers, or lease agents, can get a good feel of the range of options–the ones that ask lots of tough questions will stick out from those who seem really happy and easy going.  3) At the end of the tour, prospective tenants are advised of multiple showings and they will need to make a final decision by the end of the weekend (Sunday).  This alerts the tenant they need to decide immediately.

Posted in Capital Improvements, InvestProp University, Management / Operations, Sell, Buy, Refi | Tagged | Leave a comment

Ask a Multifamily Expert: Multifamily Brokerage

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InvestProp was formed by Brad Schaeppi, a licensed broker, attorney, and 10 year veteran of multi-unit real estate development and brokerage.  Brad’s experience covers the spectrum from commercial leasing and project management with PAK Properties of St. Paul, to work as a Senior Project Manager with Vail Resorts Development Company in Colorado, to most recently, institutional investment sales with Welsh Companies of Minnetonka.  In May 2011, Brad left Welsh Companies to create a multi-housing only brokerage that offers institutional level underwriting, analysis, and customer service to the individual owner and investor at a more affordable, small shop price.  You can contact Brad directly at (612) 770-7447 or brad@investprop.

  1. What 3 things should owner’s know about today’s market?
    There are new buyers in the market.
    Inplace income is king.
    Time to take care of tlc.
  2. Tell us about new buyers.
    The big owners are still getting bigger, but there are several groups of guys in their 20s and 30s who are quietly buying up small and medium sized multifamily and have a more optimistic approach to value than owners in their 40s/50s/60s who may be stuck in their “per door” analysis.
  3. Tell us more about in-place income.
    Absolutely everything should be done in this market to increase income–from storage to parking to higher rent and reimbursed heat and water.  Generally speaking, owners should not be giving deals to tenants who pay on time and who don’t want to pay higher rent.  Owners can use www.padmapper.com  to survey asking rents in their submarket.
  4.  What do you mean by TLC?
    In order to maximize value in today’s market, a property cannot have a laundry list of deferred maintenance.  A short list is ok.  Most potential buyers are investors only not also contractors.  In other words, the more deferred maintenance, the smaller pool of buyers who can and will perform and buy your property.

Lunch & Learn
Please join InvestProp for its monthly “Lunch & Learn” event on April 25, 2012.  Mr.Schaeppi will speak from 12:00 – 12:30 pm on positioning multifamily properties to maximize value at the time of sale in addition to tips when buying and selling multifamily properties.  This will be followed by an open Q&A and network opportunity for all attendees.

Please RSVP here.

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Ask a Multifamily Expert: Multifamily Law

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Christopher Huntley has been practicing law since 2004 primarily in the areas of commercial real estate and commercial lending.  Christopher works with corporate and individual clients of all sizes on sophisticated real estate transactions involving assets in multiple jurisdictions.  Huntley Law delivers the quality of service of a large law firm without the cost of a large law firm.  InvestProp asked Christopher 5 multifamily relevant questions.  More information can be found on his website or you can contact Christopher directly at (612) 598-0942 or chuntley@huntleylawllc.com.

  1. Tell us about the services Huntley Law, LLC offers to multifamily apartment owners?
    Huntley Law, LLC specializes in resolving real estate, leasing, lending, and corporate legal issues and can represent multi-family building owners in connection with legal needs that arise in connection with the sale, acquisition, operation or financing of your project.
  2. Multifamily investors form partnerships to purchase multifamily property together.  What critical factors should these future partners understand before they become members of a new entity?
    The first question the investor should ask is what type of entity will be used for the project.  The investor may be personally liable in connection with certain ownership structure (e.g. a partnership).  Second, an investor should ask what future commitments the investor will have if the property does not cash flow and if those obligations will be shared equally.  Third, investors should determine what type of voting rights they will have, how many votes will be needed to approve certain types of transactions (e.g. taking out a substantial loan, selling the property, etc.), and how the operating company will be managed and run. Fourth, investors should ask under what circumstances their interest could be diluted.  In other words, are there circumstances under which an investor’s ownership percentage could be reduced by the inclusion of additional members or the sale of additional membership shares. Investors should request that before any ownership interest is offered to a third party, it is first offered to the existing members, and it should only be offered at a price that reflects the then existing value of the entity.  Fifth, and probably most importantly, the investor should ask how he or she can get out of the deal if the relationship among the investors deteriorates.  An operating agreement or other organizational document should include a good exit strategy for investors and an explicit step by step process that outlines how investors can cash out their position.
  3. Investors are often approached by multifamily renovators/developers to invest into their projects.  Any major legal pitfalls or key legal protections investors should be aware of for before they sign up and wire the funds?
    The list of potential pitfalls is endless. An investor should definitely consider seeking the advice of an attorney before turning over any funds.  At a minimum, the investor should ask to see all of the organizational documents for the entity (and review the issues addressed in the previous question) together with a proposal of the intended project that outlines the costs, the timeline for the project, and a source of funds for the project.  An investor should also attempt to control his or her funds to the extent possible during the process.  This could be by either withholding payment until the funds are needed, having the funds deposited in escrow, or having voting rights for certain decisions.  The investor should also ask for evidence of the interest that he or she has acquired in the entity.  A stock certificate would work, but most entities are unwilling to issue certificates these days so a simple resolution adopted by the board that sets forth the number of shares that the investor will receive and that further outlines the amount of consideration the entity will pay for these interests.  The investor should also ask for some due diligence information on the entity including a list of investors, a list of all assets and liabilities, and any future commitments.
  4.  Please explain the concept of a holding company, its general structure, and why it might be relevant to a multifamily owner with a portfolio of buildings.
    A holding company is a legal entity that owns a 100% ownership interest in other entity or entities, which entities in turn own specific assets like a property.  There are a couple of reasons for structuring transactions in this manner.  First, it provides the investors with an extra liability shield.  If a claimant can “pierce the corporate veil” at the operating company level (because corporate formalities are not maintained) and go directly after the shareholder of a company, the claimant could only go after the holding company and not the investors themselves as there will be an additional corporate barrier.  Second, a holding company streamlines the management and operation of the property.  As the investors only acquire an interest in the holding company, the operating company is the one running the property and the one making decisions on the management and operation of the company. This structure eliminates the headaches that can be associated with TIC structures, for example, or other structures where the investors own a direct interest in the property. The third, and probably the most significant, reason for this structure is that it makes it easier and cheaper to add investors and for investors to cash out their position if they desire to leave.  Unlike selling a direct interest in real estate, selling an interest in a holding company does not require the consent of mortgagees or lenders, does not require the investor to record documents in the public records, and does not generally require the investor to pay deed taxes or other transfer fees.
  5. Sellers of commercial multifamily property rarely make any representations or warranties before, during, and at the time of sale.  That said, does a Seller still need to have “AS-IS” language protection in a purchase agreement?
    A seller should always add language in the purchase agreement that states that the buyer is purchasing the property “AS-IS”.  During the sale process, and during the follow up due diligence process, the buyer may come into contact with many of the seller’s employees and agents, each of which may indirectly be making representations or general statements as to the state of the property.  Even the seller may inadvertently be making comments about the condition of the property.  A buyer may attempt to claim that these statements were representations made by the seller, and the seller may be deemed to be in default if the representations turn out to be untrue.  In addition, there are certain representations that may be implied by law if the seller does not include “AS-IS” language in the purchase agreement.  That being said, a buyer should request that a seller make certain representations warranties as to the condition of the property, and should further require that the seller remove any “AS-IS” language in the purchase agreement.

Lunch & Learn
Please join InvestProp for its monthly “Lunch & Learn” event on March 28, 2012.  Mr. Huntley will speak from 12:00 – 12:30 pm on his firms multifamily services that include forming partnerships, investing in multifamily properties, and holding companies.  This will be followed by an open Q&A and network opportunity for all attendees.

Please RSVP here.

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Ask a Multifamily Expert: Tax Code & Multifamily Properties

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Jeffrey Ballenthin is a founding partner of Ballenthin, Funk & Johnson, LLP.  He has extensive experience in various fields of accounting and taxation in real-estate transactions.  InvestProp asked Jeffrey 5 multifamily relevant questions.  More information can be found on his website or you can contact Jeffrey directly at (651) 689-0130.

  1. Tell us about the services Ballenthin, Funk, & Johnson, LLP offers to multifamily apartment owners.
    We are a full service CPA firm that specializes in construction and real estate.  The most common services we provide to multifamily owners are tax preparation, partnership structuring, transaction structuring, and financial operations consulting.  For people who own HUD properties, we do Audited financial statements, REAC data submissions, and cost certifications.  For developers we do everything from budgeting, to capital stack structuring, to construction loan draw requests.
  2. First time investors and seasoned verterans form new partnerships to purchase multifamily rent property.  If you were advising an individual partner at the time of formation, what tax planning advice would you offer him/her?
    The most important thing we do for multifamily clients when forming a partnership is talk with them about their intentions and risk management.  We share stories about partnership disputes we have seen and offer suggestions to prevent future problems.  Once everyone is comfortable with the general intent, we read the agreement to make sure it both accomplishes the intent, and complies with tax rules.
  3. Multifamily properties often operate at a taxable loss after depreciation.  Do you have any rules of thumb for small and large owners?
    The rules for how rental losses affect an owner’s tax return are more complicated than many CPAs think.  As experts in this area, we feel comfortable describing the rules to our clients.  We first inform the owner about which tax-classification they qualify for.  The three possible classifications are Passive Investor, Active Investor, and Material Participating Real Estate Professional.  Each classification has different rules regarding how much, if any of the rental losses can be used to off-set other types of income.  We then analyze the effects of each classification on the owner’s overall tax situation to pick the option that maximizes the overall wealth of the owner.
  4. Most multifamily properties have caretakers who live with reduced or free rent/income.  Any special tax considerations for owners with caretakers?
    Since it is common for multi-family owners to give rent discounts to caretakers, it is important to understand these rules.  To avoid tax problems as a result of the arrangement, both parties should document 1) The lodging is provided for the convenience of the employer, 2) the lodging is on the business premises of the employer, and 3) the lodging must be accepted by the employee as a condition of their employment.  Each of these requirements has been defined in the tax code, court cases and other sources of tax information.  We generally suggest a written agreement with the caretaker that includes some key language to meet these criteria.
  5. Do you have any new tax code updates or trends for multifamily rental property owners?
    The IRS recently issued new regulations describing which expenses should be capitalized and depreciated versus expensed in the current period.  Some of the new rules affect multifamily owners.  There were new 1099 reporting rules included in the Small Business Jobs Act signed by the President in 2010.  In general, we always advised our clients to prepare them.  However, congress felt the need to specifically include 1099 reporting for rental real estate owners in the law.  This implies that 1099 reporting was not required for all rental property owners under the prior law.  Even though the law was repealed by the Taxpayer Protection and Repayment of Exchange Subsidy Overpayments act of 2011, we are left with additional clarity on 1099 reporting.  An interesting trend we have seen is the Minnesota Department of Revenue initiating audits related to owners “at-risk” basis in properties.  This is interesting because in the past, only the IRS would audit on this issue.  The MNDOR has also stepped up sales tax audits.  This affects multifamily owners mostly in lawn care and cleaning which are both subject to sales tax.  Finally, we have seen a sharp increase in IRS audits of meals and entertainment expenses across the board.

Lunch & Learn
Please join InvestProp for its monthly “Lunch & Learn” event on February 22.  Mr. Ballenthin will speak from 12:00 – 12:30 pm on his firms multifamily services that include investment property tax, accounting, bookkeeping and structuring partnerships.  This will be followed by an open Q&A and network opportunity for all attendees.

Please RSVP here.

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InvestProp Featured in Pioneer Press

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Twin Cities Pioneer Press featured InvestProp as “Open for Business” in an article on January 7th, 2012.  To read the full article go to:  http://www.twincities.com/business/ci_19690775?source=rss

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Ask a Multifamily Expert: Multifamily Insurance

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Jeffrey Mayhew owner of Jeffrey Mayhew Agency, Inc at American Family Insurance is an expert in the multifamily insurance industry.  He has served as an industry leader at American Family for over 16 years.  InvestProp  asked Jeffrey 5 multifamily relevant questions.  More information can be found on his website or you can contact Jeffrey directly at (763) 551.1074.

  1. Tell us about your firm’s multifamily practice.
    We are the second largest American Family agency in the country.  We specialize in association insurance and other multifamily insurance along with personal.  American Family is the largest insurer of commercial multiperil insurance in Minnesota. 
  2. Are there any new trends or policies in the industry?
    After many years of expanding coverage in policies, companies are starting to limit coverage in the most common risks.  Some companies have added per building or percentage deductibles.   Some have gone to Actual Cash Value for wind and hail losses.  Another trend is to exclude medical expense and deductibles for liability claims.  There are plenty of companies that have the broad coverage, but by limiting the coverage on the common claims, the cost of the policies with limited coverage can be more attractive, until the claim happens. 
  3. Are you seeing any owners insure to an amount over the purchase price?  If so, explain.
    Replacement policies insure buildings for full reconstruction costs.  If buildings are insured for less than 80% of the replacement cost, a penalty can be applied to a partial loss.  With the market pricing of buildings running less than the replacement cost, it is common to insure for more than the purchase price. 
  4. How would you approach various deductible options on a multifamily property.
    We approach deductibles from multiple fronts.  First, what is the relative savings for the owner.  Are there multiple locations and the possibility to save over multiple properties?  If there is a claim tomorrow, how long would it take to recover the additional out of pocket costs?  Is there sufficient assets to recover from a loss in a short period of time?  What is the owners comfort level with risk?  What may make sense on paper may not be comfortable for the owner. 
  5. Is there 1 particular product or service you offer that separates you from the competition?
    We are in a relationship business.  We see smaller companies have a short term growth focus and then they are out of a market.  With a direct writer like American Family, you get the backing of a large company with the experience in the multifamily market that is steady for the long run. The multifamily market has had a lot of turmoil in the past 15 years.  We are a place where you can insure a portfolio and build a long term relationship. 

InvestProp would like to thank Jeffrey Mayhew for his participation.  InvestProp will run this “Ask an Expert” blog segment once a month.  Contact Brad Schaeppi at brad@investprop.com to contribute to future postings.

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