The Norris Group Blog

California Real Estate Headline Roundup

Posts Tagged ‘trust deed investment’

158-TNG Radio – Greg Norris 1-23-10

Friday, January 22nd, 2010

Greg Norris

Greg Norris

Greg Norris

The Norris Group

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This week Bruce is Greg Norris, Bruce’s oldest son. He has been working for The Norris Group since 2004. He was the project manager of TNG’s Rosamond building project. His current job involves buying bank owned properties and trustee sales.

Before he began working for TNG, Greg was an electrician. He got training from a union program in Los Angeles. He started as an apprentice, but he eventually reached the position of general foreman. He then quit his job as an electrician and began to work as a project manager.

Greg’s experience in construction has helped him a lot in the real estate buying and selling business. He knows what it takes to finish a job on time, and he is able to quickly weed out bad construction workers. He also has the ability to quickly recognize repair problems on a house.

If you want to learn how to check a house for repairs, Greg suggests that you take the TNG home repair course. The TNG course will give you some shortcuts to quickly estimate repair issues. He also thinks you could learn a lot from going to a job site with a general contractor who could give you his perspective on repairing homes.

Depending on the inventory you are working with, repairs can be fairly repetitive. Some REOs require very light rehabs, but Greg usually only buys REOS that require heavy rehabilitation. Homes that need heavy rehabilitation is very repetitive, because you typically have to start with the home’s shell and rebuild it.

Greg is so efficient at estimating repairs that he doesn’t often spend time taking notes on his homes. The reason why he is so proficient is because he has experienced a lot of repair repetition. When he first started buying auction properties for Bruce, he was observing 40 to 60 homes per day. When you’ve seen that many houses, you get to the point where you can estimate home value before you even walk inside. However, it is impossible for Greg not to miss things, but he is not concerned about these unknown factors so long as he is 90 to 95 percent accurate on his repair estimation. He also puts a little cushion into his asking price if he feels there are going to be expensive unknown costs.

The age of the property significantly changes the risk factor for unknown repair costs. You need to pay attention to what repairs were made by previous owners. Old houses are more likely to have plumbing and electrical problems.

Because REO inventory has decreased, more detailed remodels, in which room additions and other add-ons are included, are sometimes necessary. These kinds of additions sometimes require building permits that not everyone can get their hands on. These scenarios may not happen very often, but Greg has encountered homes in which the previous owner attempted to do a remodeling job and failed. Choosing to make major corrections, such as in Greg’s example, will depend on your ability to determine what kinds of remodels are considered more desirable in the market. Greg has observed many homes, so he has the ability to quickly perceive what buyer’s will like.

When Greg is selecting a contractor, he always checks out the contractor’s license, they are required to go through an application process, and they must have workers compensation. After their credentials are approved, they make a bid on Greg’s work. The most competitively priced contractor will be picked.

Not many contractors have all their licenses and insurances. Many of them are handymen, and they prefer to do things without licenses. With the kind of work that Greg does, he cannot take the risk of hiring unlicensed contractors.

If you want to check if a contractor has a license, insurance and workers’ compensation, you can get information online from the California State Licensed Contracting Board. You can look up any licensed contractor through that website, and it will tell you if they have workers’ compensation. However, the website will not tell you if every worker has workers’ compensation. Unfortunately, you cannot always monitor that. As long as they have a workers’ compensation policy, Greg is protected, because that contractor will have to cover for his company’s injuries.

Bruce asks Greg how important it is to pay your contractor on time. Greg believes that it depends on the contractor. When you are beginning a relationship with a contractor, it can be scary for them to accept late payment, especially if they have been previously defrauded. As you develop a good relationship with a contractor, they will likely become less concerned with your ability to pay within a short period of time. The contractor needs to know that you are looking out for their welfare. Greg has developed such a great relationship with his contractor that he considers him to be a business partner, and Greg knows that his contractor is willing to do jobs quickly without worrying about being underpaid.

Greg says that contractor prices have decreased from the housing peak. They are not trying to put 20 to 50 percent on a job. They are actually just happy to have a job at all. However, he is not sure just how badly the housing decline damaged them.

Most of Greg’s general contractors do most of their work by themselves, but if they choose to use sub-contractors, they are required to choose from a list of Greg’s preferred sub-contractors. If they do not use a preferred sub-contractor then they will be in violation of their contract. If the general contractor wants to use his own sub-contractors, then the sub must go through Greg’s application process. If the general contractor decides to pay his subs directly, then he will take on the liability if those subs have trouble on the job. If that general contractor hires a sub who is hurt, then that sub will be covered by his own workers’ compensation policy.

Greg feels that he has really mastered his plan for housing construction. When changes do occur he often does not know about it, because Greg’s general contractor does such a good job at taking care of the problem. It took a long time for Greg to find all of his fantastic work partners, but now that they are used to his system, they probably would not want to work for anyone else. As a matter of fact, some of Greg’s contractors have tried doing jobs for other people using his construction strategy, but they came back later and told him that his plans don’t work with other employers. Greg’s construction experience gives him an edge as a project manager, and this education makes it easier for his contractors to work with him.

Greg uses the word Gucci to describe the new housing market that TNG has began to invest in. Greg is starting to see higher valued homes enter into trustee sales. This is not the kind of product that Greg typically works with, but he is interested in this area of the housing market and he is learning about it very quickly.

When someone walks into a TNG property, Greg wants them to see that everything is in order. TNG homes are staged and well repaired, so that makes buyers feel more comfortable with buying the property. It was difficult for Greg to get attention from realtors for a while, because people perceived that they were over repairing. The extensive repairs that were being done on Greg’s properties made it difficult for buyers to compare his properties to others in the area. Now some realtors frequently check with Greg to see if he has new inventory, because TNG properties have gained a reputation for being easy sellers. Greg’s buyers are even starting to overpay for his houses, because there are no comparable matches to TNG properties. Many buyers want the kind of finish that TNG homes have, but since they cannot find that kind of product from anyone else, they will buy TNG properties for higher prices.

Greg believes that staging is very important for making sales happen quickly. When people step inside a TNG property they can see from the staging job that it will be a good home to live in. He would give his staging model an 8 out of 10 for effectiveness. He does not spend any more than 500 dollars on staging per house, but he believes that he gets much more money than that in the resulting sale price.

When buyers shop for homes, one of the first places they look for is realtor.com. Realtor.com is a great starting place for home shopping, because all of the selling properties on the MLS are dumped onto it. TNG does a lot of advertising on realtor.com, so that they will show up higher on the list of “for sale” properties. Some experienced buyers don’t waste time on realtor.com, because they know that a lot of time can be wasted by trying to find a home by yourself. These people often prefer to work with realtors, because they know that a realtor can find a good home quickly.

When TNG receives an offer on a property, Greg often requires them to shorten free look periods and quickly purchase appraisals. He also asks them to get their home inspections done quickly if they desire to get one. When a person shows that they are willing to spend their money quickly, it shows Greg that they will likely finish escrow. Greg often checks out his buyers’ loan package, so that he can be sure that they are not lying on their application.

Bruce asks if lenders have become increasingly cautious. Greg says that their level of caution depends on the area they are working in. When TNG worked in Moreno Valley, he was fighting appraisals quite often, because there was a lot of evidence for what an REO was worth but very little evidence for what a repaired home was worth. Currently, the decreased pricing trend is beginning to reverse. Greg does not know if prices will continue to increase, but he feels that they likely will, because ownership payments are often lower than rent payments in that area. Most of Greg’s Moreno Valley buyers had FHA financing.

Greg has not received any feedback from realtors who claim that buyers are coming into the market because of the tax rebates. No realtor has ever asked Greg to hurry through the sale process, because their buyer wanted the 8,000 dollar check. However, the realtors may not be telling Greg that information because they have no need to.

If an investor is having trouble selling his or her home, Greg would advise them to go to the MLS and check out the competition. Find out what other properties are selling for, and compare the condition of your home with theirs. Sometimes homes are located in bad areas, such as near a railroad. Greg would never risk buying a property that is back to a railroad, or is in any other undesirable.

The 90 day FHA rule was just lifted. Greg is unsure of how much this will affect the market. He thinks that prices at the whole-sale level will come up, because now investors will not have to wait as long to resale. Greg is concerned about whether or not FHA appraisers will allow prices to appreciate, because they have always factored in depreciation into their appraisal values.

152-TNG Radio – Hugh Bromma 12-12-09

Friday, December 11th, 2009

Hugh Bromma, CEO of Entrust

Hugh Bromma

CEO, Entrust

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This week Bruce is joined once again by Hugh Bromma. Hugh is the CEO for Entrust Group. The Entrust Group was founded in 1981. Hugh is recognized as an industry spokesperson in the self-directed market. Entrust provides tax enhanced services such as self directed IRAs, and qualified plans to tax payers. Entrust manages over $4 billion worth in assets.

Bruce begins by asking if any big changes are coming up in 2010 that will affect what people may do with their IRA. Anyone who wants to convert a traditional IRA to a Roth IRA may do so without any income caps. These converters may pay taxes over 3 years for the amount that they convert from their traditional IRA. Before, the income cap was $100,000, even if the traditional IRA was for a couple. Now a person with a very large IRA may convert to a Roth.

When you use a Roth, you do not pay any taxes. With a traditional IRA, you pay taxes as soon as you get distributions.

The government chose to formulate the Roth program because it allows them to be paid in advance. This program has made the traditional IRA fundamentally obsolete for people who want to pay taxes upfront on an asset that they know will depreciate dramatically.

To make the conversion from the traditional IRA to a Roth, you must pay taxes on both a federal and state level. Some states may have higher taxes than others. There are times when making a conversion is a bad decision. Anybody who contemplates a conversion should speak to a tax professional, because everyone’s tax situation is going to be different. One must determine whether it is advantageous to pay taxes up front or over time. If you have an asset in your IRA with a very low market value, but will appreciate tremendously, then it is probably a good idea to convert that asset.

If you are unsure of the value of your assets, then you should have it appraised, or you should hire a broker who will provide you values on comps.

Leverages are permitted when transferring from an IRA to a Roth. The debt is going to be a true non-recourse to the individual. The title and the debt of the properties in the IRA will be paid for, and signed by, the retirement account. There is an unrelated debt financed income tax, which may be paid on that debt portion. You must pay tax on the money that you borrow from your IRA, but the amount will be relatively insignificant.

The Roth IRA was established in 1998. Hugh Bromma has an expertise that Bruce does not think most people understand. Bruce has never been asked, “What are you doing with your Roth?” This surprised Hugh.

If you have an established Roth IRA, you cannot make a direct contribution to your Roth if your income exceeds $100,000. In 2010, if you drag a maximum contribution to your traditional IRA, then you will be able to pay the tax and make that direct contribution. This change in 2010 will be permanent.

Bruce did research on the highest tax rates in the U.S. since 1913. He was shocked to discover that 80 percent of the time, the top tax rate was over 60 percent. This scares Bruce and Hugh, and they fear that some high tax changes will take place in 2011.

At 59 and a half, if you have an established 5-year Roth IRA, then you can start taking distributions without penalties. If you start taking distributions prior to 59 and a half, or from an unestablished Roth, there is a 10 percent penalty for premature withdrawal. If you die, then your Roth IRA will still be subject to an estate tax.

With a Roth IRA, you cannot get a second home for personal use. Secondary homes may only be used for investment purposes. You cannot live in it, use it, personally repair it, or do property management on it. Cousins and in-laws are allowed to use a secondary home, but not your son, daughter or wife. You are also prohibited from hiring a son-in-law from rehabbing the home. The rules state that you are not allowed to receive a current benefit from your Roth assets. This rule includes yourself and someone that is related to you. Also, if you have ownership in an IRA or Roth then you may not use funds outside of that account for rehabbing or loan payments. If you do make a mortgage payment using money outside of your IRA, it is considered an excess contribution and it is reportable to the IRS. You will be forced to withdraw that mortgage payment by the next year, or you will be penalized for 6 percent of the amount of the infraction.

It is also against the rules to put money from your Roth account into a company that you are a manager of. If you own 10 percent or more of such a company then you are subject to penalization.

If people try to find a way around the rules, they are almost guaranteed to get caught. Some people who try to commit illegal transactions lose the entire value of their IRA. However, it is not considered a criminal act to commit an illegal transaction. Illegal transactions are punished through extreme taxes. Illegal transactions are a great benefit to the IRS, so there is no need for the IRS to prosecute.

Bruce thought of a creative transaction that might occur between two people: There are two investors who know each other, but are not partners in any business. They both buy properties at trustee sales. Buyer A buys a house using his own money, and then gives Buyer B the option to buy it for a dollar more than he paid. Buyer B fixes it, sells it, and the proceeds over the cost go to the Roth IRA of the other guy, and then the buyer receiving the benefit returns the favor. Bruce asks Hugh if this is an okay transaction. Hugh says that they must consider whether or not their transaction could be seen as a sham from the IRS. This transaction could be considered a sham, because its intent is to avoid paying taxes. It gets down to intent and Bruce decides to scrath that plan.

Bruce brings up leveraging with Options. Bruce talks about optioning land in the coming years and how that would be structured. Bruce knows someone who made $30 million on that plan, but it wasn’t in a Roth. If he had made that transaction in his Roth then the transaction would be legal. Options are one of the best uses for Roths. Options is one of the best plays that savvy Roth IRA investors use to increase their accounts.

Bruce’s Roth could have enough money to do a real estate transaction every month. He could fix properties and resell them 12 times every year. This may or may not be a problem with the IRA. If you are doing this kind of work professionally, and you are perceived as a dealer, then it is not illegal to do it within a retirement account. However, there may be dealer issues outside of the IRA. This is typically not a problem. One of the obligations you have for your individual retirement account is to make a lot of money. If you are using that money to make 10 option plays every year, then you will probably not have any issues. If someone uses their IRA to hire sales people for their property sales, then they will be labeled as a dealer. Richard Lipton has written a few articles on this subject.

If someone has a buy-sell operation with employees, but also has a Roth that does the same activity on a smaller scale, then that would probably be okay. Hugh is not completely certain about this, depends on their mood, but he considers the IRS to be reasonable in the tax courts.

Spec building is allowed with Roths, as well as land ownership and trust deed investment. Entrust needs a complete package before it cuts loose with an investor’s funds. The package is up to the IRA owner, but Entrust needs to make sure that you have an asset that can be titled in the name of the trust for an individual retirement account. Unfortunately, sometimes people will try to buy or sell a note, but they then discover that their note is actually a private placement or some other sort of asset. Buying an existing note and investing in a trust deed that is currently initiating involves the same fundamental process.

Bruce asks Hugh to describe the term “checkbook access”. A checkbook IRA is an LLC that is usually sold to someone from a lawyer. It is a single member LLC that is allowed to be owned by an individual retirement account. That LLC is run by the IRA owner. Hugh has discovered that many people use this system to make prohibited transactions. Entrust has developed a Real Checkbook IRA in which a person receives a debit card and a checkbook, which becomes an asset of their IRA. They may then buy their investments using that methodology.

Hugh Bromma’s website is www.theentrustgroup.com. Bruce and Hugh will be teaching together at an investment seminar on January 2nd.

The Entrust website can be found at www.theentrustgroup.com. January 22nd, Hugh and Bruce will be teaching together.

We’d like to thank Hugh Bromma and Entrust for sponsoring I Survived Real Estate 2009. Thank you!

151-TNG Radio – Hugh Bromma 12-5-09

Friday, December 4th, 2009

Hugh Bromma, CEO of Entrust

Hugh Bromma

CEO, Entrust

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This week Bruce is joined by Hugh Bromma. He is the CEO for Entrust Group. The Entrust Group was founded in 1981. Hugh is recognized as an industry spokesperson in the self-directed market. Entrust provides tax enhanced services such as self directed IRAs, and qualified plans to tax payers.

Bruce has known Hugh for a long time, so this interview is long overdue. The Entrust website is one of the most informative web sites that Bruce has ever seen.

When Entrust started in 1981, Hugh was the only person working for company other than his consultant. The consultant did financial industry consulting, but he was not in the IRA business. Hugh dealt with the IRAs and qualified plans. There are currently about 200 employees in Entrust. The company has over $4 billion in assets, and approximately 50,000 clients.

The first book Hugh wrote was “How to Invest in Real Estate Using Your IRA or 401K”. That book was written in 2003. Hugh himself invests in real estate in California.

The growth of Hugh’s company has grown far greater than he had expected. Part of his company’s plan was to create individual retirement accounts that are available to everyone. Entrust is the only company with a franchise who does this.

Entrust is a record keeping and administrating company for individual retirement accounts and qualified plans. Its emphasis is for self-directed investment in real estate, notes, and private placements. In 1975, ERISA made it possible to make a self directed decision for retirement funds. Before 1975, companies had defined benefit plans. ERISA made it possible to have defined contribution plans and 401Ks, which allowed individuals to defer money into the plan that their employer has provided.

In a defined benefit plan, there is supposed to be a check for everyone in a predetermined amount. If someone makes a mistake, and money is lost from a year or two, then problems can occur. When there are losses, or insufficient funds, then the employer has to find a way to make up for that lost money. Sometimes a defined benefit plan can be closed, and then rolled into a defined contribution plan, so that the pension is no longer defined. This means that people will lose their defined benefit plan, and a large sum of their retirement fund. The people losing their retirement plans cannot stop their pension managers from doing this. A city in Northern California declared bankruptcy, because 90 percent of its income was lost in a fixed cost of retirement.

In the end, the ERISA did not make most people wealthier. Self-directed does not always mean that good decisions are always made.

Entrust does not give investment advice, but it does give people a lot of education. However, Entrust will often refer their clients to experts for advice. Bruce thinks that is a great service. Entrust does not often have to worry about people opening up accounts who do not know what to do with their money. Entrust emphasizes education before their clients open an account.

Entrust is an administrator and record keeper for custodian banks. This means that banks hire Entrust to keep records for individual retirement accounts. Many custodians suggest investments to their clients, and the investment advice they give you will most likely be directed toward their area of expertise.

People can easily discover the status of a bank fairly easily. If a bank is having problems, and if they’re ratings are low, then you may have to worry about that bank going out of business. Many of those banks will be absorbed by an FDIC selected bank.

Most custodians do not know the rules and regulations for their business, which is why they use Entrust. Entrust acts as a decision making filter for custodians.

Webinars have become incredibly popular, and many of Entrust’s offices do weekly webinars. You do not have to worry about audience interaction during a webinar. Most of the people attending Entrust seminars are sophisticated individuals, who know how they want to use their money, and know what a self-directed IRA is, and want to be more informed about what they can do with their account. Most of the people attending these seminars are not beginners, and some have had accounts for 20 years. Beginners are encouraged to attend introduction seminars.

There are some limitations on self-directed IRAs. Collectibles such as gems, works of art, beverages, collectible coins, stamps, and antiques are not permitted. Self dealing transactions are also not permitted. Any investment from which the investor may receive an immediate benefit is not allowed. Precious metals such as gold, silver, and platinum are allowed. However, you cannot hold these precious metals within your home. If someone does choose to illegally hold a precious metal, then it becomes a distribution at the market value as of December 31st of the year in which the transaction took place. It is distributed to the individual, and it is taxed, and it may include an excise tax, as well as other penalties. These taxes may be as costly as 150 percent of the value of each bar of gold.

Small rules change relatively frequently. There are private letter rulings and prohibited transaction exemptions that change the interpretation of the established rules. Primary Code changes do not happen very often. There have been about 10 code changes in the last 20 years.

In Hugh’s newsletter, there was an article that said, “Never let a good crisis go to waste”. Bruce asks if self-directed investors are more likely to buy at a bottom, or if they are more likely to invest according to a trend and be damaged by it. Hugh says there are investors that have an understanding of trends, and they are able to predict a good time to buy into the market. There are some investors that are not educated, and will injure themselves by investing during a trend. Hugh says that investors are now beginning to invest in real estate again. Hugh knows this because lots of people are obtaining more cash for real estate deals. Many people believe that we are near the bottom.

Approximately 1.5 to 2 percent of all U.S. dollars in retirement accounts are in self-directed IRAs. The other 98 percent of the retirement money is invested into stocks, bonds, mutual funds, certificates, and insurance products. Those decisions are not made by the people holding the retirement fund, the decisions are made by someone in the qualified plan market. 80 percent of the people who makes those decisions will never change their investments for the entire life of their 401K, so they will never be able to take advantage of a low or high market. They have to hope that they will retire during a market peak.

The most common retirement vehicles for self-employed individuals are SEP IRAs, or individual 401K plans. They can set aside anywhere from $46,000 to $51,000 per year for earned income. There is no percentage limitation on how much of your income you can put into those 2 plans, so long as you do not invest more than that maximum limit.

The Entrust website can be found at www.theentrustgroup.com. January 22nd, Hugh and Bruce will be teaching together.

We’d like to thank Hugh Bromma and Entrust for sponsoring I Survived Real Estate 2009. Thank you!