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what's coming up 13
October 13th, MAREI Main Meeting Join us for our monthly meeting on Zoom, this month Networking, Industry Partner Updates, an Asset Protection Mini Workshop with Rick Davis and our Featured Guest David Tilney on how to control & profit without debt using Master Leases.
15
October 14th. MAREI North. Network at a safe distance in person at MAREI North, this month featuring Attorney Julie Anderson with the latest on the Eviction Moratoriums.
24
October 24th, Wholesale Workshop Join the Vena Jones-Cox at her half day virtual seminar How to Build a 6 Figure Wholesaling Business in today's hot real estate market, despite a pandemic. See how she averages 1 wholesale about every 10 days.
See MAREI.org/Calendar for full details, to register, and for more events across the Kansas City Metro.
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Executive Director
Kim Tucker: Kim@MAREI.org - 913-815-0111
Newsletter
Staff: Newsletter@MAREI.org - 913-815-0111
PartnerCast Legal
John Wires: JohnWires@gmail.com Julie Anderson-Clark: Julie@MOKSLaw.com Rick Davis: RDavis@LevyCraig.com
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A C Q U I S T I O N
M E T H O D
Control and Profit Without Debt or Ownership with a
Master Lease FROM INFO PROVIDED BY DAVID TILNEY
If you’d like to invest in real estate,
There are many different reasons to
requires the master tenant to pay a
but you can’t afford to buy property
put a master lease into play and
percentage of the funds he receives
or just don’t want to take on a lot of
because you can be very creative in
from his sub-tenant only when he
debt – don’t despair! Think about
what you want to do. Traditional
receives those funds. A fixed lease,
renting your rental properties from
Landlords might acquire single
on the other hand, generally
owners who may be distressed
family homes and then sublease
requires the master tenant to make
home owners or housing providers
them to traditional tenants. A
payments even if he does not have
that need help in managing their
business that needs space for their
a sub-tenant. In the first scenario
properties or maybe just an owner
business might lease more space
the owner takes the risk of only
that wants needs to do something
than they need and sublease the
receiving rent when the master
with a property but they want it
extra space for extra income. And
tenant receives rent from his sub-
back later.
when Airbnb became the hot new
tenant and the owner also agrees to
way to invest in real estate, master
pick up most expenses associated
Think about a sandwich or Master
leasing became the way to acquire
with the property. In the second
Lease.
properties for short term rentals.
scenario the master tenant takes on more of the owner’s responsibilities
A Master Lease (ML) is a lease from
There are two types of master
and risks thereby entitling him to a
a landlord to a tenant, followed by
leases with as many hybrids as
greater profit (or loss) depending
a sublease by the tenant to another
there are owners with different
upon his success of maximizing net
sub-tenant or occupant.
needs. A performance master lease
income from the sub-tenant.
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A C Q U I S T I O N
M E T H O D
Many people are more fearful of
negotiations; it is rarely the final
the values drop. You can borrow
executing a long-term lease as a
negotiation. Real estate is a
money against some of your more
master tenant than they are of
business built on relationships. A
valuable master leases.
buying an investment property. I
master lease gives you the
think this is an irrational fear since it
opportunity to build the
As a master tenant, you will not
is easier to terminate a lease than it
relationship that leads to future
usually be liable to replace large
is to get out of title, especially when
purchases and often owner
property components, like roofs or
you are the one who has created
financing. Don’t make the mistake
furnaces. Every dime that you pay
the documents. As an entrepreneur
of thinking that your master lease
to the owner can either be
you can negotiate any and all
is the final negotiation. It should
expensed as rent or amortized over
aspects of your master lease – the
be the first negotiation that can
the term of the lease. Rental income
variable or fixed rent amount, the
lead to one or more future
derived from master leasing is
term, the liability for expenses,
negotiations.
passive income, as defined by the
escape clauses, etc. The key is to
IRS, and not subject to self-
draft your documents by design
Master leasing is an incredible
based upon your negotiations with
tool, which can benefit both
the owner rather than by default
owners and investors.
(i.e. using a dime store contract). In
Join David to learn more at the MAREI Meeting on the 13th.
your sandwich position between
Master get to ‘test drive’
the owner and your sub-tenant you
properties that they might later
seem a little like Dr. Jekyll and Mr.
have the opportunity to purchase.
Hyde. Your lease with the owner is
Some properties have physical,
pro-tenant since you are a tenant,
locational or neighbor issues that
but your lease with your sub-
won’t be discovered until after a
tenants is pro-landlord since you
tenant is first acquired. Leasing
are their landlord. In today’s
and sub-leasing the property
marketplace you cannot always
initially could save you a lot of
generate positive cash flow for
grief and money that you could
owners, but you can lose them less
better use elsewhere.
than they are currently losing with a vacant, unsalable house.
employment tax.
Master leasing can provide many of the benefits of ownership
I have found that if you “under
without many of the risks. A long-
promise and over perform” in
term lease, which is secured to
meeting the terms of your lease
the property, will control the sale
with the owner, you will become
and/or refinancing of that
the person that he or she wants to
property. You get to profit with
do business with if the property
out taking on the debt or
becomes available for sale. The
expending a lot of capital.
master lease is the way to get your
Much less risk than
foot in the door for future
owning should say
A T T O R N E Y
J U L I E
A N D E R S O N
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E V I C T I O N
L A W
Frequently Asked Questions on the CDC Order Temporarily Halting Certain Evictions
CDC Eviction Ban PROVIDED BY JULIE ANDERSON
On September 4, 2020, the Center
and delivers to his/her landlord,
notices to vacate and filing eviction
for Disease Control and Prevention
under the penalty of perjury, a CDC
petitions, obtaining service,
issued a “Temporary Halt in
Tenant Declaration.
entering eviction judgments and
Residential Evictions to Prevent the Further Spread of COVID-19.�
requesting writs of restitution) Where Can I Locate a Sample CDC
unless and until it receives a signed
Tenant Declaration?
CDC Tenant Declaration.
What does the Order limit?
A sample CDC Tenant Declaration
Evictions for non-payment of rent
A landlord, an owner of residential
form is attached to the Order. A
can continue if the tenant does not
property or any other person with a
courtesy copy can be located at
provide the landlord with a signed
legal right to pursue an eviction
www.mokslaw.com under the
CDC Tenant Declaration.
shall not evict any covered person
Forms tab in the Federal Executive
from residential property through
Order Forms section.
December 31, 2020 based on the non-payment of rent.
The Order does not stop evictions based on tenants engaging in:
What the Order does not do?
criminal activity; Who is a Covered Person?
The Order does not stop the
threatening the health or safety
eviction process - a landlord may
of other residents;
A tenant who resides in a
proceed with business as usual (i.e.
damaging or posing an
residential property who executes
delivering notices of non-renewal,
immediate and significant risk
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E V I C T I O N
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of damage to property;
hours at work, a lay-off or
jail if the violation did not result in
violating any applicable
extraordinary out-of-pocket
death, or up to a $250,000 fine
building code, health
medical expenses.
and/or 1 year in jail if the violation
ordinance, or similar regulating
He/she is using best efforts to
results in the death of a tenant.
relating to health and safety;
make timely payments that
violating any other contractual
are as close to the full amount
An organization found to be in
obligation, other than the timely
as his/her circumstances may
violation of the Order is subject to a
payment of rent or similar
permit; and
fine of up to $200,000 per violation
housing-related payment.
An eviction would likely
if the violation did not result in a
render him/her homeless
death or $500,000 if the violation
The Order does not excuse tenants
results in the death of a tenant.
from paying rent or other charges
Each adult listed on the lease is
due under their lease.
required to sign and deliver a
DISCLAIMER: The Order is subject
CDC Tenant Declaration to
to additional analysis and
his/her landlord.
interpretation.
charges due for failure to timely pay
What Landlords should
Join Julie at the Northland MAREI
rent.
do/know:
Meeting for updates on this law,
Landlords can continue to charge rent, utilities, late fees and/or other
further interpretations and new Who is Protected?
If a landlord receives a signed
developments. Bring your
CDC Tenant Declaration, the
Questions.
To be protected a tenant must sign
landlord should be aware that the
a CDC Tenant Declaration under
eviction is effectively stayed until
the penalty of perjury indicating
December 31, 2020.
that: Nothing in the Order states that He/she has used his/her best
landlords need to disclose the
efforts to obtain governmental
Order or any of its provisions to its
assistance.
tenants.
He/she expects to either: Earn no more than $99,000 in annual
Numerous Courts (particularly in
income for the Calendar Year
Kansas) are requiring a landlord
2020 ($198,000 if filing a joint
to provide its tenant with a blank
tax return); or Was not required
CDC Tenant Declaration form.
to report any income in 2019 to the IRS; or Received an
What are the penalties if the
Economic Impact Payment
Order is violated?
(stimulus check) pursuant to the CARES Act
An individual found to violate the
He/she is unable to pay the full
Order would be subject to federal
rent due to substantial loss of
criminal prosecution with a fine of
household income, loss of
up to $100,000 and/or 1 year in
A T T O R N E Y
R I C K
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D A V I S
A S S E T
P R O T E C T I O N
Business Entity Setup will Vary by Attorney, it should look something like this
Business Planning PROVIDED BY RICK DAVIS
There is a lot of misinformation in the
recommend it — with that being said,
have detailed conversations about how
real estate investor community about
that elaborate of an entity structure may
to structure the business to ensure
the entities that you should use. Many
not be necessary for a retired couple
accountability of all involved and to
companies promote the alleged value
living on social security and income
address situations such as how to
of Nevada or Wyoming LLCs because
from their rentals or an eighteen year
proceed on an issue when there is a tie,
of asset protection or anonymity. What
old with no assets who is working on
or when one of the members dies.
they don’t tell you is that Kansas has
purchasing his first property. Business Planning Process
the same charging lien protections as Wyoming and there is no such thing as
The bottom line is that your entity
true anonymity when it comes to entity
structure needs to be right for you, and
Because of all involved, our business
formation. If someone really wants to
that is why we developed a detailed
planning process can take 1-2 weeks
sue you, they will figure out who the
process that helps to evaluate your risk
and is not intended for someone that is
owners are — trust me because as a
tolerance, organizational skills,
simply looking to form a quick LLC. If
lawyer I do it.
investment strategy and future plans,
that is something you are looking for, I
and assets you risk losing. Once we
would recommend going to the Kansas
More important than this, however, is
have reviewed that information, we will
or Missouri Secretary of State’s website
that anyone who tries to sell you on a
present a plan to you that we think is
as it can be done with a short web form
one-sized fits all entity structure is not
best, but that plan will include options
and will be formed in a few minutes. On
looking out for your interests. For
and ultimately you will decide what
the other hand, if you are looking for
example, I am aware of an attorney
plan is best for you after learning the
detailed planning to protect you, your
down in Texas who promotes a
pros and cons of each option.
assets, and your business partners, I
structure with series LLCs and Land
Moreover, if your business model
welcome you to get started by
Trusts. I am not saying this isn’t a good
includes partners or other investors
completing our entity formation intake
structure — and in fact at times I would
who you work with on projects, we will
form online. The form should take
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D A V I S
A S S E T
P R O T E C T I O N
about 15-20 minutes to complete and
discuss our recommendations on the
jagreement or bylaws. As you look
will allow us to move forward with
right entity structure for your unique
through these documents, if there is
scheduling a consultation to begin
situation.
anything that you would like changed,
planning your entity.
please contact us. If everything looks Entity Information
Our process looks like this:
good, the document can be signed and stored in your company records. If you
Now that we have determined the
would like, send us a copy and we will
appropriate entity (or entities) to form
also keep it in our records for your later
for your situation, the next step is to
reference. Once you have signed the
This is a brief phone call to discus our
gather the information necessary to
documentation, your entity is fully
entity formation process and to get to
form the entity. This information
formed and this matter will be closed in
know each other. If we mutually decide
includes general items, such as the
our office.
to move forward, we will send you a
name of the entity, the address, and
retainer agreement and intake form you
the person who can accept service
can use to help us to create your
on behalf of the entity. If your entity
individual investor profile.
will be owned by more than one
Costs and processes can vary by
person, this will also be the
attorney and by exact structure and will
opportunity for you to think about
also vary by state as fees are different
what items require the approval of all
by state..
Introductory Phone Call
Complete Intake Form
If all we do is form an entity for you, we
owners, who will run the day-to-day
are not providing you any more value
operations, and other aspects about
than if you went to Legal Zoom or filed
how to handle the business.
it yourself. The value in hiring an attorney to help form your entity is so
Costs
On-Going Legal Advise
Forming your entity (or entities) is only Document Preparation
that you can have a discussion about
step one of setting your real estate investment business up for success.
the right entity structure based on your
During this phase, we will complete
You also have to treat your newly
business goals, risk tolerance, attention
the information necessary to form
formed business as a business. Plus
to detail, income, assets, and many
your new entity. The documents to
real estate investors deal with a never
other factors. Moreover, because all of
be prepared include (depending on
ending series of legal issues — whether
these factors affect your entity choice, it
the specific entity type): – The
it be a dispute with a tenant, a unique
is not a one size fits all answer for
Articles of Organization or
deal that needs to be properly
investors. In order to help us gather the
Incorporation – The Bylaws or
documented, a homebuyer who claims
information to help you make an
Operating Agreement – Foreign
that a rehabber failed to fix a gas line
educated decision on your entity
Registration (if necessary) –
leak, or a wholeseller who needs to
structure, we have created a form you
Obtaining your Federal EIN This
know how to properly structure his or
can use to answer questions that help
stage can take a few days or even a
her assignment documents so the title
us to get to know you and your
week as we want to make sure that all
company will close your transaction.
business better.
of your documents are correct and
Moreover, many times an expensive
reflect the terms we discussed during
legal dispute could have been avoided
your strategy session.
by obtaining advise from a lawyer
Strategy Session
earlier in the process. Once we have received your
Client Review / Finalization
information through the online form, the next step is to schedule a time for a
During this stage, we will provide you
strategy session where we will go over
with a copy of the formation
the information you submitted and
documents and a draft operating
I N V E S T O R
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J O N E S - C O X
S U C C E S S
The Top 3 Reasons for "Failure to Launch"
Wholefailing PROVIDED BY VENA JONES-COX
Go to any real estate association
very basic: that buyers don’t just write a
"doesn’t work’.
anywhere in the country, and you’ll
check because the deal is available, or
meet endless excited folks who are
cheap, or even because it’s cheaper
They don’t learn the most basic thing
sure that their futures—and fortunes—
than other properties that might be for
they need to know: how to evaluate
lie in wholesaling houses. Go back 6
sale in the same area.
properties correctly.
those folks have never successfully
Buyers for wholesale deals are real
Ok, so you get it: the deals you offer
closed a deal. In most cases, this isn’t
estate investors, right? So in order to be
have to be priced at no more than 70-
due to “inactivity” or “fear” or any of
interested in a deal, the deal can’t just
75% of the after repaired value of
the usual excuses. Many of these folks
“make money”; it has to make ENOUGH
property, so that the buyer feels
have actually tried, and failed, to make
money to provide a satisfactory return
compensated for his investment, and
a go of it. In my experience, there are 3
for the cash, and hassle, and time, and
that’s the deal you’re offering.
main reasons for this:
energy, that the buyer will have to put
months later, and you’ll find that 90% of
into it. No investor buyer HAS to buy a
Or is it?
They don’t understand WHY
house this week; if he doesn’t see one
wholesalers make money.
that gets him a return that turns him on,
One of the most common mistakes I see
he can just keep looking.
the ‘YouTube University’ crowd making
They understand, at least in a basic
is that they have no real handle on how
sense, HOW it happens: you put a deal
Wholesaler wannabes who don’t
to comp properties, inspect them, or
under contract, and you find someone
‘understand the motivations of their
estimate repair costs. Someone online
who wants to pay more than you did,
buyers well enough, and therefore end
told them that a property is worth the
and that “more” is your profit.
up spending weeks trying to flog
Zestimate, or the Zestimate – 10%, or
contracts to an unresponsive audience,
the average of the values on Zestimate,
end up frustrated and convinced that it
Realtor.com, and Housevalues.com.
But they don’t understand something
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J O N E S - C O X
S U C C E S S
And that a roof always costs $5,000 to replace. Or that rehab is always $25 per square foot. And they believe it, and operate accordingly, and then think that buyers are “just negotiating” when their buyers tell them that that their $10,000 repair estimate is 50% of the real costs. Reality is much more complicated than these rules of thumb, and it’s just a fact of life that if you’re serious about wholesaling, you’ll get serious about learning how to do the basic evaluation that has to be RIGHT in order for your price to be right.
How to Build a 6-Figure Wholesale Business & Find More Great Deals than You Can Handle
They don’t REALLY understand the process.
You’d be amazed at how many
[LIVE VIRTUAL WORKSHOP]
wholesale deals fall apart because the wholesaler doesn’t have the right contracts, or doesn’t know when to get paid, or doesn’t know how to guide the deal to the final closing.
with Vena Jones-Cox
You can’t think that your buyers or sellers will have or know these things— that’s up to you. If you’re serious about making real money wholesaling, you need to be serious about understanding that business. It’s simple, but it’s a lot more complex than the Facebook and YouTube gurus make it seem. If you want people to invest time and money in your deals, maybe it’s time to invest some time and money in your education.
Saturday October 24th 8 am to Noon
Discount Code SAVE20MAREI
I will be digging into these 3 areas at my online workshop on October 24t. See details here on this page.
Register MAREI.org
1 3
M A R E I
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Build Your Team with MAREI's Business Directory M A R E I . O R G / B U S I N E S S - D I R E C T O R Y
Accounting
Attorney Rick Davis
Earthwise of KC
Levy Craig
Windows & Doors
Guardian Accounting Services
LevyCraig.com/Rick-Davis
James White
Stephanie Parris
816-460-1819
EarthwiseKC.com
GuardianAccountingServices.com 816-535-8250
913-777-4862
Building Supplier Everleigh Design
Attorney
DeMayo Enterprises
Flooring
Wholesale Cabinets
Jerry Ratway
Anderson & Associates
Mark Yanda
RugsRollsRemants.com
Julie Anderson & Jamie Walker
www.DeMayoEnterprises.net
913-593-0568
MOKSLaw.com
913-980-4260
816-931-2207 See site for Free Forms
T E A M
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Home Depot
Insurance
2% Rebate for Members
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B U S I N E S S
D I R E C T O R Y
Flat Branch Home Loans
Mortgage Banker
20% off Paint
Agema Insurance
Beth Langston
Appliance & Cabinet Discounts
Fred Dickinson
FlatBranchHomeLoans.com
www.HomeDeopt.com
www.AgemaIns.com
816-479-5841 x 1148
913-543-8116 CoLiiving
Gateway Mortgage Group
Arcana Insurance
Mike Leech
Home Room
Insurance for Investors
GatewayLoan.com/Mike-Leech
Co Living
NREIA.ArcanaInsurance
913-802-5015
Johnny Wolff
HUB.com
LiveHomeRoom.com
877.744.3660
(916) 412-6789 Contractor Bright House Exteriors
Traditional Mortgage Lending
Rauber Insurance Agency
Alice Lund
Farmers Insurance
www.Your1Home.com
LoveIsOurPolicy.com
913-488-1769
(816) 436-1016 Lima One Capital
Pressure Washing Dave Randalls
IRA - Self Directed
BrightHouseExteriors.com 816-2980566
Hard Money Tracey Vinzant
Equity Trust Company
LimaOneCapital.com
TrustETC.com/NationalREIA
913-671-0040
Genesis Home Restorations
FREE Training
Mold Remediation
844-732-9404
Terry Amerine GenesisHomeRestorations.com
Leader One Financial
Newieco
Private Money
Lending
913-270-0812
Jeff Newhard (816) 721-9869
Crossroads Investment Hearth Masters
Lending
Merchants Mortgage
Fireplace / Masonry
Hard Money
Mushy Money
Gene Padgitt
Britton Asbell
Susan Aubin
ChimKC.com
KCLend.com
MerchantsMtg.com
816-461-3665
913-800-8226
303-514-08150
Olson Foundation Repair
Finish Line Funding
North Oak Investments
Luke Olson & Peggy Stroud
Short Term Funding
Hard Money
OlsonFoundationRepair.com
Bruce Belanger
Tommy Nigro
913-592-3300
FinishLineFunds.com
NorthOakInvestment.com
913-346-8090
816-249-1001
1 5
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B U S I N E S S
D I R E C T O R Y
Marketing
Pest Control
Realtor
3 Leads Per Day
Aptive
Crown Realty
Online Marketing Training
Spencer Peterson
Rich Melton
from Investor Carrot
GoAptive.com/Kansas-City
RichMelton.CrownRealty.com
www.MAREI.org/3Leads
913-396-8848
913-215-9004
InvestorCarrot
BedBugTraps.com
Screening
Websites
Stop Bed Bugs
Online Marketing
Discounts for Members
www.MAREI.org/InvestorCarrot
Rent Perfect
Tenant Screening Plus
Property Manager PatLive
Heather Johnson www.RentPerfect.com
Get Your Phone Answered
Home Rental Services
877-922-2547
www.MAREI.org/PatLive
Paul Branton
Discounts www.MAREI.org/RP
www.Home4Rent.com PropStream
913-627-9543
Signs
& Research properties
M & M Property Pros
Fastsigns Overland Park
www.MAREI.org/PropStream
Michael & Michele Belman
Brad Milller
www.MMPropertyPros.com
www. FastSigns.com/
Build Marketing Lists
REIBlackbook
816-490-6745
Investor Marketing Platform
20-Overland-Park-KS 913-649-3600
Websites, CRM, Automation
PMI Destination Properties
Demo & Discount
Ryan Kernicky
MAREI.org/REIBB
www.PMIDestination.com
Title Company
913-583-1515 REIPro
Accurate Title Company
Investor Marketing Platform
Dave Green
Lists : Direct Mail : CRM
AccurateTitleCo.com
www.MyREIPro.com/NREIA
913-338-0100
Discount Code 66209PRO Office Supply Office Depot / Office Max
www.OfficeDepot.com Discount Link & Card in Member Discounts
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Key Investing Areas
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for members to share knowledge Rental : Rehab : Wholesale : Notes : Creative
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4 member benefits designed to promote
$500 Average Home Depot Rebate $100 Average Saving Office Depot $100 Saving on 5 Training Events $50 Savings on Other Benefits People / Networking Priceless Deal Connections Priceless
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75+ local and national service providers
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