MAREI Newsletter October 2020

2 0 2 0 O C T O B E R

MAREI

MID-AMERICA ASSOCIATION OF REAL ESTATE INVESTORS

NETWORKING OFFERING A WEALTH OF OPPORTUNITY TO CONNECT

EDUCATION FROM MEETINGS & WORKSHOPS TO ONLINE RESOURCES

DISCOUNTS FROM LOCAL AND NATIONAL VENDORS TO SAVE YOU MONEY

using MAREI's link MAREI.org/PropStream

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.

MAREI Staff Chapter

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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I N V E S T O R

D A V I D

T I L N E Y

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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.

D A V I D

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T I L N E Y

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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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A N D E R S O N

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E V I C T I O N

L A W

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

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

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

V E N A

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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

V E N A

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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

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Britton Asbell

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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

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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

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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

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MAREI.org/REIBB

www.PMIDestination.com

Title Company

913-583-1515 REIPro

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Investor Marketing Platform

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AccurateTitleCo.com

www.MyREIPro.com/NREIA

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EXPAND YOUR

BUSINESS WITH MAREI

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PROFESSIONAL housing provider

Key Investing Areas

CERTIFICATION

for members to share knowledge Rental : Rehab : Wholesale : Notes : Creative

40,000 professionals

National REIA

$750 Average Member

S A V I N G S

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4 member benefits designed to promote

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