Boots-on-the-Ground Market Insights: Legal/Syndication

Boots-on-the-Ground Market Insights: Legal/Syndication

August 2020

Are blind funds totally blind? Are you best positioned to move quickly and get the best deals?

How much of the COVID-19 trainwreck will be permanent damage? Russell Gray, co-host of The Real Estate Guys™ Radio Show, talks with Mauricio Rauld to get a pulse on Real Estate Syndication Law and the flow of funds from the Fed to the Market. 

We hear all about:

✓ Accessibility of 401K’s and Self Directed IRA’s

✓ Syndication and the CARES ACT, Paycheck Protection Program as well as other stimulus loan programs

✓ How to increase Syndication Velocity

✓ The difference between blind funds and specific deals 

✓ And other GREAT insights!

Simply fill out the form below to access this edition of Boots-on-the-Ground Market Insights: Legal/Syndication …


Recent Updates Unlock Retirement Account Profit Potential

Tax rules are always changing … but they’re a great signal to show where policymakers want individuals like YOU to invest your money. 

With the economy struggling under the weight of COVID-19, it’s no surprise that tax rules are being tweaked. 

Today we’re looking at how retirement accounts are being unleashed … and how you can get in on the action as a real estate investor. 

In this episode of The Real Estate Guys™ show, hear from:

  • Your tireless host, Robert Helms
  • His exhausting co-host, Russell Gray
  • Regular contributor and retirement account investing expert, Damion Lupo



Broadcasting since 1997 with over 300 episodes on iTunes!

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Using your retirement account now

There are lots of different ways to invest in real estate. One of the most underutilized … and often misunderstood … resources are retirement accounts. 

So, how can you take that money and invest in real estate and other hard assets?

When many people get hired, they set up a retirement plan, and they forget about it. But you can … and need … to take control off your account. 

If you’re still working for your company, you likely can’t do much about your account besides monitor it and pay into it. 

But, when you have an opportunity to turn that account into a self-directed account, you can make magic happen. 

What’s great about retirement funds is that they can be invested in all kinds of things … you’ll want to talk to your tax professional about the rules and the options available to you. 

Different money is treated differently … it’s taxed different ways, and we behave differently around money that we have saved and put away like retirement accounts. 

We think it is good for individual investors AND for society, in general, to get the money in retirement accounts freed up so you can invest directly in main street instead of relying on Wall Street. 

Whether you are a hands-on investor or a hands-off investor, we’ve got a lot to share with you. 

Understanding how the retirement game is played

Damion Lupo has been involved in many of our events … but he is here today to take us all back to square one. 

Before you can put your retirement account to work, you need to understand what it is and how the game is played. 

“The mission that I have now is breaking financial shackles, and most of it’s done with retirement accounts and breaking people out of the Wall Street jail,” Damion says. 

The Wall Street machine means people hope they are going to wake up in 40 years and maybe they’ll be rich. But there are other alternatives. 

When people leave a job … whether it’s the government with the TSP or a 401K at an employer … they typically roll that account into an IRA and invest in stock or mutual funds. The alternative is a self-directed account.

A self-directed account allows you to be able to direct your money and be in the driver’s seat instead of being in the trunk hoping it works out. 

There are different options in the self-directed realm. The most extreme form of control is an EQRP, and another really good option is a self-directed IRA. 

The biggest difference between the two is that for an IRA you must appoint a custodian … someone else that you have to go through to direct your money. 

An EQRP allows you to be a trustee on your own account, which is the equivalent of the custodian in the self-directed IRA. 

When we talk about controlling and being the trustee of your account … many people hear something that sounds like work. 

Maybe it’s a little work to get it set up … but then, the investments that you make can be as hands off as you want. Retirement accounts are generally set up for passive investing. 

Another important thing to understand is “Roth.” When we say Roth, we mean the after tax money. 

If you have a Roth account … whether it is a Roth IRA, Roth 401K, or Roth EQRP … you pay tax before the money goes into your retirement. When you pull the money out, it’s zero tax. 

And we always say that one of the most important parts of your investment philosophy is your team. That definitely applies in this situation. 

A custodian or an EQRP company can help you make sure you stay in compliance with IRS laws as you put your retirement to work now. 

What type of account is right for you?

What type of account is right for you? Damion says that deciding starts by figuring out your big picture. What do you want to do?

If you want to invest in mutual funds, a self-directed IRA is a great place to start. If you are interested in doing things like real estate, there are considerations to be made. 

A big issue right now is something called unrelated business income tax … UBIT tax. 

When somebody makes a net profit in a real estate deal and there’s debt, there is up to a 37% tax because of the UBIT.  

The reasoning behind it is that your retirement funds aren’t intended for you right now. 

So, if you use your retirement funds to partner with a loan and go buy a property, sell it, and make a lot of money … part of that return was from the dollars in your retirement account.

Those dollars aren’t taxed, but a big part of the return was from leveraged dollars that aren’t part of the retirement account. That means a big tax is due. 

It’s fairly logical, but people hate it. 

The alternative is being in a different part of the tax code. If you have an EQRP, there’s an exemption for UBIT. 

If you’re already invested in an IRA, it’s fairly easy to switch to an EQRP. 

For more information on unlocking the profit potential in your retirement account … listen to the full episode!

More From The Real Estate Guys™…

The Real Estate Guys™ radio show and podcast provides real estate investing news, education, training, and resources to help real estate investors succeed.

Love the show?  Tell the world!  When you promote the show, you help us attract more great guests for your listening pleasure!

Podcast: Recent Updates Unlock Retirement Account Profit Potential

Tax rules are often used as a tool to motivate people to earn and invest in ways policymakers deem important. So it’s no surprise there’s been some tweaks to the tax rules to help stimulate an economy struggling under the weight of the COVID-19 crisis.

In this episode, we take a look at how retirement accounts are being unleashed … and how real estate investors can get in on the action.

More From The Real Estate Guys™…

The Real Estate Guys™ radio show and podcast provides real estate investing news, education, training, and resources to help real estate investors succeed.

Love the show?  Tell the world!  When you promote the show, you help us attract more great guests for your listening pleasure!

Unleash the Hidden Power of Your Retirement Account

There’s a new drug taking hold of Americans … it’s called “hope-ium.” How does it work? Well, you simply smoke a lot of hope-ium … and hope things will work out.

While being optimistic can help, relying only on hope won’t get you anywhere.

Smart real estate investors take control of their portfolio … from big real estate deals to basics like their retirement accounts.

In this episode of The Real Estate Guys™ we’ll discuss how to unleash hidden power from your retirement accounts … and steer your way to a successful future!

On the show today, you’ll hear from:

  • Your anti-hope-ium host, Robert Helms
  • His hoping-for-a-break co-host, Russell Gray
  • Published author and financial mentor, Damion Lupo



Broadcasting since 1997 with over 300 episodes on iTunes!

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From newbie to retirement plan expert

Real estate investing is all about the strategic use of debt. We’ve been in the real estate business for years … and in that time, we’ve seen so many people who had heaps of financial power they just didn’t understand.

Even our guest, the brilliant Damion Lupo, didn’t realize certain retirement accounts could be used for investing freely in alternative assets until a friend introduced him to the idea.

Damion got involved in real estate when he saw Robert Kiyosaki, first on an infomercial and then in person. Over the next five or six years, he built a $20 million portfolio … and then had quite the shock when he received a $672,000 tax bill.

Damion realized there was a better way to do things. “It was a trial by fire,” he told us. So he educated himself on the tools he had missed as a beginner.

Today, Damion’s such an expert that he’s written a book on the subject of investing with retirement money, called the Total Control Financial Guide to the Qualified Retirement Plan.

Damion’s co-author, John D’Arco, is a qualified tax professional, so we feel confident in saying their book covers the ins-and-outs of retirement plans.

We asked Damion to explain what he’s learned over the years about how to invest with retirement accounts.

To start, Damion shared our frustrations about folks who have power at their hands … but don’t realize it.

With retirement accounts, sometimes equity is right under your nose.

A lot of folks put retirement out of their minds, thinking that their employer’s plan will be good enough and hoping they’ll have enough money to take care of themselves in later stages of their life.

But guess what? You don’t have to rely on your employer’s plan. YOU can take charge of your financial future.

Although many people aren’t aware of the option, a Solo 401(k) offers a high degree of control, allowing the self-employed to build a financial fortress for their future.

With a Solo 401(k), you can’t just throw darts and hope it will work out … but if you’re committed to spending the time to make strategic decisions, that shouldn’t be a problem.

What a Solo 401(k) can do for you

Damion told us you can’t put very much money into an IRA, but a Solo 401(k) plans allow users to deposit over $50,000 a year.

Another plus of the Solo 401(k) is if you use your retirement money to invest, you avoid taxes on debt-financed income you would accrue were you to invest with the money in an IRA.

A great element of the Solo 401(k) is owners can withdraw up to $50,000 at any time, simply by writing themselves a check (unlike other retirement accounts, which normally don’t allow withdrawals until actual retirement).

If you choose, your Solo 401(k) can include a Roth element as well. This is a huge bonus because the money that goes into a Roth account is taxed beforehand, instead of when an asset sells or you withdraw it.

Because no one can predict future tax rates, the Roth component is a great way to opt-out of future taxes and set yourself up for major security and peace in your retirement years.

It’s not the end-all-be-all, and it’s not appropriate for every investor, but the Roth component of the plan can be an amazing tool.

The only catch of the Solo 401(k) plan is you have to be self-employed … and we don’t think that’s a very big catch, because if you invest in real estate seriously, at some point your hobby will become a business.

Solo 401(k) plans are a great option because they offer a high degree of control. They also present more risks because as the account owner, YOU are the sole custodian.

Damion reminded us of the very true fact that “Investing is a team sport.”

To minimize risk, he recommends building a team of advisors and tax professionals who have the expertise to tell you when you’re making a mistake.

Are you interested in the benefits of a qualified retirement plan? Listen in to get access to a premium report Damion compiled for us that contains information about who qualifies, the nuts and bolts of a QRP, and MORE!

What I wish investors knew …

We asked Damion whether there were any frequently made mistakes he’d like new investors to be aware of … and whether there are any facts investors often fail to realize about qualified retirement plans.

He honed in on two major ideas.

First, investors often fail to be careful. Damion warned us that with QRPs, investors can’t play into the gray. With these plans, what you can and can’t do is black and white, and failing to get advice can be a crucial mistake.

When investors realize they can use their retirement account money for almost anything, sometimes they make unwise decisions … investing from their glands.

Damion’s seen people take money out of mutual funds and invest in neighbors’ restaurants or loan money to family members.

That brings us to a very true fact … just because you can do something, doesn’t mean you should.

Damion’s second piece of advice is investors often don’t realize by being smart, they can set their families up to be professional investors using qualified retirement plans.

For example, by “hiring” a parent or grandparent, children can inherit accounts upon the death of those family members, allowing them to use the money in the account AND continue to invest in it.

Another tool in your portfolio-management toolbox

Our crazy-informative session with Damion Lupo is simply evidence of the value of getting out in the real world, meeting interesting people, and staying in touch!

You never know the ideas people you meet will acquire and share with you.

We’re glad we could take what we’ve learned from Damion and pass it on to YOU … and we hope you got some new ideas from this session!

One thing to remember as you take what you’ve learned into the real world is that investors have to think about more than just the deals.

We know, making deals is exciting! The rush of making a good deal is part of the reason every real estate investor is in the game.

Setting up a qualified retirement plan may not be satisfying to a deal junkie, but to a serious investor, it’s a way to increase stability on both the business side and the portfolio-management side.

We’re a big fan of anything that allows you to mitigate risk and create wealth that can sustain you through possibility instability … and smart investing with a QRP definitely fits the bill!

This week, go out and make some equity happen! (And maybe reexamine your retirement accounts!)

 More From The Real Estate Guys™…

The Real Estate Guys™ radio show and podcast provides real estate investing news, education, training and resources to help real estate investors succeed.

Real Estate Retirement Account Riches

Do you have a long-term plan for your capital?

Whether you’re among the few, the proud, the informed … or if this is a brand new concept, in our latest show we talk about some recent changes to know about investing in real estate with your IRA.

While many real estate investors are aware of self-directed retirement accounts can be used to buy, finance, or option real estate …. MOST paper asset investors do not realize this.

It’s a HUGE opportunity for those looking to get in on bigger deals.

In our latest episode we sat down with our favorite self-directed IRA expert for his tips on wealth-building. Listen in to learn how YOU can untapped treasure chest.

Tune in to our latest edition of The Real Estate Guys™ radio show with:

  • Your IRA-myth-bustin’ host, Robert Helms
  • His gut-bustin’ co-host, Russell Gray
  • NuView Founder and President, Glen Mather



Broadcasting since 1997 with over 300 episodes on iTunes!

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Introducing Glen Mather

We were pleased to welcome Glen Mather, NuView Founder and President, to our show again.

Glen left his corporate job to open NuView in 2003, wanting to help others take control of their IRA. He speaks nationally on the topic of self-directed IRAs and has been featured in print and on television.

Glen saw the billions … no, TRILLIONS of dollars tied up in “non-traditional” investments and the opportunities available for savvy investors.

Staggering $7.4 Trillion in IRA Accounts

If you’re looking for a creative way to find capital, there’s a whole treasure chest available in self-directed IRA accounts. This year the tally is up to $7.4 trillion.

First, let’s back up and talk about different types of IRA accounts.

The granddaddy is the traditional, the most popular for when employees rollover their money from an employer account. In a traditional IRA account, you put money in without paying tax, and Uncle Sam takes his tax piece of the pie when you withdraw money in retirement.

Some encourage the traditional IRA with the idea they will be in a lower tax-bracket in their older age – but wouldn’t you prefer to have a higher tax-bracket, due to all of the wise real estate investments you made?

For those planning on a HIGHER tax bracket in their mature years, consider the Roth option.

With a Roth IRA, you pay tax upfront.

“This is paying tax on the seed instead of the harvest,” said Glen. “When it gets large and you’re excited about your large balance, it can be painful to pay taxes on it.”

One caveat: Not everyone qualifies to have a Roth. You have to have earned income, not just passive cashflow. This could include things like 1099 or W2 work, and you need to earn at least $5,500.

Self-direction puts YOU in charge

For those with self-directed IRAs, YOU have the responsibility to vet out investments.

There are a few retirement account custodians who believe in giving choices to everyone. NuView is one of them.

Of course, there are some legal restrictions. Glen explained, for a self-directed IRA, there are really only three things you CANNOT invest in:

  • Life insurance
  • Collectibles (baseball cards, etc.)
  • Stock of sub-Chapter S companies

After all, the idea behind retirement accounts is to have money put away that you’ll need an use in RETIREMENT, right?

“You can’t have a current benefit,” said Glen. “You wouldn’t use IRA money for a vacation home. You have to be a passive investor.”

This means, with a self-directed account and a willing custodian, you can invest in things like:

  • Houses
  • Land
  • Apartments
  • Syndications
  • Trust deeds

“People talk about diversification but true self-direction leads you to diversification in lots of ways,” said Glen. “Your strategies can change over time as you grow in knowledge of real estate.”

For example, you could be on the financing side, or you could invest in the first deed of trust.

Start where you are – plan for a bright future

Whether this is old news to you or opens the door to new possibilities – being aware is the first step.

Nobody cares about your money as much as YOU do. Want to find other ways to grow your retirement nest egg in “non-traditional” ways?

Don’t be afraid of starting where you are, even if you only have a few thousand dollars to invest.

“If you can’t think of ways to invest it, someone else will have that figured out,” said Glen. “People think they shouldn’t bother using their IRA for other self-directed investments unless they have a big amount.”

But will it grow a lot slower if someone else is making the decisions?

Take the reins on your retirement, and create a future you’ll thank yourself for later.

Some people spend more time planning a two-week vacation than they do the rest of their life – don’t let that be you!

More From The Real Estate Guys™…

The Real Estate Guys™ radio show and podcast provides real estate investing news, education, training and resources to help real estate investors succeed.

12/19/10: Winding Down the Year – Maximizing Your Properties, Deductions and Strategies

Let’s face it.  Running even a fledgling real estate empire is hard work.  The only paperwork that’s fun is cashing those rent checks!  Nonetheless, the end of the year is a great time to step back from all the wheeling and dealing and do some strategic planning for the New Year.

In The E-Myth Revisited (on our list of Recommended Reading), author Michael Gerber says you must invest time “working ON your business instead of IN it”.  In Before You Quit Your Job (hey! that’s also on the recommended list!), our good friend Rich Dad Poor Dad (yes, it’s on the list too) author Robert Kiyosaki explains the importance of SYSTEMS in his B-I (Business Owner / Investor) Triangle.  The point is that being organized and thinking strategically are critical components of success.

But where to start?  That’s the topic of this episode!

Behind the microphones, in the Equity Sleigh, winding down the year:

  • Your host, the Santa of Real Estate Wisdom, ho-ho-host Robert Helms
  • Santa’s Helper, co-ho-ho-host (or just “co-ho” for short), Russell Gray
  • Our own Santa look-alike, the Godfather of Real Estate, Bob Helms

Taking a page from Santa’s playbook, The Real Estate Guys are making a list and checking it twice.  But we’re not looking for who’s naughty or nice…well, actually naughty would be okay 😉  …our list has a bunch of things real estate investors should be thinking about this time of year.

When rushing to open your holiday gifts, wouldn’t it be nice to open up a great big tax deduction, reduced mortgage rate or increased cash flow?  Of course it would!  But sadly, no one is going to slide down your chimney and stuff your stocking with enhanced profits.  So, if you want to pad your bottom line, and keep your assets safe and warm, you’re going to have to wrap your own gifts.

So grab a pen and paper (or that brand new iPad you just opened) and get ready to take some notes.  When you’re done listening to this episode, you’ll have very own end of year checklist and a great start of a new holiday tradition!

Happy Holidays!

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7/11/10: Ask The Guys – Bankrupcty, Tax Liens, Cheap Houses and More!

So we’re wandering around the radio show one day trying to think of something to talk about.  Then we trip over a big bag of email and say, “Hey! We haven’t answered listener questions for awhile. Let’s do that!”  So today’s episode is all about you and your questions.

Taking the stand and promising to answer each question to the best of our admittedly limited abilities:

  • Host and Professional Pontificator, Robert Helms
  • Co-Host and Head of The Real Estate Guys Research Institute, Russell Gray
  • The Man Who’s Forgotten More Real Estate than Most Will Ever Know, the Godfather of Real Estate, Bob Helms

One of our favorite things to do is show off how smart we are.  For obvious reasons, we don’t get to do that very often, but we always look forward to the opportunity.  Then again, if you subscribe to the idea that people learn by making mistakes, we’re REALLY smart!

Anyway, we get lots of questions from people and we love it.  So please keep ’em coming!  Go to Ask the Guys and ask away!  For this episode, we grabbed a handful from the email bag and here are some we found.

(For privacy purposes, we’ve omitted the names, phone numbers, social security numbers, birthdates, drivers license numbers, bank account information, picture, height, weight, race, religion, sexual orientation and favorite ice cream)

I just came out of a Chapter 7 bankruptcy.  How can I get a mortgage?

I found properties for $500 – $1000!  Seems like a no-brainer.  Am I missing something?

Is Dallas a dangerous place?

The Great Recession wiped me out.  How do I get going again?

What do you think of using retirement accounts to buy real estate?

Are tax liens a safe investment?

And our personal favorite:

Is it still possible to buy property for no money down?

Tune in for the answers to these and other exciting questions on this episode of The Real Estate Guys™ Radio Show! (theme music plays here).

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