Delaware Statutory Trusts — A Powerful Tool for 1031 Tax Savings

Real estate investors LOVE the 1031 tax-deferred exchange. 

But when you want to exchange your equity into a partnership so you can get into bigger, better deals in new markets with professional management … a 1031 comes up a little short. 

A great solution? Delaware Statutory Trusts. 

Even though they have been around for years, many investors don’t know about this powerful investment tool. That’s why we are talking with a syndicator who knows how to use this strategy to keep your equity compounding. 

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

  • Your powerful and trustworthy host, Robert Helms
  • His tool of a co-host, Russell Gray
  • Delaware Statutory Trust organizer, Paul Moore

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Building on the 1031 exchange

One of the things we have to manage as real estate investors is our tax liability. We want to pay as little tax as possible, but we also want every tax advantage we can get today. 

Today, we’re going to talk about a relatively unknown technique that’ll help you preserve tax and make more money. 

There is a strategy behind how and when you change assets. If you sell a rental house after five years, you’re going to do something with the proceeds. 

In this episode, we’re talking about a structure that doesn’t get talked about enough, because it allows people some really great benefits. 

As always, we are not tax professionals. We don’t give advice … but we will share some ideas and information. 

One of the great tools we have to repurpose and reposition wealth is a 1031 tax deferred exchange. 

People talk about this strategy as a way for an individual investor to avoid tax … but it has been more difficult for syndicators. 

How do you implement this strategy in a group investment? 

Solving that problem has been really difficult … but there have been some new innovations in terms of the way people are using some of the structures available. 

What is a Delaware Statutory Trust?

Paul Moore from Wellings Capital is a syndicator who specializes in some great asset classes … but he has also helped unlock the key to a new chapter of 1031 investing. 

“The 1031 exchange is great. When the 2017 tax law came out, we were all concerned that maybe they were going to take it away, and they did for almost everybody except real estate investors,” Paul says. 

As real estate investors, we are really fortunate that we were able to keep the 1031 exchange. It gives us great leverage and the ability to compound tax deferred. 

And … you could even swap till you drop and never pay capital gains or recapture tax. 

But even with all the advantages of a 1031 exchange … it’s really hard if you want to go from an active manager to a passive manager. 

Paul says over the last three or four years he has had many people call him with 1031 exchange money that his funds couldn’t help. 

They were frustrated and his team was too. 

The last thing any investors want is to see other investors give up and pay taxes or invest in something that they might not have otherwise just to avoid taxes. 

So, Paul started looking into the Delaware Statutory Trust … an ownership model in which a legal entity allows people to buy fractional interest in a property and even diversify among several DSTs. 

This takes away the time pressure, the negotiation, and the management hassle of the 1031 exchange. 

It also gives direct ownership … which means that the replacement property is going to flow the tax deferrals to the individual investor. 

Now let’s be clear … it’s a Delaware trust … but the property doesn’t have to be in Delaware, and the person doesn’t have to be in Delaware. 

The beneficiaries are actually the people who buy the fractional interest, but the professional manager who runs it takes on all the hassle. 

A DST also allows the 1031 exchange investor to get a stabilized, predictable return. 

Another benefit is the ability to slowly transition your portfolio over time into bigger and bigger projects under the watchful eye of professional management. 

In a nutshell, the Delaware Statutory Trust allows people the same benefits of a 1031 exchange … but rather than investing in a specific property, you’re investing alongside other folks. 

One big downside to the 1031 that does carry over to the DST is the debt rule. 

If you’re investing $100K and you have 40% debt and 60% equity, you have to have that same percentage in the new investment. 

If you don’t, you just pay tax on the part that’s out of whack. But you still have to pay some tax. 

Types of properties for a DST

The return and the income model for the investor will depend on the property itself. 

What are the range of types of properties that make sense for Delaware Statutory Trust operators to consider?

For a long time, the most popular properties for DSTs have been things like triple net leases … a long-term lease that delivers predictable income. 

But now, DST providers have also gone into multifamily. There are self-storage DSTs. There are even mobile home park DSTs. 

The important thing is to have a stable, predictable, passive income. If the property isn’t generating something that’s predictable and stable, it will throw off the DSTs. 

But, that’s why investors can expect a set return. 

For more on 1031 exchange and Delaware Statutory Trusts … listen in to the full episode!


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This is a SHOCK! … said no one

We’re proudly filing this under the category of “We told you so.” ….

Stripe workers who relocate get $20,000 bonus and a pay cut
– Bloomberg, 9/15/20

“Stripe Inc. plans to make a one-time payment of $20,000 to employees who opt to move out of San Francisco, New York or Seattle, but also cut their base salary by as much as 10% …”

“… companies … have expanded opportunities for employees to work remotely while also signaling … pay cuts if workers move to less-expensive cities.”

“VMware Inc. … Facebook Inc., Twitter Inc. and ServiceNow Inc. have all considered similar measures.”

Of course, we could just as easily file this under “Duh.”

After all, when companies discovered they could move jobs to China and Mexico to save money and increase profits, they did.

Modern tech empowers remote working.

And while many info workers might not be keen on moving overseas … moving to low cost, low tax, good quality of life states is not just palatable … it’s appealing.

The COVID-19 lock-downs have forced businesses into improving their remote workforce management … opening everyone up to a win-win move.

Companies LOWER their labor expenses, while employees improve their NET lifestyle in more affordable markets.

Also obviously, this has implications for the demand for real estate … housing, office, retail … in both the markets losing and those gaining people and their paychecks.

This is just one of many trends the COVID-19 crisis has accelerated, though likely still in its infancy … and worth watching.

That’s why we created the COVID-19 Crisis Investing video series … and why we’re getting regular updates from our Boots-on-the-Ground correspondents.

Shift is happening … and faster than usual.

Investing in this environment is like driving a car … the faster you go, the farther up the road you need to look so you have time to react well.

Here’s another noteworthy article with insights which are a little more challenging to decipher, but worth the effort …

The Death of the 60/40 Portfolio
– Yahoo Finance, 9/6/20

“That’s stock talk. It doesn’t apply to me. I’m a real estate investor!”

Really?

Well, before you click away to check the latest mortgage rates or political pandering, consider …

While 60/40 refers to a typical Wall Street portfolio allocation model for a mix of stocks and bonds.

The reason it’s been a staple … and the reason it’s changing … is highly relevant to real estate investors.

“The biggest takeaway is that Woodard’s team is more confident than ever that … interest rates … will likely … move considerably higher … arguing that investors should start to move away from bonds in their current allocations.”

The “Woodard” they’re referring to is Jared Woodard, Head of the Research Investment Committee for Bank of America Research.

So he’s well-qualified to have an opinion worth contemplating.

But it’s not just rising interest rates that are interesting to real estate investors …

(though that’s a compelling reason to secure as much low-cost long-term debt as you can while you can)

… but his recommendation to “move away from bonds” is important.

So in another “surprise said no one” moment, are reports the two biggest U.S. bondholders in the world (China and Japan) have already started “moving away”.

That’s because when rates rise, bond values fall.

And like any bubble … when bondholders head for the exits en masse, it sets off a very disrupting chain of events in the macro-strata of the financial system.

Of course, as you might suspect … it all rolls downhill onto the often unsuspecting denizens of Main Street.

The reason it’s SO extreme is because of the way bonds are used in the financial system.

In real estate terms, they’re used like properties with equity. The owners borrow against them to raise more cash to lever into more “assets”.

Except these loans against bonds come with margin provisions … which means if the value of the bond falls, you’re either forced to sell at a loss or borrow more.

The point is when balance sheets at every tier of the financial system are stuffed with leveraged bonds …

… a collapse of bond prices is a BIG problem for everyone … including real estate investors. Remember 2008.

(Yes, we know we’ve covered this before. But although the asteroid is moving slowly towards Earth, it still seems important to talk about it and prepare.)

Of course, in 2008 bonds collapsed because of a higher than expected default rate in sub-prime loans.

Yes, it’s true, that was then and this is now. But with an economy still largely locked-down, headlines like this should surprise … no one …

Lower-Credit Homeowners Weigh Heavily on U.S. Mortgage Market
– Bloomberg, 9/15/20

But whether it’s sub-prime borrowers defaulting, large foreign holders dumping, interest rates rising, or leveraged bond-loans going bad …

It doesn’t matter WHY bond values fall … if they do, it’s a threat to the financial system.

The fix, of course, is lots of dollar printing by the Fed, which (as we’ve been saying and saying and saying) puts a lot of pressure on the dollar 

Dethroned Dollar Is Making Waves Across Markets, in Five Charts
– Bloomberg, 9/15/20

Of course, as this article points out, there are different tactics for investors to mitigate risk and capture opportunity …

“Savvas Savouri at Toscafund Asset Management recommends switching out of conventional Treasuries and into inflation-protected securities.”

“’The simple reality is that the only feasible way to get the U.S. to the preferred inflation target is through a dollar devaluation,’”

The article also mentions gold as an alternative tool for the job …

“The dollar’s decline has also helped thrust gold onto center stage … some investors are betting that [gold] bullion will prove a better haven than Treasuries as inflation bites …”

So while there’s a fair amount of consensus about the challenges … there are variations on how to best address it.

And in yet another “surprise … said no one ever” moment …

… real estate is completely missing from mainstream financial media’s discussion of potential solutions.

That’s like heading out to a job site and leaving your best power tools at the workshop. Then again, if you don’t know how to use them, what good are they?

Of course, any talk about the what, why, and how of real estate investing is completely omitted because (in our not-so-humble opinion) mainstream financial media exists to protect and promote Wall Street.

That’s probably why YOU are here. It’s certainly why we are.

The GOOD NEWS is, whether you’re investing in your own account or organizing syndications with private investors …

… there’s a LOT of opportunity RIGHT NOW to use the right real estate as the foundation of a resilient real asset portfolio.

The GREAT news is that even though things are moving faster than normal …

… there’s still time to build your knowledge and relationships and to organize your life and portfolio to get in on the action.

The asteroid hasn’t struck yet … and while it may not … better to be prepared and not have a crisis than to have a crisis catch you unaware and unprepared.

We’re working hard to step-up the volume of ideas, resources, people and opportunities we share with you right now … because we think the times demand it.

There’s a “new normal” on the horizon …

… and while real estate is real, essential and a time-tested vehicle for wealth building and preservation …

… there are new rules and strategies emerging … because market conditions are dramatically shifting.

So be SURE to subscribe to our re-launched YouTube channel, follow us on Facebook, and of course, subscribe to the podcast.

When you support ALL our distribution outlets with your listens, views, likes, shares, comments, questions, and reviews …

… you make it easier for us to attract the guests and resources necessary to produce more and better content for you.

We appreciate you … and look forward to thriving through this crisis with you.

Until next time … good investing!

Podcast: Delaware Statutory Trusts – A Powerful Tool for 1031 Tax Savings

It’s awesome when equity happens. And it’s even better when it compounds. This is why real estate investors LOVE the 1031 tax-deferred exchange.

But when you want to exchange your equity into a partnership so you can get into bigger, better deals in new markets with professional management … a traditional 1031 comes up a little short.

Delaware Statutory Trusts are a great solution. But even though they’ve been around for 20 years, many investors are still unaware of this powerful tool.

So tune in to this episode as we talk Delaware Statutory Trusts with a syndicator who’s using this powerful tool to help investors keep their equity compounding.


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.


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Building a Successful Real Estate Portfolio as an Active or Passive Investor

Some investors LOVE the nitty gritty … they’re down in the dirt doing deals and building portfolios for themselves and others. 

Then there are investors that LOVE reaping the benefits of real estate but don’t want to get their hands dirty. 

It doesn’t mean they are less passionate … or have to be less successful. It just means that maybe they’re too busy with their day job, running a business, or enjoying the passive benefits of their investments. 

Today, we’re talking about different approaches to building successful real estate portfolios. 

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

  • Your hyperactive host, Robert Helms
  • His passive co-host, Russell Gray
  • Regular contributors and super-successful investors, Dave Zook and Brad Sumrok

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Building portfolios passively

One of the best ways to learn about investing is by talking to investors who have been there and done that. 

Today we’re going to hear great stories from successful investors as we discuss building a successful real estate portfolio … as either an active or passive investor. 

There are two primary ways to invest. 

You can invest actively … be the one out there finding markets, dealing with agents, talking to lenders, qualifying for loans, and putting deals together. 

Or, you can invest passively … working instead to find great partners, great syndicators, great real estate people and mortgage teams and letting them do the work. 

If you’ve listened to us before, you know that we are big fans of this syndication approach.

Whether you are investing through somebody else or in your own account, you are responsible for building and developing your own portfolio. 

The thing is, most of us aren’t trained. We don’t do portfolio management professionally. We’re just trying to figure out how to do real estate deals. 

One of the neat things about being a real estate syndicator is that you can pivot when the market changes. 

We’re fortunate to know people who have put together big portfolio services and have a perspective that we think is valuable for everybody out there to hear. 

Real assets, passive investments

The gentleman we are speaking with is one of the top commercial real estate brokers in Memphis, Tennessee … Dave Zook. 

Like so many people who get into the apartment niche, he ran out of his own money and started to think about syndication. He began raising capital … and had big success. 

In five short years, he has raised nearly $200 million. And now he helps other people work toward the same outcomes … and the essence of being a syndicator is helping other people. 

But it wasn’t always that way. 

“I had specifically made up my mind that I wasn’t going to be a real estate investor,” Dave says. “But, then with some of my businesses I got to the point where I was paying around a half a million dollars a year in tax.”

Dave says that he realized that real estate could be a source of cash flow … a great way to build wealth … AND a real tax protection vehicle. That’s what drew him in. 

There are a variety of ways that investors can invest. Dave and his team focus on real assets. Though he started in multifamily, there are many other ways to get involved. 

One example is self-storage space. 

“I was looking for an asset class that I knew typically does very well during some kind of recession,” Dave says. 

Like all asset classes, Dave did his homework and found a team of experts who were comfortable and successful in the space to partner with. 

Self-storage is a great option for syndication because it is difficult to invest individually. Most of these facilities are large and require a significant amount of cash to start … but the payoff is great. 

Another asset Dave has passively invested in is ATMs. Not every ATM is owned and operated by a bank.

“There are a lot of independent ATMs out there. It’s a big range, and it is very profitable,” Dave says. 

The point … syndication isn’t just about real estate. It can be put into play for a variety of asset classes. 

Types of passive investors

So, what type of investor invests alongside a person like Dave who is out there making deals happen?

Dave says, for the most part, the individuals he works with are small business owners … neck deep in running their own businesses and very, very busy. 

These people don’t have a lot of time to be out researching different asset classes, but they still want a good return on the capital that they are putting out into the market. 

There are also a decent amount of high-paid professionals … doctors, lawyers, surgeons, dentists, and the like … who are looking to find deals where they can offset ordinary income. 

Generally speaking though, the classic passive investor is somebody that has more money than time. 

They could go out and look for their own deals, but they’re busy doing whatever it is that allows them to have the money to put into the deals. 

That’s why syndication is so appealing to them. 

Get ready for AIMNATCON

Our second guest is the apartment king … Brad Sumrok … here to remind all you investors out there that AIMNATCON … the Apartment Investor Mastery National Conference … is coming up. 

“Today, people’s lives have been disrupted and yet the apartment business goes on,” Brad says. 

This year, the conference is 100% virtual … so people from all over the world can participate from the safety of their own homes. 

This event brings together some of the best teachers, speakers, and investors on the planet. 

For more about AIMNATCON and building your portfolio through passive investing … 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.


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As the world turns …

As The World Turns was one of the longest running daytime soap operas in television history. And yes … there are valuable lessons for investors.

From 1956 to 2010, As The World Turns followed the lives of a fictional collection of high-paid legal and medical professionals.

Unlike other shows in the genre, which tended towards sensationalism …

 As The World Turns was nuanced in drawing viewers into the underlying story-lines. The pace was more real-world than melodramatic.

Perhaps it was this deeper intellectual engagement that captivated the audience for decades.

Of course, technology has changed media.

More noise leads to more sensational reporting in desperate ploys to capture attention. It’s the opposite of intellectual.

Today, much of the world’s story-line comes in sound bites, tweets and posts.

And like Pavlov’s dogs, we’re conditioned for short attention spans …

… expecting anything important to be short, loud, obvious, easily understood, and hopefully entertaining.

If information isn’t sensational, it feels unimportant. So we ignore it.

This could be why day-trading is so popular with many young “investors”. It’s hyper-stimulating.

But the real world changes SLOWLY … though surely … even in the internet age. Before Google, Amazon and Facebook … AOL dominated.

Of course, slowly but SURELY … the landscape of the internet changed … and is having a profound impact on everything … including real estate.

Impatient investors might overlook important slow-moving changes … and then miss opportunities or suffer damage from risks they didn’t even see developing.

For years, we’ve been talking about the long-term decline of the dollar …

… and the persistent collapse of interest rates …

Both have significant ramifications for investors … real estate and otherwise. Just as AOL lost it’s dominance slowly, so might the dollar.

But we’ve covered this often, so we’ll simply continue to suggest the financial system may be approaching a fundamental reset …

… and investors are wise to think outside the dollar while preparing for a temporary credit market collapse.

(Hint: Liquidity is good. If credit markets seize, prices usually crash, and bargains abound until credit markets are restored and prices re-inflate.)

If it’s not obvious, the key is getting in FRONT of the wave. Positioning depends on how nimble YOU are in relation to how fast the wave is moving.

Most ordinary investors are unwilling or unable to stay as liquid as needed to nimbly capture big opportunities when shift happens quickly.

However, when a lot of investors all chip in, then together they can grab a big opportunity quickly … even if it’s something none of them could, would or should do alone.

Of course, being able to buy is one thing. Knowing what and where to buy is another. And the best clues aren’t in soundbites and sensational headlines.

Real estate story-lines are often hidden in boring macro-trends … often only visible to diligent market watchers.

One is the so-called “Amazon effect” … as the growth of online shopping and its resulting shipping boom crushes retail and catapults commercial real estate.

Yes, it’s obvious to everyone now. But it’s been going on for many years … and there’s more to the story than meets the mainstream eye.

Of course, COVID-19 is accelerating this trend … and many others … which is why we did a deep dive into the COVID-19 crisis from an investing perspective.

And consider that before e-commerce started reshaping retail, off-shoring shifted manufacturing and its jobs to far away markets … impacting real estate investing in many markets.

Ironically, COVID-19 might accelerate the return of off-shored manufacturing … which is another slow developing storyline we’re following.

The point is … as the world turns, shift happens … often slowly.

And by the time the shifts become obvious, it might be too late to move into position to capture the best opportunities … or avoid the worst pitfalls.

In 2008, we learned businesses will take jobs to more affordable and business friendly places … even off-shore … to survive in tough times.

Similarly, people will change locations and occupations to find work. Many construction workers from Las Vegas ended up in the oil business in Texas.

Ken McElroy taught us strategic market selection … picking geographies with jobs tied to drivers which are difficult if not impossible to move.

Energy is one of the drivers Ken was focused on coming out of 2008. It’s hard to move an oil well to China. That was a good call.

Of course, oil is a complex and volatile industry so we wouldn’t pick a real estate market driven purely by energy production alone. It’s why we avoided North Dakota during the Bakken boom.

When it comes to geographically linked industry, distribution is one of the most stable because it truly follows the old adage: location, location, location.

Distribution hubs are all about location.

Because even if all the stuff is made in China, India or Mexico, it’s still shipped in boxes moving through domestic hubs to American consumers.

This was true before manufacturing was off-shored. It’s been true while shopping moved from in-person to online. And it’s still true during COVID-19.

Distribution is a boring, stable real estate story-line that’s a little hidden under all the sensationalism of the crisis du jour.

So coming out of the last crisis, we focused on Dallas (energy, distribution, and more), Memphis (distribution), and Atlanta (distribution, and more).

Notice a common denominator? And a decade later, the underlying story-line … and the markets it supports … continues to be strong.

Of course, small investors aren’t buying warehouses, distribution centers, truck sales and service centers, rail hubs, ports, or shipyards.

But small investors and syndicators CAN own the residential rental properties which house the employees of all those places.

This allows you to combine the resiliency of residential real estate with the geographic desirability of distribution to add stability to portfolios in uncertain times.

And best could be yet to come …

When capital is moving into expanding these centers, it usually means more jobs and housing demand in those markets down the road.

BUT … you can’t see these trends early by limiting yourself to tweets, memes, soundbites, or mainstream financial media. It’s all far too unsensational.

However, professionals in commercial real estate often diligently track the slow but large flow of capital and transactions into the space.

Strategic real estate investors watch these mega-trends and use them as clues about where and when to scurry into place …

… ESPECIALLY while short-attention span investors are NOT paying attention or are scattering like cockroaches in the light of uncertain economic times.

So … take a deep breath … you’ve come this far … and ponder these points …

Are the millions of people in the U.S. going anywhere soon?

Is it likely someone will create a technology to negate the need for people to live in houses or have stuff shipped to them?

We don’t think so.

Therefore, even though there’s a LOT of sensationalism in the temporary economic drama … the underlying story-line is as slow and steady as the world turns.

So when we came across this midyear 2020 report on the “Elite 11” U.S. industrial markets, it captured our attention.

The report is authored by a 40-year old commercial real estate firm. It provides insight into commercial space growth indicators in 11 key markets.

Among them are AtlantaDallas-Fort Worth, and Houston.

While DFW led in absorption, Houston led in expansion, and “Atlanta will very likely set a record total square footage delivered … by the end of 2020.”

And they’re all in business and landlord friendly states … compared to others which seem intent on chasing business out.

Remember, a fundamental priority of real estate investing is to pick strong markets and product niches FIRST …

… then build a boots-on-the-ground team … and THEN find properties.

Properties are best chosen in the context of markets and sustainable economic drivers.

So while people may not shop in stores or work in offices as the world turns … it’s highly likely they’ll always need a home and stuff.

So in an unstable world, smart investors will figure this out. Better to be among the early.

Distribution is a real bright spot right now … so while COVID-19 makes the future murkier, it doesn’t erase essential human needs.

And if the current uncertainty frightens short-attention-span investors into staying on the sideline, even though the underlying story-line is stable …

… it’s a chance to stay calm and “be greedy when others are fearful.”

Until next time … good investing!

Podcast: Building a Successful Real Estate Portfolio as an Active or Passive Investor

Some investors LOVE doing deals and building portfolios … for themselves and/or for other investors.

Other investors LOVE the benefits of real estate investing, but don’t want to get their hands dirty. Or maybe they’re just too busy with their day job, running a business, or sipping cocktails on the beach.

In this episode, we visit with two very successful active investors and talk about the two different approaches.

So tune in as we talk building successful real estate portfolios actively or passively.


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!

Winners, losers, also-rans, and the clueless …

If you’ve ever been in a crowd when something surprising happened … or even in a game of musical chairs, you know …

… people respond VERY differently when stressed.

Some think, decide and act very quickly. Experience, confidence, coaching, and maturity are all factors.

Then there are those who act quickly … without thinking. It doesn’t always end badly, but it often does.

With the shoot-first-ask-questions-later group, it’s usually immaturity, inexperience, lack of training, arrogance … even desperation … that gets them in trouble.

Others take way too much time to think … and then act too slowly. They often miss the best opportunities or fail to avoid rapidly approaching danger.

This quintessential “paralysis of analysis” is usually rooted in inexperience and lack of training. But pride and extreme fear of failure is often the biggie.

And of course, they’re the folks who completely freeze under pressure.

They can neither think nor act … they’re the proverbial deer in the headlights … suffering emotional and intellectual overload.

These folks are often in denial … using avoidance and reliance purely on hope as their primary strategy … and abdicating personal responsibility for their results.

Which are YOU?

It’s a hard question. We all want to be Joe Cool … calm, confident, collected, decisive … taking effective action under pressure.

Yet we all have our limits. And sadly, we don’t often discover them or work at expanding them until we fail under fire. Not good.

This is a VERY timely topic because in case you hadn’t heard … the world’s economy and financial system is under EXTREME stress right now.

Some of it is likely to roll downhill onto Main Street real estate investors. So if you’re not stressed yet … get ready.

NOW is a really good time to look honestly at your own investing and emotional IQ …

… not based on your goals, aspirations, ideals, or vision … but rather on your actual history of performance under pressure.

If you’re younger, you may not yet have a resume of stressful investing or business experiences to reflect on.

So use what you have … experience in school, sports, games, and even relationships (they’re stressful!) … to find clues into your psychology.

It can be humbling. But it’s an important exercise.

It’s well known by those who study the emotional side of investing … the art of managing fear, greed, procrastination, and arrogance …

… successful investors are able to act decisively and diligently in times of extreme stress.

That’s because they’ve learned to stay level-headed, think clearly, rely on data and expert advice.

Those who FAIL to keep their cool under pressure usually only win small (if at all) … often lose (often big) …

… and sometimes aren’t even in the game at all … missing opportunities like a little-leaguer swinging against a big league pitcher.

There’s a lot of shift happening right now.

And with a polarized election season now added to the mix, it’s about to get a whole lot shiftier … and emotional.

Our friend Blair Singer says …

“When emotions run high, intelligence runs low.”

Your mission is to remain aware, prepared and rational … so when threats and opportunities pop up, you’re able to act wisely and decisively.

Easy to say. Sometimes hard to do. Yet VERY important to work at nonetheless.

In tumultuous circumstances, it’s natural to want to stop, sit down, or cling to anything or anyone familiar in search of stability.

Sometimes that’s smart. After all, there’s a reason money is moving into real assets like metals and real estate.

But it’s not smart to cling on to obsolete strategies, paradigms, or methods. As things change, you might need to change also.

How do you know what to think and do?

One of our strategies is to watch experienced investors … especially those with access to great advisors and quality research.

That’s why we noted billionaire Sam Zell’s and Warren Buffett’s moves into gold.

You may or may not be interested in gold … but the overt and implied reasons behind big money moves contain clues …

… about the economy, financial system, currency, and interest rates.

All investors, real estate and otherwise, are wise to pay attention to those things.

But while gold and real estate are both considered “real assets” … they are also very different.

Real estate is the opposite of a commodity or an asset class. It’s not uniform in all places. Every property is unique right down to the address.

Yet even seasoned real estate investors tend to think about real estate only in the context of their niche and markets.

If you’re into apartments, that’s what real estate is to you.

Or if you’re into office buildings … or retail … or farmland … or single-family residences … that’s what real estate is to you.

Of course, real estate is also more than a niche …

If you’re into residential real estate in New York, you’re having a certain kind of experience right now.

But if you’re investing in residential real estate in JacksonvilleCentral Florida or Phoenix, you’re having a VERY different experience than those in New York.

Overall, residential real estate … especially housing … is red hot. Housing starts are upHomeownership in the US soars to its highest level since 2008.

But that doesn’t mean every house in every market is on fire. Some are. Some aren’t. Some for good reason. Others … not so much.

It’s the ambiguity of real estate which creates the opportunity. And when shift happens, pockets of opportunity and disaster open up.

The important point here is real estate is NOT an asset class … and as things shift, there will be winners and losers.

So back to billionaire watching …

Reuters reports … sovereign wealth funds are re-thinking once-reliable real estate.

“The COVID-19 pandemic has forced sovereign wealth funds to think the previously unthinkable.”

Perhaps the same thing that happened to Warren Buffett and his position on gold.

“ … the funds are retreating from many of the real estate investments that have long been a mainstay of their strategies.”

“… shifting … funds increasingly investing in logistics space, such as warehousing, amid a boom in online commerce during the pandemic, while cutting back on deals for offices and retail buildings.”

Such shifts in behavior can have seismic effects on the global real estate market …”

Of course, if you’re investing in Main Street self-storage centers or mobile-home parks … you’re likely well-insulated from the “seismic effects” created by the equity repositioning of these behemoths.

But while their moves might not affect you … and you may not emulate WHAT they do … you can still learn from WHY they’re doing it.

They’re responding to the STRESS of COVID-19.

Do you think these behemoths think COVID-19 and its ramifications will pass quickly and the world will soon be back to business as usual? Or not?

After all, Buffett backtracked on one of his most outspoken positions and pulled a page out of Peter Schiff’s playbook … dumping dollars and buying gold.

Similarly, these sovereign funds are shifting HUGE long-term holdings from certain real estate niches (the projected “losers”) into others (the projected “winners”).

As shift happens bigger and faster, winning will require more intelligence and greater emotional control.

If you’re not already diligently developing those things … it’s probably a REALLY good idea to get started soon.

Notice that the big boys aren’t taking a Wait and See approach, but rather they Think and Do. That’s a clue.

Meanwhile … what’s clear is the world is changing quickly … the big boys are making their moves … and old paradigms are being re-evaluated.

Our experience, both good and bad, tells us the informed, level-headed, rational, decisive investors will most likely be the biggest winners.

Think and Do is better than Wait and See.

The Best Opportunity in Real Estate Investing Right Now

Luck is a misleading term. In our experience, “getting lucky” only happens when preparation and opportunity intersect with decisive action. 

The crazy dynamics of the past several months have actually made the best opportunity in real estate even better. 

Today we’re talking about what’s happening in the world of real estate investing … and how to prepare so that you can make bold moves and seize the opportunity. 

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

  • Your best in real estate host, Robert Helms
  • His second best co-host, Russell Gray
  • Attorney and regular contributor to The Real Estate Guys, Mauricio Rauld

Listen

 

 


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Get ready for big opportunities

Real estate investors are always trying to determine which direction the market is going to take and what product type is going to be the best. 

Today, we’re going to share what we believe to be the single best opportunity in real estate right now … and we’ve got an amazing guest to share his thoughts. 

Whether or not you agree with us, try hanging around for the premise. You just might learn a thing or two. 

COVID-19 has uprooted a lot of real estate. Resort real estate is reeling. Airbnb is having a tough time. A lot of retail and office spaces are struggling. Even the bread and butter options of single-family homes and multifamily housing have been hit hard. 

Meanwhile, there are some bright spots. Nobody wants to celebrate bad things happening, but the fact is that they’re happening. 

Big picture … a lot of distressed assets are coming online. When all is said and done, it’s going to take money to clean up this mess … and the Fed is printing trillions of dollars to do it. 

As an investor, you should be asking, “How can I put myself in the flow of money? How can I be in a position where all those trillions of dollars come by me?”

You could jump into Wall Street and compete with the sharks. You could apply for loans if you’ve got some good outlets. 

But if you’re out there in the real estate space and you can bring deals to money … you can be in the flow of funds and get some condensation on the pipe. 

And the best way to do that is … and we’ve been saying this for years … syndication. 

Syndication is the single best opportunity in real estate … and today there is even more opportunity. 

Right now, the marketplace is full of talent. People have been laid off left and right … and they are free to join your team. 

You can get tech experts, financial experts, salespeople, and project managers. You put together the team. You raise the money. And then you syndicate a big project.

The mission is to be an aggregator not just of capital but also of talented people. 

The secret is syndication

Our show today is tailored toward the person who sees the potential opportunity of leading a syndication and raising the money. 

Our guest is attorney Mauricio Rauld. He’s here to help you know the pitfalls you need to watch for and the lines you need to respect as you lead a syndication. 

A lot of times lawyers get the reputation of being deal killers … but Mauricio tries to make the deal happen. He watches out for folks and tells them about landmines. 

“All of my clients are syndicators out there aggregating capital. What I’ve noticed here is that this pandemic has created a lot of opportunity. My clients want to be ready to seize that opportunity,” Mauricio says. 

Many of Mauricio’s clients are putting together opportunity funds over the next few months so they have readily available cash when it’s time to pull the trigger. 

If you have a cash deal … you can close in a week. 

But, you have to be sure your syndication is legitimate. 

Investors may wonder why the SEC is involved in your business when you’re trying to buy a piece of property. 

The SEC is involved because the definition of a security is really broad. 

Most people think of securities as stocks, bonds, and mutual funds … but anytime you take money from an investor, you have a security. 

That’s why syndicators have to make sure they are compliant with all federal and state securities laws … and that’s a big legal arena. 

“You don’t have to be paranoid about it. You just have to learn it,” Mauricio says. 

The good news is that you don’t need to become an attorney to navigate these waters. You just have to hire a great attorney. 

And, you want to have an overall contextual understanding of what you’re talking about so you can have an intelligent conversation with your attorney.  

From a mindset perspective, you need to understand that it’s no longer just you and your money. Now, somebody else’s money is at risk … so you should be that much more careful. 

The basics of securities and syndication

The world of securities laws has three basic approaches … registering your syndication with the SEC, finding an exemption, or it’s illegal. 

The registration process takes a very long time. It takes a couple of years to go through the SEC system and costs six or seven figures to do so.

That’s why most real estate investors who are working under a deadline decide to find an exemption instead. 

Luckily for real estate investors, Mauricio says that there are a couple of very popular exemptions that allow people to raise capital privately with friends, family, and people they have relationships with. 

Taking this route just means there are a lot of disclosures that the investors have to provide. That’s where your attorney comes in. 

“What we need is more high integrity, honest operators in the business, so we want to persuade people to do this right,” Mauricio says. 

Get your attorney involved early on in the deal so you can follow all the guidelines given for the exemption you are pursuing. 

For example, many syndicators want to know if they can advertise or post their deal on social media. The answer … it depends. 

Sometimes you can, but sometimes you may be relying on an exemption that specifically prohibits that practice. A good securities lawyer can guide you each step of the way. 

For more syndication tips and essentials from Mauricio … listen to the full episode!


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Six valuable lessons from Warren Buffett’s shocking move …

Mega-billionaire investor Warren Buffett made big news recently when he made a move into gold mining shares … while dumping big banks and Goldman Sachs.

This surprise move is notable for several reasons and there are important lessons and actionable insights for Main Street real estate investors.

While we could dive into how this move is being construed by some as a vote of no confidence in the U.S. dollar in favor of gold …

… we’ll focus today’s muse on 6 key lessons from watching Warren work.

 

Lesson #1: Always pay attention

It’s indisputable that Buffett is a brilliant big-time billionaire investor. So anything he says or does is worth dissecting.

Buffett is a voracious reader … and we’re pretty sure it’s not People Magazine or GQ.

He’s diligent to read to acquire information, knowledge, news, and views related to money, markets, economics and the politics affecting all of them.

No doubt he’s looking for clues to help see the financial future before it’s here. As every investor should be, he’s trying to get in front of a wave to wealth.

He knows just ONE great idea can be worth a FORTUNE … literally.

 

Lesson #2: Keep an open mind

One of Buffett’s more notable investment philosophies has been his criticism of gold. He’s on record saying he has zero interest in owning it.

But apparently, Buffett appreciates the obvious trend in gold … and presumably believes the drivers underneath gold’s rise are sustainable.

Of course, we think this is something EVERY investor should be watching … even if they never own a single ounce.

As we’ve discussed MANY times, gold’s pricing reveals a lot about the future of the dollars we all earn, save, borrow, invest and measure wealth by.

Of course, everyone wakes up to what’s “apparent” at different times.

Often, the farther your prejudices and paradigms are from current realities … the longer it takes to see change. We’re all guilty of it.

As we pointed out last year, fellow mega-billionaire and big-time real estate guy Sam Zell lost his gold virginity last year.

We have no idea if Buffett’s disdain for gold stopped him from seeing it sooner … or if Zell’s “real asset” mentality helped him see it sooner …

… but based on the price action since Zell got in, it seems Zell’s timing has been better.

In any case, it’s important to remember … the world sometimes changes in ways that require shifts in both paradigms and investment philosophy.

Dogmas are fine if you’re lonely and need companionship. But investing often requires a healthy dose of pragmatism.

Sometimes, as the world changes … so should you. At the very least, it’s wise to keep an open mind.

 

Lesson #3: Adapting to opportunity doesn’t mean abandoning your principles

Buffett is a patient, principled, disciplined investor.

He looks for undervalued, profit-producing, well-managed enterprises. He doesn’t speculate on price.

Like a smart real estate investor, Buffett focuses on cash flow … knowing cash flow creates real equity.

And he’s quite willing to sit out hot-money-induced rallies.

In other words, Buffett doesn’t chase the market. Nor does he jump on bandwagons simply because everyone else is.

Of course, this is precisely why his move into mining shares and away from banks is so encouraging to gold-bugs … and concerning to dollar hawks.

After all, if Buffett is getting into metals and out of dollars, then there must be solid fundamentals supporting the rally in gold … and the reciprocal fall of the greenback.

But it’s notable that Buffett didn’t buy gold itself. Rather, he bought shares in a well-established gold mining company.

By choosing a miner over the metal, Buffett is investing in a profit-producing enterprise … one he presumably considers undervalued but well-positioned for the market dynamics he anticipates.

So Buffett is adapting to market dynamics, but still running his game.

Smart. Principled. Disciplined.

 

Lesson #4: When Mega-Billionaires talk (and act), you should listen

Billionaires aren’t always right … and you may not agree with them. But they’re certainly qualified to have an opinion worth considering.

Warren Buffet, Sam Zell and Ray Dalio are three legendary mega-billionaire investors … and their words and actions are signaling SERIOUS concerns about the dollar.

Of course, our mere mega-millionaire friends like Peter Schiff and Robert Kiyosaki are singing out of the same songbook.

We’re not sure how many people screaming fire it will take to trigger a stampede to the exits … but the alarms are getting louder and more intense.

(Sniff, sniff …) Do you smell something burning???

 

Lesson #5: Better to be fashionably late, than completely miss the party

Buffett didn’t fail to make his move just because he’s a little late to the party.

While we certainly understand the concern and wisdom of thinking twice before jumping on a bandwagon at record price levels … mega-trends move slowly.

And once you see one … even if you’re late … it doesn’t matter what happened before. The past is cast.

What REALLY matters is whether whatever caused the move still exists and is likely to create more of the same going forward.

Even at record high dollar gold prices, Buffett apparently sees a solid, shiny future.

Of course, we’re not trying to persuade you to purchase precious metals. That’s your personal prerogative.

Our point here is that arguably the most famous and respected investor of our time is making moves that teach timeless principles that apply to investors of all types … including real estate.

And they also happen to affirm the significance of concerns about the intense pressure on the dollar 

… which of course, impacts everyone, including real estate investors.

 

Lesson #6: Assets which don’t produce income aren’t really investments

Lack of yield has been Warren Buffett’s core objection to gold.

So it’s not a surprise Buffett is choosing to invest in mining companies over buying the gold itself.

Robert Kiyosaki has been making the cash flow argument for decades.

Kiyosaki says the definition of an asset is something that puts cash in your pocket. In other words … a true asset is one that cash flows.

Notably, Kiyosaki also has been saying … and LONG before Ray Dalio recently did … that cash is trash.

Yet, unlike Buffet, Kiyosaki is a BIG proponent of holding gold. Not as an investment (no cash flow) … but as money (savings).

Clearly, Kiyosaki makes a distinction between currency (cash) and money (gold).

And no less than the legendary J.P. Morgan (the man the institution is named for) told Congress in sworn testimony …

“Money is gold and nothing else.”

(You can read it yourself on page 5 of this transcript)

So money, cash, and investments are THREE different things as far as Kiyosaki is concerned. Makes sense to us.

But back to Buffett …

We’re guessing Warren Buffett views gold as simply a widget people like to buy … like furniture or houses … without any expectation of income.

Buffett also owns an $800 million stake in Fruit of the Loom. We doubt he considers underwear an investment.

So just as real estate investors like Kiyosaki buy properties for cash flow, Buffett buys businesses that cash flow … BUT …

… to be bullish on a business, you must believe their product will have durable and growing demand … along with a sustainable competitive edge.

So while Buffett may not like gold as an investment, he apparently likes it as a product. And who can blame him? The demand is big and strong.

A growing number of people and institutions …including central banks … consider gold an alternative to currency and bonds as a liquid reserve.

That could be Lesson #7.

But whether YOU think gold has any role to play in your personal portfolio, Buffett’s surprising move contains a LOT of lessons and insights all investors can learn from.

5 Things Every Syndicator Must Know To Stay Out of Jail

5 Things Every Syndicator Must Know To Stay Out of Jail 

 

The violation of securities laws is a serious matter, and carries with it significant consequences.

This report outlines possible gray areas and how you can navigate challenges to ensure that you are on the right side of the law. 

The information provided here will allow every syndicator, from beginner to seasoned, to know exactly what the most common issues are, from an SEC and also State regulatory compliance perspective.

This Special Report covers:

✓ Why Creatively Structuring Your Real Estate Syndication To Avoid Securities Laws Won’t Work

✓ A Zero Tolerance Policy the SEC has Towards Advertising Your Syndication When Prohibited (yes, this includes Social Media)

✓ Why You Cannot Pay Unlicensed People to Raise Money For You

✓ What Constitutes a “Pre-Existing Substantive Relationship” 

✓ And more!

Discover 5 Things for staying on the right side of the law!

Simply fill out the form below to access 5 Things Every Syndicator Must Know To Stay Out of Jail …

 


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