Private Lenders and IRA’s
October 28, 2009 by Chris Yates
Filed under Real Estate Investing
Most people believe that an IRA can only be used to purchase investments like stocks and mutual funds. Not true! When IRA’s were first introduced, the only companies that offered them were large brokerage firms that sold only stocks and mutual funds. When you chose to open an IRA with them, they gave you a variety of investment options to choose from. What they didn’t tell you, however, was that all the options given to you were investments that they sold and would make commissions on. They left out all the other things that you are allowed to invest your retirement dollars in because they didn’t sell them and would not make any money on those investments.
Enter the Self-Directed IRA. The IRS has set forth guidelines on what you can and cannot invest in with your IRA. You would be shocked at the scope of options available to you. From gold bullion, to tax liens, to real estate investments and real estate notes, IRA’s are much more powerful than most people ever realized. Add to that the power of a Roth IRA which allows you to enjoy your earnings tax-free, and you’ve got a fast road to retirement.
Most of the private lenders you speak with will have funds in an IRA account, but many of them won’t be aware that they can invest those funds, via a self-directed IRA, in real estate Notes that are fully secured by a Deed of Trust or Mortgage, and insured. Imagine having a fixed, secured, insured, tax-free gain of 10% to 15% or more annually, then compounded over the next couple of decades! That’s a beautiful blend of safe, secure investments, with the high yields normally found only in more aggressive and risky investments.
Pros:
Most people’s IRA accounts have seen a large loss in recent times which has caused them to either watch their account statements nervously, or even move their funds to a money market account within their IRA yielding a mere 1% interest. The return and safety that you can offer these investors right now will knock the socks off any options they’ve seen lately, so recruiting new lenders for your business will much easier than you think.
Cons:
Most of your new private lenders will have IRA accounts, but not with a custodian that allows for self-directed investments. Your lender will need to roll their current IRA account (or 401k from a previous employer) into a new account with a custodian that offers a self-directed IRA. As the company losing the account will want to do anything they can to retain the business, the transfer process could take as little as a week, or as long as 1-2 months.
Strategy:
Once you’ve found a lender that has an IRA and wants to invest the funds with you, get them started with the account transfer process right away. Since the funds could take a while to become available in their account, you won’t be able to rely on their funds until the transfer is complete.
Talk to some self-directed IRA custodians yourself, review their websites, and learn about their paperwork and procedures in advance. Your ability to walk your lenders through the application and transfer process will add to their confidence in you and will show your professionalism and commitment to servicing their needs.
There are a dozen or more IRA custodians that offer self-directed options. Look for one that specializes in real estate notes to ensure that your transaction structures look familiar to the custodian company and your deals close smoothly.
Recommendations to begin with:
Equity Trust Company
http://www.trustetc.com/
Entrust
http://www.theentrustgroup.com/



Billy - Real Estate Investor on Mon, 2nd Nov 2009 10:16 AM
What’s up chris? Nice presentation in Colorado man, you killed it.
Question for you regarding getting deals under contract.
I’m having a 2 prong challenge.
1. after i get a client interested most 95% want to run the option contracts by there attorney- deal dies soon as they speak to their attorney
2. if a realtor is involved most that see the option contract immediately put up the wall of defense and say its not gonna fly..
what can we do to combat this and get these deals signed and in the pipline?
Mike Lautensack on Sun, 6th Dec 2009 10:43 PM
I would just recommend that you need to be careful as if you do something wrong and the IRS disallows the investment you might find yourself in real trouble and it is not easy to unwind a mistake
Mike
Chris Yates on Thu, 4th Feb 2010 4:17 AM
Billy,
Most brokers will never like an option contract because it means they aren’t getting their commission until much later, if ever. You could entice them to play ball by offering to pay all or part of their commission up front, along with the option fee to the seller. If an attorney objects, ask them to propose new terms. Most attorneys won’t like the contract you show them if it’s written heavily in their favor.
Why are you using an option contract to acquire property? It’s a good strategy in some markets, but there are many ways to acquire property. Not every strategy is easy to use in every market. If sellers need to cash out, don’t trust that you will make their payments, etc., then you need to have a backup plan. Maybe a sub-to with a down payment, which comes from a private lender? Lots of possible options here.