Investor Protection & Security

What protections are in place to safeguard investor capital?

We use a structured, practical approach designed to prioritize capital protection:

  • Sellers must have significant equity (max 75-80% combined LTV)
  • Property transferred into new corporation/LLC with legal control granted to our partners
  • Joint Venture Memorandum recorded on title
  • Notarized invoice acknowledging debt executed and submitted to title
  • Investor capital resolves all existing liens, taxes, and foreclosure threats
  • Stock pledge agreement may assign 100% entity control in case of default

Is a lien recorded to secure investor interest?

Yes. A Memorandum of Joint Venture is recorded on title as public notice of the investor's claim. While not a traditional lien, it provides enforceable rights to repayment and legal standing in the transaction.

What is the investor's liability if a deal is contested or fails?

Investor liability is limited to their contribution through the JV entity. Legal and operational control of the property is held by our team. Investments are structured with protective covenants and a maximum 65% LTV to safeguard capital.

What protections are in place if the seller refuses to cooperate?

The seller relinquishes control by transferring the property into a controlled entity and assigning signing authority to our partners. Investors are protected via:

  • JV agreement and recorded memorandum
  • Legal control of the entity holding title
  • Ability to refinance or liquidate property without seller involvement

Investment Terms & Structure

What are the key investment terms and structure?

Our JV model focuses on capital protection with conservative loan-to-value ratios and multiple layers of legal protection. Investment terms vary by deal and are outlined in the specific Joint Venture agreement.

Key structural elements include:

  • Maximum 75-80% combined LTV for capital protection
  • Recorded memorandums providing legal security
  • Entity control and signing authority
  • Typical investment periods of 60-90 days

Note: All investment opportunities carry risk. Terms vary by transaction.

What happens if a deal is delayed or defaults?

JV agreements include comprehensive default provisions and protective measures. We maintain active communication and offer alternative solutions including potential buyouts when necessary.

What recourse do investors have if they want to exit early?

Investors commit until deal closes (typically 60-90 days). If early exit is needed, we can attempt to replace with another investor. While not guaranteed, we work to accommodate such requests when possible.

Do investors remain in the deal after DSCR refinancing?

No. Capital is returned after each short-term transaction unless otherwise agreed. This is not a long-term hold strategy.

Legal & Compliance

What type of deed is signed by the seller?

Depending on the transaction, either a Quit Claim Deed or Warranty Deed may be used.

Is there title insurance?

While title insurance is not typically placed on the deed to the investor, we obtain a preliminary title report to confirm clean title before proceeding.

Does the high interest violate usury laws?

The owner transfers rights into a corporation (51% us, 49% them). The corporation enters into JV agreement with investor. The president pledges property as collateral. Owner as co-owner acknowledges JV terms mutually agreed upon.

These are short-term investments with no prepayment penalty. The average hard money loan is 12% with good credit - we provide sellers under 9% rates with foreclosure on their file.

Is this structure compliant with consumer protection laws?

We structure deals as commercial transactions with legal review to ensure consumer protections and usury laws do not apply. We avoid states with unfavorable laws.

How is the DSCR refinance legal if homeowner plans to live in home?

Property is purchased by entity, then leased and resold with repurchase agreement. DSCR loans are applied for by the corporate entity, not the original homeowner. This is a legal commercial structure.

Homeowner Assistance

How does this help homeowners in foreclosure?

We help them access equity they cannot access themselves due to bad credit. Benefits include:

  • 12 months of payments set aside from equity
  • Time to rebuild credit and refinance into FHA loan
  • Pay off high-interest debt
  • Build up financial reserves
  • Time to prepare emotionally and financially if unable to stay
  • Arrange storage rather than losing belongings to foreclosure

~10% refinance at 12 months, ~40% at 24 months. Others work with us longer or sell (keeping equity and appreciation).

Will property be sold back at same price?

Buy-back price equals outstanding loan plus flat 1% fee. Example: $300,000 loan paid back at $303,000.

How can homeowners afford payments after defaulting?

We reserve 12 months of payments from their equity at closing. This gives homeowners time to rebuild credit and refinance into lower rates while avoiding payment shock.

Why wouldn't homeowners do this themselves?

Most clients come from a loan mod company we've partnered with for 5 years. These homeowners have poor credit, NOD filings, and cannot access traditional or hard money loans on their own.

Tax & Accounting

What tax form will be provided?

For single-entity JVs, a K-1 will typically be issued reflecting your share of profit. In some cases, a 1099 may apply depending on structure.

Who manages accounting and tax reporting?

Joshua Dismond's tax firm manages investor accounting. Tax reporting is handled via 1099-INT or K-1 depending on structure.

What tax strategies can help offset capital gains?

Tax strategies are highly individualized. We recommend consulting your CPA. Our team can introduce common tools like depreciation, opportunity zones, or retirement accounts, but personalized advice is essential.

Process & Operations

How long has this been done and how many transactions?

Ty Kirkpatrick has executed 150-200 similar deals over 20 years. Josh Dismond has partnered on 7 deals in the past year. Deal records are available for review.

Is it difficult to find homeowners with enough equity?

No. We have a strong lead source producing 4-5 qualified deals per week. We currently have around 40 active deals and growing (as of 6/22/25).

Are there duplicate closing costs?

No. Transactions are structured to close once, with simultaneous buyer/seller documentation.

What happens with DSCR prepayment penalties?

We use lenders with step-down penalties and disclose these terms in the repurchase agreement. The seller agrees to pay these costs if repaying early.

How are title companies vetted?

We primarily use title companies with whom we have a trusted history. For new relationships, we perform due diligence on ownership, legal standing, and escrow practices.

Are there formal agreements for investors?

Yes. Written JV agreements are provided outlining terms, roles, and transaction structure. All documentation is professionally prepared and legally reviewed.

Getting Started

What are the next steps to invest?

Process is simple:

  1. Schedule consultation to discuss opportunities
  2. Provide your name, investment amount (minimum $25K, flexible), and entity name/address (if applicable)
  3. We'll send DocuSign agreement and wire instructions
  4. Review and sign agreement
  5. Wire funds per instructions
  6. Capital deployed according to protective JV structure

Still Have Questions?

Schedule a consultation to discuss your specific situation.

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