5 Risks to Consider
When Buying Real Estate with Debt

Buying Real Estate with Debt

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Debt can be a powerful tool in real estate investment, enabling investors to leverage their capital and acquire properties that would otherwise be out of reach. However, whether through traditional mortgages, commercial loans, or more complex financial instruments, the use of debt in real estate can introduce significant dangers that must be carefully managed. From cash flow constraints and refinancing challenges to foreclosure risks and market volatility, understanding the potential pitfalls of debt is crucial for any investor. This article delves into five key risk factors associated with leveraging debt in real estate investments. While not exhaustive, it provides essential insights to help investors navigate this complex landscape and make informed decisions.

1. Cash Flow Sweeps

A cash flow sweep is a mechanism where all excess cash flow generated by the property is directed toward paying down the debt rather than being distributed to investors. While this may initially seem beneficial for reducing debt, it can severely limit the cash flow available to investors, impacting their income streams. In scenarios where the property underperforms or experiences a downturn in rental income, the cash flow sweep can exacerbate the financial strain on investors, reducing their expected returns and potentially leading to liquidity issues. Cash flow sweeps most often take place in the following circumstances:

  • If a property’s Net Operating Income (NOI) drops below a certain debt service coverage ratio (DSCR), the lender can sweep the revenue from the property. Even if the property is cashflow positive, a lender may collect all the revenue and put it in a “lock box” to cover their risk.
  • If a portfolio of properties is cash flow positive, but one or two properties stop paying rent, the lender may sweep the cash flow from the entire portfolio, a practice known as cross-collateralization.
  • If a tenant moves out or indicates they may not renew the lease, it could trigger a cash flow sweep. Even if the tenant moves out early but agrees to continue lease payments, it can still trigger a sweep.
  • Sometimes, property owners may agree to a cash flow sweep in their lending agreement to secure a lower interest rate. This tactic is often used in higher interest rate environments where a decline in rates is anticipated. However, DSTs are not allowed to refinance, so DST investors should be especially cautious in these situations.

2. Cross-Collateralization

Cross-collateralization is a practice where multiple properties are used as collateral for a single loan. This means that the financial performance and stability of one property is directly tied to the others in the portfolio. While this can sometimes provide better loan terms, it also increases risk. If one property underperforms or faces financial difficulties, it can jeopardize the entire portfolio. This interconnected risk can lead to a domino effect, where issues with one property trigger financial instability across all the properties, potentially leading to widespread losses for investors.

3. Balloon Loans

Balloon loans are another debt structure commonly found in DST investments. These loans require investors to make relatively small payments for a set period, with a large lump sum, or “balloon payment,” due at the end of the term. While this can provide short-term relief and lower initial payments, it creates significant risk if investors are unable to refinance or sell the property before the balloon payment is due. The inability to meet this large payment can result in default, leading to potential foreclosure and significant financial loss for investors. Since DSTs cannot refinance, this may force the sponsor to sell into a down market for a potential loss.

4. Hidden Loan Agreements

Loans often come with strict terms and limited flexibility. Landlords are often surprised that they do not have as much control as they originally thought. For example, lenders can often control who occupies the investor’s building. If a tenant leaves a property, the bank may decide who can re-occupy the building. Often, they will not allow a tenant to sign a new lease if that tenant is of lesser credit or unwilling to pay higher rent, even if that means the building remains vacant. This can make re-tenanting a property a long, difficult, and expensive challenge, often forcing the investor to fire-sell their property for a loss or face bank foreclosure.

5. Prepayment Penalties

Prepayment penalties are fees charged by lenders if a borrower pays off a loan before its maturity date. These penalties can be substantial and are designed to protect the lender’s anticipated interest income. In the context of a DST, prepayment penalties can limit the flexibility of the investment. If market conditions change or if there is an opportunity to refinance at a lower interest rate or sell for a great price, the high cost of prepayment penalties can make it prohibitively expensive to take advantage of these opportunities. This can lock investors into unfavorable loan terms and reduce their overall returns.

Conclusion

When considering the impact of the use of debt to purchase on a real estate investment, it’s vital to be aware of the inherent risks associated with debt structures. Cash flow sweeps can significantly limit investor income, balloon loans pose substantial repayment risks, and cross-collateralization can amplify financial instability across a portfolio. Additionally, hidden loan agreements often come with restrictive terms, and prepayment penalties can severely limit investment flexibility. Finally, investors should be aware of how their investment vehicle (such as a DST) changes the risk profile based on what that structure permits or restricts. By understanding these potential dangers, investors can make more informed decisions and better navigate the complexities of these real estate investments, ultimately safeguarding their financial interests and achieving their investment goals.

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Disclosure

1031 Exchange Risk

Internal Revenue Code Section 1031 (“Section 1031”) contains complex tax concepts and certain tax consequences may vary depending on the individual circumstances of each investor. RM Securities and its affiliates make no representation or warranty of any kind with respect to the tax consequences of your investment or that the IRS will not challenge any such treatment. You should consult with and rely on your own tax advisor about the tax aspects with respect to your particular circumstances.Please note that RealtyMogul does not provide tax advice.

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This article is for informational purposes only, and is not a recommendation or offer to buy or sell securities. Information herein may include forward looking statements and is for informational purposes only. Forward-looking statements, hypothetical information, or calculations, financial estimates and targeted returns are inherently uncertain. Past performance is never indicative of future performance. None of the opinions expressed are the opinions of RealtyMogul. Advice from a securities professional is strongly advised, and we recommend that you consult with a financial advisor, attorney, accountant, and any other professional that can help you to understand and assess the risks and tax consequences associated with any real estate investment. All real estate investments are speculative and involve substantial risk and there can be no assurance that any investor will not suffer significant losses. A loss of part or all of the principal value of a real estate investment may occur. All prospective investors should not invest unless such prospective investor can readily bear the consequences of such loss.

RealtyMogul and its affiliates are not registered as a crowdfunding portal. Unless stated otherwise in writing, RealtyMogul and its affiliates do not offer brokerage or investment advisory services to the Platform’s individual users. RM Adviser, LLC, a wholly owned subsidiary of RealtyMogul, is an SEC-registered investment adviser providing investment management services exclusively to certain REITs and single purpose funds. Past performance is not indicative of future results. Forward-looking statements, hypothetical information or calculations, financial estimates, projections and targeted returns are inherently uncertain. Such information should not be used as a primary basis for an investor’s decision to invest. Investments in real estate, including those offered by sponsors using the RealtyMogul platform, are speculative and involve substantial risk. You should not invest unless you can sustain the risk of loss of capital, including the risk of total loss of capital.

Stephen Haskell (BrokerCheck) is Vice President at RealtyMogul and brings a wealth of experience, having previously served as Senior Vice President at a leading investment firm, where he worked closely with 1031 exchange and direct investment clients. In his previous role, Steve headed Kay Property and Investment’s San Diego office, where he established himself as a leading expert in Delaware Statutory Trust (DST) and passive real estate investments. During that time, Steve directly participated in finding solutions for clients to invest hundreds of millions of dollars in real estate via private securities such as DSTs, TIC, LLC, REITs and QOZ Funds. Prior to his tenure in the securities industry, Steve served over 14 years as an officer in the United States Air Force including multiple deployments to Afghanistan and locations throughout Africa.
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