Self-Directed Solo 401k Real Estate Purchase Methods
There are a number of methods that a self-directed 401k also known as a Solo 401k can purchase/invest in real estate. The typical 4 (four) methods are as follows with each having its own set of rules:
- All Cash Purchase
- Use of Non-Recourse Loan (debt financing)
- Via a LLC
- Tenants in Common
Method 1: All Cash Purchase Solely Using Solo 401k Funds
Just using solo 401k funds to invest in real estate is the most common method. Under the all cash method, the solo 401k ends up owning the property free and clear. This all cash purchase method is further discussed CLICK HERE.
Method 2: Solo 401k Plan Real-Estate Investment Using a Non-Recourse Loan (Debt Financing)
If debt financing is incorporated when investing solo 401k funds in real estate, the non-recourse loan can be obtained from banks and hard money lenders, but not from the solo 401k owner’s relatives that fall under the disqualified persons umbrella, or from any business owned by the solo 401k owner or her family members. Here is a list of disqualified persons.
The Solo 401k also must have enough liquid funds to make the ongoing non-recourse loan payments. For this reason, lenders typically only allow for a limited amount of leveraging.
Solo 401k Non-Recourse Loan Items to Consider
- The solo 401k owner may not guarantee a loan to the Solo 401k, as the regulations do not permit it.
- The loan to the solo 401k must be a non-recourse. This means the solo 401k owner cannot be held personally liable for the repayment of the loan.
- The lender cannot take recourse against any other assets of the Solo 401k, only the property purchased with the borrowed funds. It is for this reason that most lenders will only process loans for certain property types, and a 65% to 70% maximum loan-to-value (LTV).
- Since the non-recourse loan is to the solo 401k plan, the solo 401k plan still takes title to the property. Here is an example of how title is taken: Chad Lane, Trustee of Rayders Rock Trust
Making the Non-Recourse Loan Payments
Because the non-recourse loan was made to the solo 401k plan, the loan must be paid by the solo 401k plan. Therefore, make sure to plan accordingly so that the solo 401k does not run into liquidity issues. Remember that solo 401k funds must also be used to cover ongoing property expenses such as the following:
- property taxes
- miscellaneous expenses such as HOA dues and repairs
To learn more about the solo 4o1k non-recourse loan rules, VISIT HERE.