Our ‘Ask Me Anything’ Q & A webinar in August 2022 was a big hit and we kept it unlisted for a while. Since some of the questions had that red-hot quality to them - aka, every syndicator had asked themselves that question and more than once… Questions like… ‘How do I handle timing differences for different investors in a given fund when calculating returns?’ Or… ‘Can I get my friends to invest in Reg D if I am advertising?’ ... I decided to finally open it up to all. If you are ready to sche...
Feb 02, 2023•47 min•Ep. 14
In the great movie Moneyball, Billy, played by Brad Pitt, says he wants to bring back an aging ballplayer by the name of David Justice. Everybody thinks it is a terrible idea to bring him back. He can’t hit home runs anymore. They ask Billy why he wants Justice back. Billy points to Pete, played by Jonah Hill. And Pete says, “because he gets on base.” Visit the web version here: https://www.moschettilaw.com/launching-real-estate-syndications-getting-it-done/ Welcome to Launching Real Estate Synd...
Nov 01, 2022•8 min
You’ve done it! You’ve re-entered, you’re back on Earth. You’ve completed this and it’s all done! We started on the launch pad, putting our structure in place, getting our founder investment theory done, and learning about underwriting. Visit the web version here: https://www.moschettilaw.com/launching-real-estate-syndications-conclusion-putting-it-together/ Welcome to Launching Real Estate Syndications - a 23 part series on getting started in syndicating real estate using Regulation D Rules 506...
Oct 31, 2022•3 min
Now, you’re outside of the capsule after re-entering. Your investors have gotten money. All is good with the world. Is it time to party? Sure, it’s time to celebrate… but you’ve got to get to the party first! And to do that, you need to go through a closing, just to make sure that every single thing is wrapped up neatly, so that when you go into your next syndication, you don’t need to worry about anything from the previous one. Visit the web version here: https://www.moschettilaw.com/launching-...
Oct 30, 2022•5 min
You’ve basically re-entered the atmosphere and you’re on the surface of the earth. Now you just need to emerge from the capsule. And that means making those final distributions to your investors. There are several processes to do this... Visit the web version here: https://www.moschettilaw.com/launching-real-estate-syndications-final-distributions-to-your-investors/ Welcome to Launching Real Estate Syndications - a 23 part series on getting started in syndicating real estate using Regulation D R...
Oct 29, 2022•5 min
So you think it’s time to sell? Well, if you structured your syndication the way that I normally do, you’ll want to give investors the right to decide whether or not it’s time to sell the property. That way, they feel like they are a part of the action. A lot of syndicators don’t do this, and it’s a mistake. Bring that decision-making process to the investor at exactly the right time, when they’re going to be thinking about what they are going to do with the money that you’re about to give them ...
Oct 28, 2022•11 min
The market has spoken, “It is time to sell.” Many times the decision to sell is up to your investors and you, so you’ll find out how to get the decision made right. Then after it is sold, there are loose ends to tie up and investors to return capital to. They probably can’t wait to put it into your next deal! Visit the web version here: https://www.moschettilaw.com/launching-real-estate-syndications-when-is-it-time-to-sell-the-property/ Welcome to Launching Real Estate Syndications - a 23 part s...
Oct 27, 2022•11 min
One of the things I like best about being a syndicator is when it comes time to make distributions, especially the final distribution. I like sending money to people, because I know they’re happy to get it and I just did a good job for them. But exactly how do we make distributions? Visit the web version here: https://www.moschettilaw.com/launching-real-estate-syndications-distributions-of-returns-to-your-investors/ Welcome to Launching Real Estate Syndications - a 23 part series on getting star...
Oct 26, 2022•7 min
Ensuring good property management is critical to syndicating. Your investors are counting on the property being managed in such a way that their asset doesn’t start deteriorating. Under the guise of property management, we have four different kinds of analyses that we need to know as syndicators and asset managers in order to make sure that property management is working as effectively as possible. If you’re doing the property management itself, this is a nice overlay of the kinds of things that...
Oct 25, 2022•12 min
Asset management is a funny thing. What does an asset manager do? It’s obvious what a property manager does, right? They manage the property. So what’s different about managing an asset? Let’s talk about what it takes to be a good asset manager. Visit the web version here: https://www.moschettilaw.com/launching-real-estate-syndications-asset-management/ Welcome to Launching Real Estate Syndications - a 23 part series on getting started in syndicating real estate using Regulation D Rules 506b and...
Oct 24, 2022•24 min
“Escrow closed! We own the property!… So, are we done?” Nope. There are things to do besides cashing those monthly fee checks. Your investors expect distributions and to know what is going on. Plus, you need to know what is going on to make sure you can do the next deal. Visit the web version here: https://www.moschettilaw.com/launching-real-estate-syndications-investor-communications/ Welcome to Launching Real Estate Syndications - a 23 part series on getting started in syndicating real estate ...
Oct 23, 2022•10 min
Liftoff is almost complete, and you’re almost in orbit! Just a few things left to do. You’re collecting money from your investors right now, and now it’s time to finish it up, making the process complete. Just what are those last minute things that you need to do in order to be in orbit comfortably? Visit the web version here: https://www.moschettilaw.com/launching-real-estate-syndications-finishing-the-acquisition/ Welcome to Launching Real Estate Syndications - a 23 part series on getting star...
Oct 22, 2022•10 min
Now you have your syndication put together. You’ve got your PPM, your operating agreement, and the subscription escrows underway. You’ve marketed the investment and had those conversations. You’ve pitched it, and you have some interest. So what next? How do you get the money from the investor who’s interested into the bank account so that it can be ready to close? Visit the web version here: https://www.moschettilaw.com/launching-real-estate-syndications-getting-investor-to-commit-to-your-syndic...
Oct 21, 2022•10 min
Congratulations, you’ve gotten all your forms together! Now let’s talk about marketing the investment opportunity that you have. How do you put it out there? You’re going to do a lot more marketing in the context of a 506c, then a 506b. This isn’t to say you don’t market in a 506b. But marketing for a 506b, really just means the pitch between you and the contacts that you already have – those pre-existing relationships. Remember, we cannot market out to the external world in a 506b. So in this s...
Oct 20, 2022•21 min
We syndicators operate underneath the regulatory framework from the SEC and state laws. But we also operate under another framework too. Fortunately, this one is our own design: the operating agreement. Visit the web version here: https://www.moschettilaw.com/launching-real-estate-syndications-operating-and-subscription-agreements-for-syndications/ Welcome to Launching Real Estate Syndications - a 23 part series on getting started in syndicating real estate using Regulation D Rules 506b and 506c...
Oct 19, 2022•16 min
The private placement memorandum, also called the PPM, may be one of the most daunting hurdles for syndicators. They tend to be really long, dense, confusing, and repetitive. But it actually doesn’t need to be that way. Let’s take all the mystery out of it. There are three ways that syndicators do their PPMs... Visit the web version here: https://www.moschettilaw.com/launching-real-estate-syndications-private-placement-memorandum/ Welcome to Launching Real Estate Syndications - a 23 part series ...
Oct 18, 2022•20 min
You found the deal and it is in escrow… “Now what???” Now you need to put the investment itself together and get investors committed. You also need to do it the right way to avoid trouble with your investors and the SEC down the road… Visit the web version here: https://www.moschettilaw.com/launching-real-estate-syndications-making-sense-of-the-sec-alphabet-soup/ Welcome to Launching Real Estate Syndications - a 23 part series on getting started in syndicating real estate using Regulation D Rule...
Oct 17, 2022•21 min
The product for syndicators is the property. Pricing and engineering that product is the financial analysis. The best syndicators make their choices objectively and based on the data and facts. They tune their projections to maximize both the return for their investors and the return for themselves. And they have meaningful conversations about money – they’re not afraid to go into the details about the way that engine works. Visit the web version here: https://www.moschettilaw.com/launching-real...
Oct 16, 2022•38 min
Let’s face it: we syndicate not just because it’s fun, but because we want to make money… and not just money for our investors, but money for ourselves. The work that you put in as a syndicator should be paid. But any complexity that comes in on fees or promote will start to scare away investors. We’re going to go through the different ways that you get paid, whether that’s through fees, or broker fees, or the promote. Setting this up, right and understanding this when you start putting a deal t...
Oct 15, 2022•24 min
It probably goes without saying, but finding properties is pretty critical for a syndicator. Without a property, there’s nothing for us to talk to investors about or sell them. Properties are the raw materials that syndicators work with. So how do we find deals? Here’s a four step system so you’re not left to the winds of chance. Visit the web version here: https://www.moschettilaw.com/launching-real-estate-syndications-finding-properties-to-syndicate/ Welcome to Launching Real Estate Syndicatio...
Oct 14, 2022•17 min
The good news is that finding investors doesn’t need to be that challenging. In fact, you are doing many of the things to find investors already. All you need is to systematize those and then follow the process, which is actually quite simple. There’s only a few things that you need to do. And you probably know what those things are already, and are doing a lot of them. Visit the web version here: https://www.moschettilaw.com/launching-real-estate-syndications-finding-investors-for-your-real-est...
Oct 13, 2022•21 min
There are two different kinds of decisions that we need to make in order to protect yourself from the very beginning from deals going sideways, or making a mistake by choosing the wrong kinds of investors... Visit the web version here: https://www.moschettilaw.com/launching-real-estate-syndications-structuring-syndication-entities-to-protect-yourself/ Welcome to Launching Real Estate Syndications - a 23 part series on getting started in syndicating real estate using Regulation D Rules 506b and 5...
Oct 12, 2022•25 min
What does it take to be a syndicator who has no trouble raising money? Someone who can raise $2 million, $20 million in a matter of days rather than months? Well, the answer is simple. And it actually boils down to just three questions. Visit the web version here: https://www.moschettilaw.com/launching-real-estate-syndications-founders-investment-theory/ Welcome to Launching Real Estate Syndications - a 23 part series on getting started in syndicating real estate using Regulation D Rules 506b an...
Oct 11, 2022•23 min
Welcome to Launching Real Estate Syndications - a 23 part series on getting started in syndicating real estate using Regulation D Rules 506b and 506c. This video is brought to you by Moschetti Syndication Law Group (https://www.moschettilaw.com), a syndication law firm. This first podcast in our series, welcomes you to the whole system of real estate syndication. Visit the web version here: https://www.moschettilaw.com/launching-real-estate-syndications-welcome-to-launching-real-estate-syndicati...
Oct 10, 2022•12 min
Tilden Moschetti, an attorney specializing in Reg D Rule 506b and 506c offerings, addresses the question of how syndicators can inform friends, family, and contacts about an investment opportunity without violating SEC rules. Regulation D Rule 506b, prohibits the advertisement of the offering as a general solicitation or general advertisement. Thus, while friends and family can be informed, it should be made clear that the general public is not allowed to invest. One strategy that Moschetti sugg...
Sep 16, 2022•4 min•Ep. 13
Tilden Moschetti, an attorney for the Moschetti Syndication Law Group, discusses the question of whether a syndicator can do both a Rule 506b offering (to include non-accredited investors) and a Rule 506c offering (for advertising purposes) at the same time. The answer is complex and depends on the specifics of the strategies used. In general, Rule 506b allows up to 35 non-accredited investors in your syndication over a 90-day period but prohibits general solicitation. In contrast, Rule 506c per...
Sep 15, 2022•7 min•Ep. 12
Tilden Moschetti, of the Moschetti Syndication Law Group, addresses two questions related to 1031 Exchanges and syndication. *Can investors doing a 1031 exchange be incorporated into a syndication?* Yes, this is possible but complex. Investors could enter the syndication as a tenant in common as part of their 1031 exchange. However, each tenant in common can vote on property decisions and may not wish to sell when the syndication intends to exit, potentially posing a challenge. Additionally, thi...
Sep 14, 2022•8 min•Ep. 11
Tilden Moschetti, a syndication attorney with the Moschetti Law Group, specializes in creating private placement memorandums under Regulation D Rule 506b and Rule 506c for syndicators and businesses trying to raise capital. In this summary, he addresses the common question of limitations on resale within these documents. A private placement memorandum outlines a private offering that is exempted from SEC registration. One stipulation is the implementation of limitations on resale to prevent a se...
Jan 31, 2022•14 min•Ep. 10
Tilden Moschetti, a syndication attorney with Moschetti Law Group, specializes in Regulation D filings (506b and 506c). His work primarily involves producing private placement memorandums, operating agreements, subscription agreements, and investor questionnaires. He ensures that syndicators are raising capital in a legal and compliant manner. In this communication, he dives deep into Rule 506b, a crucial part of Regulation D. Moschetti explains the concept of exemptions and how securities must ...
Jan 27, 2022•18 min•Ep. 9
Tilden Moschetti, founder of Moschetti Law Group, discusses the issue of compensating others for marketing syndications. He advises against paying finder fees due to the potentially severe consequences and the inherent risks involved. The only permissible payments, according to Moschetti, are to licensed broker-dealers who are legally able to raise funds for your syndication. He suggests that an alternate and legal approach could involve employing individuals on an hourly basis to help identify ...
Jan 25, 2022•6 min•Ep. 8
