getting money up front
From: vandeist (vandeistmsn.com)
Date: Wed, 10 Feb 2010 17:14:28 -0800 (PST)



 
If they would have lost money, they would have been liable.  Even if they did 
not get the return they expected, or were unhappy living in their house because 
their condition or circumstance changed.  There are people in prison right now 
for doing just what is described below.
 
The difference is whether or not they are (preferably) accredited investors who 
have a history of accepting risk.  I would not do it without securitizing it 
unless every member had done something previously with me in the same vein.
 
 
> From: "Thomas Lofft" <tlofft [at] hotmail.com>
> Sent: Tuesday, February 09, 2010 11:51 PM
> To: "Cohousing Network-L" <cohousing-l [at] cohousing.org>
> Subject: [C-L]_ getting money up front
> 
> >
> >
> > Subject: Re: [C-L]_ getting money up front
> >
> >
> > Not to denigrate your very prudent caution, of which I am fortunately 
> > blessed with relatively little, but it sounds to me like you've been hyped 
> > into a frenzied state of fear by a scary lawyer seeking a fast road to 
> > personal riches by drafting your security filings, which will undoubtedly 
> > very expensive.
> >
> >
> >
> > We started Liberty Village with an offer by five burning souls to buy a 
> > piece of land. When the offer was accepted, we pooled $5,000 each to 
> > create the earnest money deposit and also created a Limited Liability 
> > Partnership (LLP) to become our entity. Before our organization to find 
> > land and develop cohousing, we had never met each other.
> >
> >
> >
> > Two years later, after we had obtained approval of our first round of 
> > re-zoning, we had expanded the LLP to about ten members and financed the 
> > acquisition of our acreage with a house on it with a one year Adjustable 
> > Rate Mortgage (ARM) for 75% loan to value and raised the rest of the down 
> > payment from personal investments in the partnership. Another year later, 
> > we had expanded the LLP to 23 members with equal non-refundable equity 
> > investments and additional cash investments while we completed the PUD 
> > zoning and site engineering. When we had the development approvals, we 
> > sold off the improved portion of the site (15% of the land) for 3/4 of our 
> > acquisition cost, paid off the ARM, and placed a $1M land development loan 
> > to finance the infrastructure.
> >
> >
> >
> > Thereafter, each homebuyer placed their own combination 
> > construction-permanent financing to pay for their lot and home 
> > construction rolled into a permanent mortgage at completion. The lot 
> > payments to the LLP paid off the lot release from the development loan. No 
> > guts, no glory. Today we have 18 happy households living in Liberty 
> > Village with infrastructure in the ground and zoning approval for 20 more 
> > lots.
> >
> >
> >
> > Tom Lofft
> >
> > Co-founder, co-developer, Liberty Village, MD
> >
> >
> >
> >
> > By pulling your money, have you violated any Security & Exchange 
> > Commission
> > (SEC) regulations? If people without a history together pool their funds,
> > the SEC interprets that as a security. Did your group members have an
> > extensive personal/business history with one another? Are you an LLC or
> > incorporated? Did you create a security? Please tell. We have avoided
> > pulling our funds, because we're new to one another as a group and didn't
> > want to run afoul of the SEC. Now we're considering creating a security.
> > Van Deist Venice, FL
> >
> >
> >
> > Thanks for writing.
> >
> > Tom
> >
> >
> >
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> >
> >
> > 

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