• Interest Rates & Real Estate Syndications / Real Estate Funds: Capital Stacks, Swaps, & Valuations
    Jun 3 2024

    Understanding the effects of high interest rates on real estate syndications or funds is crucial for any aspiring sponsor. High borrowing environment typically poses a challenge to cash flow and property appreciation, compressing the Internal Rate of Return (IRR) when the property is under debt. Simultaneously, high interest rates present attractive returns for investors in safer avenues, making it tough for riskier real estate deals to compete. The capital structure in such deals usually comprises a debt component from lenders and an equity piece from shareholders. While lenders hold more power and control, shareholders bear a higher risk. However, they are rewarded with higher returns.

    In scenarios where interest rates are variable and tied to indices like LIBOR, you can mitigate risk through interest rate swaps. By swapping variable rates for fixed rates, you can ensure your payments don't increase dramatically if interest rates rise. Conversely, if you have a fixed rate loan, you can switch it to variable rates if you anticipate a drop in rates.

    Another crucial aspect is the impact of interest rates on property valuation. As cap rates generally rise following an increase in interest rates, property values may decrease. However, foreseeing a drop in interest rates can present arbitrage opportunities, enabling you to buy at higher cap rates and sell at lower ones, thus maximizing returns for your investors.

    Read more about real estate syndication - What Is Real Estate Syndication?: https://www.moschettilaw.com/what-is-real-estate-syndication/

    Read more about real estate syndication - How To Syndicate Real Estate: https://www.moschettilaw.com/how-to-syndicate-real-estate/

    Moschetti Syndication Law Group is a boutique syndication law firm, serving small and growth-bound syndicators, as well as private equity firms. Our attorney, Tilden Moschetti, is determined to keep the firm’s ‘boutique’ size so we can tailor the services to each client’s unique needs without turning the firm into a faceless factory churning out private placement memorandums or passing unnecessary overhead expenses onto our clients. (As our client, you’ll only pay a fixed fee, so no surprises.) As for the client experience, we give real-time answers with Tilden Moschetti without making you book an official appointment or get passed along to associates or paralegals. We’ll work with your ambitions and overall vision to help you close the current deal and fill in that ‘missing’ piece – whatever you need – to keep adding more syndications to your portfolio. We keep syndicators syndicating (TM).

    ★☆★ CONNECT WITH THE MOSCHETTI SYNDICATION LAW GROUP ★☆★
    YouTube: https://www.youtube.com/channel/UCVh1CNQULC45Bh6j4WV2sjA?sub_confirmation=1
    Facebook: https://www.facebook.com/syndication.attorneys/
    LinkedIn: https://www.linkedin.com/company/moschettilaw
    Messenger: https://m.me/tildenm
    Web: https://www.moschettilaw.com


    #Syndication #PrivatePlacementMemorandum #PPM


    ------Disclaimer------

    Also, please note, this video and any content from Moschetti Syndication Law Group, Tilden, or anyone affiliated with either or both, does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information from these online sources may not constitute the most up-to-date legal or other information.

    No viewer, user, or browser of content from us should act or refrain from acting on the basis of information on this site without first seeking legal advice from counsel in the relevant jurisdiction. Only your individual attorney can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation.

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    12 mins
  • Five Exit Strategies for Real Estate Syndications
    May 31 2024

    Navigating your way out of a real estate syndication or equity fund investment requires proper planning and strategic execution. There are five primary exit strategies to consider, each with its unique benefits and potential drawbacks. The first and most common method is selling the asset outright and then distributing the proceeds according to the agreed-upon terms in the operating agreement. The second strategy involves refinancing the property to pull out equity and distribute that cash to investors. However, this method requires careful valuation to ensure fair market value. A third option is recapitalization, which involves restructuring the capital stack to return some of the investors' capital sooner, thereby increasing the Internal Rate of Return (IRR). A fourth approach involves a 1031 exchange, but this can be complex if some investors want to exit the syndication. Finally, a merger or acquisition can provide an exit strategy, although this typically occurs with larger portfolios and requires careful planning and communication with investors.

    Read more about real estate syndication - What Is Real Estate Syndication?: https://www.moschettilaw.com/what-is-real-estate-syndication/

    Read more about Reg D - What is Reg D? The King of Securities Exceptions: https://www.moschettilaw.com/reg-d/

    Moschetti Syndication Law Group is a boutique syndication law firm, serving small and growth-bound syndicators, as well as private equity firms. Our attorney, Tilden Moschetti, is determined to keep the firm’s ‘boutique’ size so we can tailor the services to each client’s unique needs without turning the firm into a faceless factory churning out private placement memorandums or passing unnecessary overhead expenses onto our clients. (As our client, you’ll only pay a fixed fee, so no surprises.) As for the client experience, we give real-time answers with Tilden Moschetti without making you book an official appointment or get passed along to associates or paralegals. We’ll work with your ambitions and overall vision to help you close the current deal and fill in that ‘missing’ piece – whatever you need – to keep adding more syndications to your portfolio. We keep syndicators syndicating (TM).

    ★☆★ CONNECT WITH THE MOSCHETTI SYNDICATION LAW GROUP ★☆★
    YouTube: https://www.youtube.com/channel/UCVh1CNQULC45Bh6j4WV2sjA?sub_confirmation=1
    Facebook: https://www.facebook.com/syndication.attorneys/
    LinkedIn: https://www.linkedin.com/company/moschettilaw
    Messenger: https://m.me/tildenm
    Web: https://www.moschettilaw.com


    #Syndication #PrivatePlacementMemorandum #PPM


    ------Disclaimer------

    Also, please note, this video and any content from Moschetti Syndication Law Group, Tilden, or anyone affiliated with either or both, does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information from these online sources may not constitute the most up-to-date legal or other information.

    No viewer, user, or browser of content from us should act or refrain from acting on the basis of information on this site without first seeking legal advice from counsel in the relevant jurisdiction. Only your individual attorney can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation.

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    10 mins
  • Navigating Oversubscribed and Undersubscribed Syndications
    May 29 2024

    In the world of equity syndications, you may encounter situations where your fund is either oversubscribed or undersubscribed. The good news is, both scenarios are manageable and can even offer unique benefits. If your fund is oversubscribed, it means you have the opportunity to raise more capital than initially planned. When drafting your Private Placement Memorandum (PPM) and Operating Agreement, always leave room for potential growth. However, such changes could be materially significant and, therefore, need to be communicated effectively to your investors. The upside is a more diverse portfolio and potentially higher returns due to greater flexibility in asset acquisition.

    On the other hand, if your fund is undersubscribed, your investors' percentage of ownership increases, which can be perceived as a positive outcome. The challenge lies in appropriately communicating this situation. In addition, you'll need to consider alternate financing methods to bridge the shortfall, which may include bank loans or different types of security offerings. In both oversubscribed and undersubscribed scenarios, transparency is key. Your investors are entitled to a comprehensive understanding of your investment product. An experienced professional can help you navigate these situations, ensuring compliance and investor satisfaction.

    Read more about PPMs - What Is In A Private Placement Memorandum?: https://www.moschettilaw.com/private-placement-memorandum-attorney/

    Read more about the SEC and Reg D - The SEC And It’s Reg D: https://www.moschettilaw.com/sec-reg-d/

    Moschetti Syndication Law Group is a boutique syndication law firm, serving small and growth-bound syndicators, as well as private equity firms. Our attorney, Tilden Moschetti, is determined to keep the firm’s ‘boutique’ size so we can tailor the services to each client’s unique needs without turning the firm into a faceless factory churning out private placement memorandums or passing unnecessary overhead expenses onto our clients. (As our client, you’ll only pay a fixed fee, so no surprises.) As for the client experience, we give real-time answers with Tilden Moschetti without making you book an official appointment or get passed along to associates or paralegals. We’ll work with your ambitions and overall vision to help you close the current deal and fill in that ‘missing’ piece – whatever you need – to keep adding more syndications to your portfolio. We keep syndicators syndicating (TM).

    ★☆★ CONNECT WITH THE MOSCHETTI SYNDICATION LAW GROUP ★☆★
    YouTube: https://www.youtube.com/channel/UCVh1CNQULC45Bh6j4WV2sjA?sub_confirmation=1
    Facebook: https://www.facebook.com/syndication.attorneys/
    LinkedIn: https://www.linkedin.com/company/moschettilaw
    Messenger: https://m.me/tildenm
    Web: https://www.moschettilaw.com


    #Syndication #PrivatePlacementMemorandum #PPM


    ------Disclaimer------

    Also, please note, this video and any content from Moschetti Syndication Law Group, Tilden, or anyone affiliated with either or both, does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information from these online sources may not constitute the most up-to-date legal or other information.

    No viewer, user, or browser of content from us should act or refrain from acting on the basis of information on this site without first seeking legal advice from counsel in the relevant jurisdiction. Only your individual attorney can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation.

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    6 mins
  • LLCs vs. LPs in Syndication and Equity Funds: Navigating the Choices
    Apr 18 2024

    If you're considering becoming a sponsor for a syndication or equity fund, you'll want to understand the differences between using a Limited Liability Company (LLC) or a Limited Partnership (LP) as your entity structure. Two decades ago, LPs were the norm, but today, most sponsors opt for LLCs. There are three main distinctions to consider: taxation, management, and liability protection. With an LLC, taxes are passed straight through to partners, while an LP treats general and limited partners differently. LLCs offer more management flexibility and clear liability protection for the general partner, whereas an LP's general partner has full control but no inherent liability protection. LLCs also have an easier formation and maintenance process. Still, LPs can offer specific tax benefits and a clear distinction of roles. In most cases, an LLC is the recommended choice, but unique circumstances might favor an LP.

    Read more about real estate syndication - How To Syndicate Real Estate: https://www.moschettilaw.com/how-to-syndicate-real-estate/

    Read more about the SEC and Reg D - The SEC And It’s Reg D: https://www.moschettilaw.com/sec-reg-d/

    Moschetti Syndication Law Group is a boutique syndication law firm, serving small and growth-bound syndicators, as well as private equity firms. Our attorney, Tilden Moschetti, is determined to keep the firm’s ‘boutique’ size so we can tailor the services to each client’s unique needs without turning the firm into a faceless factory churning out private placement memorandums or passing unnecessary overhead expenses onto our clients. (As our client, you’ll only pay a fixed fee, so no surprises.) As for the client experience, we give real-time answers with Tilden Moschetti without making you book an official appointment or get passed along to associates or paralegals. We’ll work with your ambitions and overall vision to help you close the current deal and fill in that ‘missing’ piece – whatever you need – to keep adding more syndications to your portfolio. We keep syndicators syndicating (TM).

    ★☆★ CONNECT WITH THE MOSCHETTI SYNDICATION LAW GROUP ★☆★
    YouTube: https://www.youtube.com/channel/UCVh1CNQULC45Bh6j4WV2sjA?sub_confirmation=1
    Facebook: https://www.facebook.com/syndication.attorneys/
    LinkedIn: https://www.linkedin.com/company/moschettilaw
    Messenger: https://m.me/tildenm
    Web: https://www.moschettilaw.com


    #Syndication #PrivatePlacementMemorandum #PPM


    ------Disclaimer------

    Also, please note, this video and any content from Moschetti Syndication Law Group, Tilden, or anyone affiliated with either or both, does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information from these online sources may not constitute the most up-to-date legal or other information.

    No viewer, user, or browser of content from us should act or refrain from acting on the basis of information on this site without first seeking legal advice from counsel in the relevant jurisdiction. Only your individual attorney can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation."

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    9 mins
  • Unlock the Power of Events to Raise Capital for Your Syndication Deal
    Apr 16 2024

    Raising capital for your syndication deal or investment fund can be a challenging endeavor. But one effective strategy is to host an event. The key, however, is not to make the event about your offering. Instead, focus on providing value and addressing topics that would interest potential investors. For example, if your investors are tied to the real estate market, discuss the market trends, legislation changes, and other relevant issues. The goal is to make the event engaging and beneficial so attendees have a reason to be there. Then, depending on your offering's compliance with SEC Regulation D rules 506 B or C, you can either openly solicit from the general public (506 C) or from those with whom you have a pre-existing relationship (506 B). Remember, the event's purpose is to generate interest and create a network of potential investors, not to hard-sell your offering. Partnering with other entities such as wealth managers or title companies can also be beneficial as they can contribute resources and bring in more potential investors.

    Read more about raising capital - Finding Investors for Real Estate Syndication and Private Equity Funds: https://www.moschettilaw.com/finding-investors-for-real-estate-syndication-and-private-equity-funds/

    Read more about PPMs - What Is In A Private Placement Memorandum?: https://www.moschettilaw.com/private-placement-memorandum-attorney/

    Moschetti Syndication Law Group is a boutique syndication law firm, serving small and growth-bound syndicators, as well as private equity firms. Our attorney, Tilden Moschetti, is determined to keep the firm’s ‘boutique’ size so we can tailor the services to each client’s unique needs without turning the firm into a faceless factory churning out private placement memorandums or passing unnecessary overhead expenses onto our clients. (As our client, you’ll only pay a fixed fee, so no surprises.) As for the client experience, we give real-time answers with Tilden Moschetti without making you book an official appointment or get passed along to associates or paralegals. We’ll work with your ambitions and overall vision to help you close the current deal and fill in that ‘missing’ piece – whatever you need – to keep adding more syndications to your portfolio. We keep syndicators syndicating (TM).

    ★☆★ CONNECT WITH THE MOSCHETTI SYNDICATION LAW GROUP ★☆★
    YouTube: https://www.youtube.com/channel/UCVh1CNQULC45Bh6j4WV2sjA?sub_confirmation=1
    Facebook: https://www.facebook.com/syndication.attorneys/
    LinkedIn: https://www.linkedin.com/company/moschettilaw
    Messenger: https://m.me/tildenm
    Web: https://www.moschettilaw.com


    #Syndication #PrivatePlacementMemorandum #PPM


    ------Disclaimer------

    Also, please note, this video and any content from Moschetti Syndication Law Group, Tilden, or anyone affiliated with either or both, does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information from these online sources may not constitute the most up-to-date legal or other information.

    No viewer, user, or browser of content from us should act or refrain from acting on the basis of information on this site without first seeking legal advice from counsel in the relevant jurisdiction. Only your individual attorney can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation.

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    10 mins
  • How I Became A Top Syndication Attorney
    Mar 20 2024

    Embarking on a journey to become a Syndication Attorney is an intricate process. Tilden Moschetti, a seasoned Syndication Attorney, shares his transformative journey that began 25 years ago with a dream to develop real estate. Pursuing law was a pivotal decision that gave him a better understanding of the legal terrain of real estate development. Despite starting his career as a trial lawyer, he found his true calling in property-centric issues. After a decade of litigation, Moschetti ventured into brokering deals and understanding finance. His breakthrough moment came when he was introduced to syndication. Though initially challenging, he developed a systematic approach to understanding the complex codes and legalities of syndication. It ultimately led him to transition from litigation to helping syndicators and investment funds, making him a key player in the financial ecosystem.

    Read more about PPMs - What Is In A Private Placement Memorandum?: https://www.moschettilaw.com/private-placement-memorandum-attorney/

    Read more about raising capital - Finding Investors for Real Estate Syndication and Private Equity Funds: https://www.moschettilaw.com/finding-investors-for-real-estate-syndication-and-private-equity-funds/

    Moschetti Syndication Law Group is a boutique syndication law firm, serving small and growth-bound syndicators, as well as private equity firms. Our attorney, Tilden Moschetti, is determined to keep the firm’s ‘boutique’ size so we can tailor the services to each client’s unique needs without turning the firm into a faceless factory churning out private placement memorandums or passing unnecessary overhead expenses onto our clients. (As our client, you’ll only pay a fixed fee, so no surprises.) As for the client experience, we give real-time answers with Tilden Moschetti without making you book an official appointment or get passed along to associates or paralegals. We’ll work with your ambitions and overall vision to help you close the current deal and fill in that ‘missing’ piece – whatever you need – to keep adding more syndications to your portfolio. We keep syndicators syndicating (TM).

    ★☆★ CONNECT WITH THE MOSCHETTI SYNDICATION LAW GROUP ★☆★
    YouTube: https://www.youtube.com/channel/UCVh1CNQULC45Bh6j4WV2sjA?sub_confirmation=1
    Facebook: https://www.facebook.com/syndication.attorneys/
    LinkedIn: https://www.linkedin.com/company/moschettilaw
    Messenger: https://m.me/tildenm
    Web: https://www.moschettilaw.com


    #Syndication #PrivatePlacementMemorandum #PPM


    ------Disclaimer------

    Also, please note, this video and any content from Moschetti Syndication Law Group, Tilden, or anyone affiliated with either or both, does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information from these online sources may not constitute the most up-to-date legal or other information.

    No viewer, user, or browser of content from us should act or refrain from acting on the basis of information on this site without first seeking legal advice from counsel in the relevant jurisdiction. Only your individual attorney can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation.

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    13 mins
  • Mastering Your Pitch: A Guide for Regulation D Syndication Sponsors
    Mar 18 2024

    Raising funds for a Regulation D security can be a nerve-wracking process, however, with the right approach and mindset, it can be manageable. Start with a thorough understanding of your offering. Familiarize yourself with all relevant marketing materials, operating agreements, and underwriting. Avoid looking unprepared; if you don't know something, admit it and promise to find the relevant information. The Founder Investment Theory (FIT) is your primary sales tool. It's your story and your reason for talking to potential investors. If they buy into your FIT and trust you, they're likely to invest. Be aware of what your investor is looking for. Are they cash flow or appreciation driven? Be transparent and honest. Prepare materials such as slide decks to show your professionalism. Practice your pitch and understand the basic framework of securities rules. Showcase your team, follow up promptly, and be ready for rejection. Above all, embrace excitement over anxiety; it can greatly aid your performance and experience.

    Read more about raising capital - Finding Investors for Real Estate Syndication and Private Equity Funds: https://www.moschettilaw.com/finding-investors-for-real-estate-syndication-and-private-equity-funds/

    Read more about PPMs - What Is In A Private Placement Memorandum?: https://www.moschettilaw.com/private-placement-memorandum-attorney/

    Moschetti Syndication Law Group is a boutique syndication law firm, serving small and growth-bound syndicators, as well as private equity firms. Our attorney, Tilden Moschetti, is determined to keep the firm’s ‘boutique’ size so we can tailor the services to each client’s unique needs without turning the firm into a faceless factory churning out private placement memorandums or passing unnecessary overhead expenses onto our clients. (As our client, you’ll only pay a fixed fee, so no surprises.) As for the client experience, we give real-time answers with Tilden Moschetti without making you book an official appointment or get passed along to associates or paralegals. We’ll work with your ambitions and overall vision to help you close the current deal and fill in that ‘missing’ piece – whatever you need – to keep adding more syndications to your portfolio. We keep syndicators syndicating (TM).

    ★☆★ CONNECT WITH THE MOSCHETTI SYNDICATION LAW GROUP ★☆★
    YouTube: https://www.youtube.com/channel/UCVh1CNQULC45Bh6j4WV2sjA?sub_confirmation=1
    Facebook: https://www.facebook.com/syndication.attorneys/
    LinkedIn: https://www.linkedin.com/company/moschettilaw
    Messenger: https://m.me/tildenm
    Web: https://www.moschettilaw.com


    #Syndication #PrivatePlacementMemorandum #PPM


    ------Disclaimer------

    Also, please note, this video and any content from Moschetti Syndication Law Group, Tilden, or anyone affiliated with either or both, does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information from these online sources may not constitute the most up-to-date legal or other information.

    No viewer, user, or browser of content from us should act or refrain from acting on the basis of information on this site without first seeking legal advice from counsel in the relevant jurisdiction. Only your individual attorney can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation.

    Show more Show less
    15 mins
  • Understanding the Square Peg of Crypto in the Round Hole of Regulation D
    Jan 15 2024

    Understanding the complexity of crypto offerings within the framework of Regulation D can be a challenging task. The Securities and Exchange Commission (SEC) offers exemptions to its rules, allowing you to raise unlimited funds from accredited investors and up to 35 non-accredited investors within a 90-day period. This exemption, known as Regulation D, provides a platform for private investments beneficial to the economy. However, it comes with certain restrictions intended to prevent an unregulated secondary private market.

    Crypto offerings pose a unique challenge to this framework due to their decentralized and fungible nature. Unlike traditional securities, the value of crypto is not tied to an underlying asset or company profit but is primarily driven by market speculation. This contradicts the SEC's requirement that securities should not be resold with the intent of capitalizing on their appreciation. The conflict arises when trying to fit the crypto offering, which operates on resale and appreciation, into the round peg of SEC rules, effectively making it a square peg in a round hole.

    However, if your interest lies in the company behind the coin or a business linked to crypto, such as a mining operation, there are ways to navigate the regulatory landscape. The crucial aspect is to ensure that profits are not solely based on the appreciation or depreciation of the crypto coin itself, but on the actual business operations.

    Read more about Reg D - What is Reg D? The King of Securities Exceptions: https://www.moschettilaw.com/reg-d/

    Read more about PPMs - What Is In A Private Placement Memorandum?: https://www.moschettilaw.com/private-placement-memorandum-attorney/

    Moschetti Syndication Law Group is a boutique syndication law firm, serving small and growth-bound syndicators, as well as private equity firms. Our attorney, Tilden Moschetti, is determined to keep the firm’s ‘boutique’ size so we can tailor the services to each client’s unique needs without turning the firm into a faceless factory churning out private placement memorandums or passing unnecessary overhead expenses onto our clients. (As our client, you’ll only pay a fixed fee, so no surprises.) As for the client experience, we give real-time answers with Tilden Moschetti without making you book an official appointment or get passed along to associates or paralegals. We’ll work with your ambitions and overall vision to help you close the current deal and fill in that ‘missing’ piece – whatever you need – to keep adding more syndications to your portfolio. We keep syndicators syndicating (TM).

    ★☆★ CONNECT WITH THE MOSCHETTI SYNDICATION LAW GROUP ★☆★
    YouTube: https://www.youtube.com/channel/UCVh1CNQULC45Bh6j4WV2sjA?sub_confirmation=1
    Facebook: https://www.facebook.com/syndication.attorneys/
    LinkedIn: https://www.linkedin.com/company/moschettilaw
    Messenger: https://m.me/tildenm
    Web: https://www.moschettilaw.com


    #Syndication #PrivatePlacementMemorandum #PPM


    ------Disclaimer------

    Also, please note, this video and any content from Moschetti Syndication Law Group, Tilden, or anyone affiliated with either or both, does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information from these online sources may not constitute the most up-to-date legal or other information.

    No viewer, user, or browser of content from us should act or refrain from acting on the basis of information on this site without first seeking legal advice from counsel in the relevant jurisdiction. Only your individual attorney can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation.

    Show more Show less
    8 mins