Bama Jam Music and Arts Festival/Diageo Sponsorship Proposal
ITS Investor Portfolio Flow Chart Business Plan Provides Insight on Returns
1. ITS INVESTOR PORTFOLIO
FLOW CHART
BUSINESS PLAN
CHECKS
MEMORANDUM
LEGAL DOCUMENTS
PNL 'S
FINANCIALS
KEY NUMBERS
BANK ERROR
INVESTMENT BREAKDOWN
ITS
Internal Tax Service
2. FLOW CHART
ITS FLOW CHART
ITS
Internal Tax Service
3.
4. BUSINESS PLAN
ITS FLOW CHART
ITS
Internal Tax Service
5. ITS
Internal Tax Service
M I S S I ON
“To maximize returns for investors through strategic investment
in the Georgia tax deed market.”
Executive Summary
Internal Tax Service (the “Company”) is a U.S. based real estate investment firm that is primarily focused on the
Georgia tax deed market, providing investors with a high ROI from the repayment of taxes and penalties through tax
deed sales. Through the cooperation of local county governments, ITS’ property tax redemption process, and
subsequent ownership and resale of high valued homes at severely discounted prices, the company’s versatile
approach will enable an investor the benefit of consistent returns and a steady stream of income backed by tangible
assets.
When a property owner cannot pay property taxes, the state or county often places a lien on the property for the
taxes owed plus penalties and administrative fees. Investors may then purchase the liens or deeds and receive
payment for that amount plus interest. In the event a property owner still does not repay the back taxes and
penalties, the lien/deed holder may foreclose on the property and gain the title, thereby acquiring property at a cost
often well below market value. Internal Tax Service, Inc. entered this market in 2009, purchasing valuable deeds on
ideal properties through its founder’s real estate expertise and vision for profitable returns.
Services
Internal Tax Service focuses only on the opportunity available in the state of Georgia because of the favorable tax
deed laws there, as well as the state’s high number of delinquent properties. Georgia is unique in its “hybrid” model
for handling delinquent properties where investors can invest in the deed via the bidding process and are allowed to
charge a government enforced penalty. Perhaps the most unique and compelling element to investing in ITS and tax
deeds in Georgia is that the county awards FIRST PRIORITY LIEN POSITION to the company or individual who buys
the deed at auction.
That “POSITION” along with our company’s ICR (Inter-Company Redemption) process forces the bank, mortgage
company or owner to pay us our statutory 20% penalty or lose the property 1 in an accelerated foreclosure process.
The owner of the property has to take immediate action and the necessary steps to recover their property rights
back. This allows ITS to have complete leverage on the property and investment strategy.
1 Smith, Elizabeth. NuWire Investor. “Georgia Tax Deeds.” April 2007. Obtained at: http://www.nuwireinvestor.com/articles/georgia-tax-deeds-51021.aspx.
6. Market Analysis Summary
Tax deeds are a consistent way for any investor to make a steady return on their money but based on specific market
conditions in Georgia, the Company’s management believes the time has never been better to invest in this geographic
location. The city of Atlanta in particular is attractive to focus on; not only based on the county’s internal procedures
but ITS has also established favorable relationships within the local government and is able to exercise the highest level
of due diligence in the investment screening process.
The city is the second fastest growing metropolitan area in the nation, and has experienced particularly explosive
growth over the last decade, according to the Atlanta Regional Commission (ARC). 2 During the last eight years alone
the city has added 1.1 million people to its population. The following chart from ARC demonstrates the city’s rapid
growth since 1990, and projects future growth through 2040. Growth is clearly expected to continue at rapid pace
over the next 30 years. 3
2 Atlanta Regional Commission 2009. Obtained at: http://www.atlantaregional.com/info-center/arc-region.
3 Atlanta Neighborhood Development Partner. Obtained at: http://www.andpi.org/.
7. Strategy and Implementation Summary
Internal Tax Service will perform thorough due diligence on each potential investment, through tax lien research
(www.GSCCCA.com) accurate assessments (CMA’s) and any potential legal ramifications (title searches) thereby
mitigating investment risks. The Company will place particular emphasis on properties with a mortgage, though will
consider some without. Internal Tax Service will focus on properties that can be sold immediately after purchase.
Internal Tax Service has assessed its current competition and can ensure an even greater ROI if provided with an
appropriate infusion of capital. The Company realizes that there are several organizations and local investors who will
compete for choice properties and try to find hidden “gems” throughout the counties involved. Most of these
companies and people have limited resources in both their finances and research efforts. If Internal Tax Service is put
in a position of financial strength at each auction, it will be able to frequently outbid its competition, maintaining a
larger property portfolio and providing larger returns to investors. Also, by employing more realtors and a larger
research staff, the Company can find, locate, and verify the select properties that will provide large profit margins for
minimal cost. By selecting choice properties it will not only allow for greater redemptions but ensure solid
investments.
Investor Distribution and Breakdown
ITS will offer investors a 10 -12% rate of return on their principal paid out quarterly. We will pay an additional 8-10%
on the portion of the principal that result in a foreclosure and sale. The principal will be vested with the company for a
required 18 month period before any attempt at redemption. Your principal will be guaranteed against the properties
we purchase with those particular funds and agreed upon by both parties in a formal contract (deed to secured debt)
before investing. Any and all companies that ITS is associated with in order to make these transactions and returns
possible will be held to the same agreement aforementioned.
Conclusion
The Company purchases tax deeds that amount to well below the market value of the property in question, thereby
ensuring a large return on investment regardless of the means through which the lien/deed is satisfied. ITS will either
earn 20% on their investment collecting penalties and interest within 1 to 12 months or sell the properties acquired
through quiet title and foreclosure via the Company’s real estate brokerage division. This steady flow of revenue
assures investors we will be able to pay their guaranteed interest and all agreements and principal are backed by
company assets and tax deed ownership.
Management Summary
Todd Lipton, Director of Operations
Mr. Lipton has an extensive background in finance, sales and management. Todd was previously an equities trader with
T3Capital, a commodities trader on the floor in New York in the mid 90’s and following those positions was an
Account Manager in Sales at TEKsystems. He managed an IT sales delivery team and was responsible for building a
base of clients in the finance and communications industries. He now pursues the endeavors of ITS full time.
Daniel Lipton, Chief Executive Officer
Currently, Mr. Lipton trades commodities as well as owns and operates a nightclub that encompasses 40,000 square
feet and employs more than 120 individuals. Daniel holds financial series 5, 7, and 63 licenses. Prior to this venture,
Mr. Lipton owned and operated a floor trading operation at the New York Board of Trade for 20 years where he
oversaw 30 professional traders. He also owns and oversees businesses involving social media, technology and finance.
12. MEMOMORANDUM
ITS FLOW CHART
ITS
Internal Tax Service
13. MEMORANDUM
RE: United Capital Financial of Atlanta, LLC v. American Inv. Associates, Inc., 302 Ga.App. 400, --- S.E.2d ----, 2010 WL 522690
(2010).
ISSUE: What is the effect of the captioned case on tax deed investors?
BACKGROUND OF CASE
The United Capital case was decided by the Georgia Court of Appeals on February 16, 2010. The issue before the court
was which party had priority to claim the excess tax sale proceeds remaining after a tax sale.
Georgia law states that the excess tax sale funds are first paid out to any lienholders of the property sold for taxes, and
then to the delinquent taxpayer if there are any funds remaining.
Generally, the first lien filed of record gets priority over all other liens filed later in time. However, the law makes certain
exceptions and gives some later in time liens priority over earlier liens. The most common example is a lien for real
estate taxes. In certain situations, Georgia law gives a one paying off a tax deed (called a redemption) lien in the amount
paid to redeem a property that is superior to all other liens, which is commonly referred to as a super lien.
STATEMENT OF FACTS
American Investment Associates claimed it held a first priority lien on the property because it held a judgment lien
against the delinquent taxpayer originally filed in 1992.
United Capital claimed it held a “super-priority” lien which was superior to American Investment Associates because it
redeemed the tax deed from the original tax deed purchaser.
United Capital redeemed the tax deed at issue after taking assignment of assignment of a debt for $71.00 from Dynamic
Recovery Services, a collection agency, on the day of the tax sale. United Capital did not redeem as a lienholder, and only
as a creditor, which, until this case was decided, had significance as to whether a redeeming party obtained a super lien
or a standard lien.
American Investment Associates challenged the super priority lien claimed by United Capital, and the Court had to
decide whether or not United Capital in fact held a super priority lien.
O.C.G.A. § 48-4-41 deals with redemptions by creditors without a lien. It states that in such a case, the creditor shall
have a claim against the property for the amount advanced by him to redeem the property “if, there is any sale of the
property after the redemption under a judgment in favor of the creditor.” It is unknown whether a claim is the same as
a lien.
In the United Capital case, the creditor without a lien (United Capital) did redeem the property, but it never obtained a
judgment on the debt, and the property was not sold under such judgment. United Capital asserted in the suit that it
should be afforded the super priority lien anyway. The trial court rejected this claim on the grounds that the debt had
not been reduced to judgment, nor had the property been sold under such judgment. On appeal, the Court of Appeals
decided in favor of the redeeming creditor without a lien in holding that even though it had no judgment on the debt,
United Capital obtained a super lien when it redeemed the property as a creditor.
The Court focused on the language of O.C.G.A. § 48-4-43 which says that a redemption made “by any creditor” gives it a
“first lien on the property” and in essence ignored the qualifying language of O.C.G.A. § 48-4-41 that requires creditors
without liens to first have obtained a judgment and also to have sold the property under that judgment.
CONCLUSION
The case gives any creditor who redeems a tax deed a super lien without first having to satisfy the requirements to first
obtain a judgment and also sell the property under that judgment. The practical effect is two-fold. First, the super lien
gives the redeeming creditor the right to the excess tax sale funds, such that the only real money the redeeming party is
out is the 20% redemption premium. Second, the redeeming creditor has a first lien on the property, which it can
foreclose by judicial foreclosure and wipe out any other liens on the property by banks or other lien holders.
20. 6854 DERBY
LEGAL
DATE EXPENSE PAYMENT DESCRIPTION BALANCE
5/28/10 $1,250.00 1ST FLAT FEE INSTALLMENT $1,250.00
5/28/10 $1,250.00 1ST FLAT FEE INSTALLMENT $0.00
7/16/10 $2,500.00 2ND FLAT FEE INSTALLMENT $2,500.00
7/22/10 $2,500.00 2ND FLAT FEE INSTALLMENT $0.00
7/23/10 $11.00 COURT FILING FEES $11.00
FEES FOR CONTESTED ISSUES
INCLUDING Many conversations w/
Ayoub and Client; in office meeting w/
client; research to locate underlying
owners; drafting QCD's for underlying
owner, forming new LLC and numerous
conversations w/client re strategy for
7/29/10 $750.00 same. $761.00
8/13/10 $32.00 COURT FILING FEES $793.00
$4,543.00
DEED
Purchased on County Steps - Taxes
11/3/09 $50,000.00 Saitsfied were $3,462.21
LIEN
5/27/10 $2,415.08 TCFC Cashier's check
9/2/10 $5,280.54 Conduit Law Firm Cashiers check
TOTAL $62,238.62
COLLECTED
7/16/10 $42,003.05 Overage Collected
???? Sale of Home (pending)
TOTAL $42,003.05
TOTAL NET PROFIT -20235.57
Home valued at 95K…on market for 89K
lowest offer will be 81K and we'll use that
$81,000.00 assumption for our business model
$2,430.00 3% commission
$78,570.00 Expected NET PROFIT on home
22. WOLF CREEK
LEGAL
DATE EXPENSE PAYMENT DESCRIPTION BALANCE
5/28/10 $1,250.00 1ST FLAT FEE INSTALLMENT $1,250.00
5/28/10 -$1,250.00 1ST FLAT FEE INSTALLMENT $0.00
6/22/10 $265.50 COURT FILING FEES $265.50
7/16/10 $2,500.00 2ND FLAT FEE INSTALLMENT $2,500.00
7/22/10 -$2,500.00 2ND FLAT FEE INSTALLMENT $0.00
7/22/10 $120.00 PUBLICATION COSTS $385.50
7/26/10 $865.00 SERVICE OF PROCESS FEES $1,250.50
8/24/10 $1,250.50 $0.00
$4,735.00
DEED
Purchased on County Steps - Taxes
12/1/09 $40,000.00 satisfied were $ 2,452.84
LIEN
5/27/10 $1,736.43 TCFC Cashier's check
TOTAL $51,206.43
COLLECTED
5/4/10
7/16/10 36,197.66 Overage Collected
8/12/10 Invoice 55653.63
8/31/10 $53,719.58 Redemption Check From C link (1934.05 short )
TOTAL $89,917.24
TOTAL NET PROFIT 38710.81
23. FINANCIALS
ITS FLOW CHART
ITS
Internal Tax Service
24. First Fiscal Year In Business (September 2009 - September 2010)
Facts $ $ $ Description
We collect recycled $ through our ICR
process. This money is received from the
county, re-invested and accounts for the
difference between capital vested and cash
Cash Spent $700,000.00 spent
Capital Vested
Year 1 $586,000.00 3 Investors (DBL, MSL, DZC)
Revenue $53,524.99 9 redemptions
$38,710.81 1 Double Dip
$58,334.43 1 Sale
Total Revenue $150,570.23
Expenses $25,000.00 Legal
$18,000.00 Liens
$10,000.00 Operations
$13,000.00 Interest
$8,000.00 Start up
$3,500.00 Misc.
$13,458.25 Losses
$9,200.00 Taxes and HOA Fees
Total Expenses $100,158.25
Net Profit 50411.98
Second Projected Fiscal Year In Business (October 2010 - October 2011)
Facts $ $ $ Description
We collect recycled $ through our ICR
process. This money is received from the
county, re-invested in ITS and accounts for the
difference between capital vested and cash
Cash Spent $680,000.00 spent
Total Spent 2
Years $1,380,000.00
Capital Vested
Year 2 $500,000.00 5 Investors (DBL, MSL, DZC, MH, DB)
Total
Vested 2
Years $1,086,000.00
Projected
Revenue $98,000.00 14 Redemptions
$128,000.00 4 Double Dips
$480,000.00 10 Sales
Total
Projected
Revenue $706,000.00
Expenses $57,000.00 Legal
$38,000.00 Liens
$14,000.00 Operations
$69,000.00 Interest
$50,000.00 Salaries
$5,000.00 Misc.
$21,200.00 Taxes and HOA Fees
Total
Projected
Expenses $254,200.00
Net Profit 451800
25. KEY NUMBERS
ITS FLOW CHART
ITS
Internal Tax Service
26. KEY NUMBERS
Total # of Deeds Purchased 38
Average Price of Deeds $26,031.77
Average Price of Deeds Since May $35,055.56
Total Cost of Deeds Purchased $859,048.41
Total Assessed Value of Property $3,300,900.00
Average Property Assessment $100,027.00
If we can buy up to 6 properties a month or put at least
200K a month to work; the company will assure itself
minimum revenue of at least 40K a month.
ITS
Internal Tax Service
27. BANK ERROR
ITS FLOW CHART
ITS
Internal Tax Service