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re: Real Estate Investing......... New update pg 7

Posted on 11/18/15 at 11:29 am to
Posted by jdutto3
Atlanta
Member since Dec 2006
672 posts
Posted on 11/18/15 at 11:29 am to
I feel the need to speak up to a couple points made in this thread, especially the absolutes ("you never get this" or "that's impossible")

I have 14 rental units in Baton Rouge consisting of condos, SFRs, and an 8plex. Been investing since undergrad and I'm 33 now.

ALL of my properties are in LLCs. This is basic step one. I'm an attorney and have seen liability cases from accidents at property almost bankrupt individuals. If properties are in a LLC or corporation then your personal assets are shielded from liability (unless perhaps gross negligence or intentional misconduct).

Regarding getting a loan for a llc: I have never had a problem getting a loan for an LLC. The down payment and interest rate will be higher and probably variable but that has more to do with the fact that your buying an investment property as opposed to primary residence. More risk to bank that you will just walk away if things go south.

And transferring a property under a personal loan to an llc also shouldn't be a problem because 1)the bank maintains first lien on the property and can foreclose if the note isn't paid and 2) if a property is transferred to a llc the individual remains liable on the note. Just because you transfer ownership of property doesn't mean you you change guarantees under the mortgage. So from the banks perspective a) they still have title on the property if note isn't paid and b) you are still liable under this original note. Perhaps you need to alert the bank of the transfer but they will have no problem if you are transferring to shield personal liability.

Anyone else have other stories pertaining to this? Always curious to learn more.
Posted by jimbeam
University of LSU
Member since Oct 2011
75703 posts
Posted on 2/22/16 at 4:42 pm to
Anything new?
This post was edited on 2/24/16 at 8:43 pm
Posted by Fat Bastard
coach, investor, gambler
Member since Mar 2009
73740 posts
Posted on 8/22/16 at 12:22 pm to
quote:

and have seen liability cases from accidents at property almost bankrupt individuals.


and as discussed earlier you can get a commercial liability umbrella policy. Or do both. Nobody i know who has this has been screwed over by bad tenants and lost their arse.

quote:

I have never had a problem getting a loan for an LLC.


and yet again, the issue at hand we have discussed here is lenders that i have seen and known will not originate NOO residential loans to LLC's in my experience. only will they originate commercial loans to LLC's which you can then use for residential. Not all lenders do commercial loans to be used on residential NOO properties. You have to search.

quote:

And transferring a property under a personal loan to an llc also shouldn't be a problem


well sadly it is. I've known many investors who once have transferred title the bank has activated the DUE ON SALE CLAUSE!

quote:

Perhaps you need to alert the bank of the transfer but they will have no problem if you are transferring to shield personal liability.


Absolute BS. Plenty have had trouble with it. see above.



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