What is the best way to start financing real estate?

When would be the best time to form an LLC, after first property? Should I purchase with personal credit then quitclaim to the LLC to start out? Does it help business credit to do this? Any recommendations would be great.

Answer

Even in good markets, for most LLCs, banks are going to require your personal guarantee regardless.

However, having the property in an LLC is good liability protection for you personally for liabilities other than the mortgage debt.

Here's what I mean. If you own the property in your own name, if someone slips and falls on your property, or if there's an environmental problem that insurance doesn't cover (and they don't cover much--read the "pollution exclusions" in your policy), then you are personally on the hook. Environmental laws are particularly nasty, and the EPA and state agencies don't care who caused the problem, if you own it, you are liable.

On the other hand, having your property in an LLC will protect you personally from the slip and falls and environmental problems (assuming that you weren't personally dumping stuff on the property yourself).

In terms of the right order to do things in? Either way will probably work. If you're interested in building business credit, I would suggest having the LLC take out the loan. Understand that you will have to personally guarantee it, but at least the LLC will be building a credit record, and you will have insulated yourself from all liabilities associated with the property EXCEPT the mortgage note you personally guaranteed.

Comments for
What is the best way to start financing real estate?

Average Rating starstarstarstarstar

Click here to add your own comments

Sep 28, 2011
Rating
starstarstarstarstar
Follow Up Question
by: Anonymous

In the answer it is stated, "In terms of the right order to do things in? Either way will probably work. If you're interested in building business credit, I would suggest having the LLC take out the loan. Understand that you will have to personally guarantee it, but at least the LLC will be building a credit record, and you will have insulated yourself from all liabilities associated with the property EXCEPT the mortgage note you personally guaranteed."

My husband and I are members of our real estate LLC and have a personal line of equity on a home that is owned by our LLC. Could we use this line of equity to purchase another property and put it in the LLC, with the LLC making the payments on the line of equity? Would we be "piercing the veil" to do this? Or, as stated above, would we have insulated ourselves EXCEPT for the the line of equity under our names?

Answer

This question is a little too complex for an internet site. The problem is less veil piercing than whether such an arrangement would violate the terms of the lending agreement. The only way to know would be to have an attorney review the lending agreement.

While sometimes technical violations of lending agreements are not enforced immediately, if there is ever litigation or a default, the lender could accuse you of fraud, which can lead to civil judgments and denial of a discharge in bankruptcy.

It's a strange world out there. Some people stop paying their mortgage and can squat in the house for years before being evicted. In other cases, a person lies about their income on a mortgage application and is sent to prison.

There's little rhyme or reason to it, so I urge extreme caution when doing anything involving lenders.

Click here to add your own comments