Obtaining a Mortgage under a Real Estate Investment LLC

[Tommy Tong]

Hi Everyone, a group of my close friends and I want to start a LLC in San Diego for Real Estate investment. The idea is to consolidate our resources to buy a rental property whenever we have saved enough for a down payment. Initially everyone would contribute $25K and then every month after each member will deposit $1,000. There are 8 of us so we should be able to buy 1-2 properties each year if we can figure the financing part out. I have talked to multiple banks and lenders, most of them say they don't lend directly to LLCs. And even for the ones that do lend to LLCs, they require the LLC to be established for at least 2 years, So what are my options? I plan on talking to a Real Estate Attorney next week with the operational agreement but would like you thoughts before then

1) Buy it under individual names and transfer the property to the LLC afterward

2) Create a trust and have the LLC under it

3) ??

Thank you for your help!

[David Miller]

#1 will violate the due on sale clause and trigger an acceleration of the outstanding balance. #2 creates a second layer of ownership (via the trust) that is unnecessary if you are still using the LLC.

Keep talking with lenders - try local community banks and credit unions. Do not stop until you find a lender who will work with you. Not every lender requires a LLC exists for 2 years prior. Just understand you and your partners will almost certainly have to sign personal guarantees for the loan.