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Updated over 2 years ago on . Most recent reply

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Sean Bramble
  • Investor
  • United States
282
Votes |
202
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Question about nonrecourse states & DSCR loans

Sean Bramble
  • Investor
  • United States
Posted

I'm new to RE and just learned about the 12 nonrecourse states. Couple of questions:

- if a borrower defaults in a nonrecourse state, will an LLC protect them from a big hit to their personal credit?

- are DSCR loans in these states also by definition "nonrecourse"?

- can loans in these states "become" recourse loans if the lender simply asks the borrower to also sign a personal guarantee?

Thanks everyone!

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Matthew Crivelli
  • Lender
  • Massachusetts
928
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1,476
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Matthew Crivelli
  • Lender
  • Massachusetts
Replied

@Sean Bramble

Very few DSCR loans are non recourse. The only non recourse DSCR loans I've ever been able to close is when the borrower is using a self directed IRA to complete the purchase / refi. Typically the borrower is taking a major LTV hit when using a SDIRA. (I closed a SDIRA refi in TX recently at 60% LTV, that was max leverage) If you give a personal guarantee on a loan and you fold, your credit will be cooked and the home will be foreclosed on no matter the state. The LLC will not offer protection in this case.

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