Fannie/Freddie loan + multi-member LLC

Fannie/Freddie loan + multi-member LLC

Member since 2022 · 8 posts · 3 votes

Myself and two friends formed an LLC to acquire properties. We would like to take advantage of Fannie/Freddie loans, so we plan to have one person purchase individually and transfer title to LLC, which I understand is a straightforward process (simple deed and file with county recorder).

I know this is a common strategy and I would not have any concerns if I were using a wholly-owned LLC. However given there are three members, I want to make sure there are no material impediments (tax or otherwise) with transferring a property owned by one person to an entity owned by three without consideration, documentation outside of a deed, etc.. Given we will need to transfer the property back to the purchasing individual prior to any refinance, this will be relevant beyond just the initial purchase.

Can anyone confirm they have used this strategy for a multi-member entity with success? What should we be looking out for? Do we need to include anything in our operating agreement to address this? FWIW two of us are (junior) corporate attorneys and I'll read "not legal advice" into any and all responses.  

Thanks in advance. 

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  • Jay HurstBusiness Member
    Lender · Dallas, TX · Member since 2017 · 1k+ posts · 1k+ votes
    3y
    Quote from @David J Saylor III:

    Myself and two friends formed an LLC to acquire properties. We would like to take advantage of Fannie/Freddie loans, so we plan to have one person purchase individually and transfer title to LLC, which I understand is a straightforward process (simple deed and file with county recorder).

    I know this is a common strategy and I would not have any concerns if I were using a wholly-owned LLC. However given there are three members, I want to make sure there are no material impediments (tax or otherwise) with transferring a property owned by one person to an entity owned by three without consideration, documentation outside of a deed, etc.. Given we will need to transfer the property back to the purchasing individual prior to any refinance, this will be relevant beyond just the initial purchase.

    Can anyone confirm they have used this strategy for a multi-member entity with success? What should we be looking out for? Do we need to include anything in our operating agreement to address this? FWIW two of us are (junior) corporate attorneys and I'll read "not legal advice" into any and all responses.  

    Thanks in advance. 

     @David J Saylor III   Here is the direct verbiage from Fannie Mae on the transfer.  You need to make sure you follow this:

    https://servicing-guide.fannie...

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  • Member since 2022 · 8 posts · 3 votes
    3y
    Quote from @Jay Hurst:
    Quote from @David J Saylor III:

    Myself and two friends formed an LLC to acquire properties. We would like to take advantage of Fannie/Freddie loans, so we plan to have one person purchase individually and transfer title to LLC, which I understand is a straightforward process (simple deed and file with county recorder).

    I know this is a common strategy and I would not have any concerns if I were using a wholly-owned LLC. However given there are three members, I want to make sure there are no material impediments (tax or otherwise) with transferring a property owned by one person to an entity owned by three without consideration, documentation outside of a deed, etc.. Given we will need to transfer the property back to the purchasing individual prior to any refinance, this will be relevant beyond just the initial purchase.

    Can anyone confirm they have used this strategy for a multi-member entity with success? What should we be looking out for? Do we need to include anything in our operating agreement to address this? FWIW two of us are (junior) corporate attorneys and I'll read "not legal advice" into any and all responses.  

    Thanks in advance. 

     @David J Saylor III   Here is the direct verbiage from Fannie Mae on the transfer.  You need to make sure you follow this:

    https://servicing-guide.fannie...


     Thanks Jay. I am familiar with this language and it will be very easy to satisfy these Fannie/Freddie requirements. 

    My question is whether there are any concerns, tax or otherwise, with transferring a property that is 100% owned by one person to an entity owned by three people for no consideration, and no documentation outside of a simple deed. Generally when one person transfer money or property to another person/entity there are tax consequences. 

    Have you seen multi-member LLCs/partnerships use this strategy without issue? If so, I'm sure it's fine. 

  • Basit SiddiqiBusiness Member
    Accountant · New York, NY · Member since 2015 · 8k+ posts · 3k+ votes
    3y

    You will need to keep track of each person's basis in the partnership which gets complicated when you contribute property that is subject to a mortgage.

    distributions from an LLC to a member for the purpose of doing a refinance(which would then be contributed to the partnership)...Basis calculation nightmare.

    Best of luck

  • Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    3y

    @David J Saylor III You realize of course that you'll be violating the transfer terms noted above to the LLC since I assume the individual transferring does not wholly/majority own the LLC?

  • Member since 2022 · 8 posts · 3 votes
    3y
    Quote from @Wayne Brooks:

    @David J Saylor III You realize of course that you'll be violating the transfer terms noted above to the LLC since I assume the individual transferring does not wholly/majority own the LLC?


    Thanks Wayne! The language provides the LLC must be "controlled by or majority owned" by the transferee; the transferee is the manager of our manager-managed LLC. Our mortgage broker said that the transferee being manager works and I tend to agree based on the "controlled by" language and my own research on the topic (which is consistent with the advice from our broker). 

    That being said, if you have direct experience to the contrary I would much appreciate you letting me know! 

  • Member since 2022 · 8 posts · 3 votes
    3y
    Quote from @Basit Siddiqi:

    You will need to keep track of each person's basis in the partnership which gets complicated when you contribute property that is subject to a mortgage.

    distributions from an LLC to a member for the purpose of doing a refinance(which would then be contributed to the partnership)...Basis calculation nightmare.

    Best of luck


     This is very helpful, thanks Basit. We will need to put thought into the refinance piece in particular. 

    Don't be shocked if we try to recruit your services! 

  • Austin, TX · Member since 2019 · 5k+ posts · 5k+ votes
    3y
    Quote from @Basit Siddiqi:

    You will need to keep track of each person's basis in the partnership which gets complicated when you contribute property that is subject to a mortgage.

    distributions from an LLC to a member for the purpose of doing a refinance(which would then be contributed to the partnership)...Basis calculation nightmare.

    Best of luck


     Can you give us a (2023) cost range for maintaining the records and doing the calculation, or is that rolled into another service.

  • Lender · Seattle, WA · Member since 2014 · 2k+ posts · 899 votes
    3y

    @David J Saylor III- thanks - as it sounds like you will be trying to purchase several  properties  in the future - 1) would strongly getting a  CPA  on board  with your strategy and  ask them  these  questions and for assistance when needed  ...this will allow you to have  the  immedaite  resource you can  use for help  and also  allow you to work  with someone that familair with you and your partners and plans     2)  if you plan to refinance any  properties - be aware that  fnma / fhlmc lenders  will not be able to lend to LLCs  ....good luck 

  • Rental Property Investor · Orange County, CA · Member since 2016 · 740 posts · 529 votes
    3y

    yes, I have done this with a partner. My CPA will ask me each year how much of the tax deductions go to you and to the other owner. Some years I take 100% because I need it more. And some years my business partner takes more. 
    The ownership of the LLC doesn't matter when it comes tax time for the tax deductions-- you break it apart each year how you want it. (at least this is how my CPA does it and explained it to me, so if your CPA says differently.......)

    Partnerships get tricky.... I would advise to keep simple: the owner that has the loan gets the full deduction each year. And round robin the purchase each time so you each have a title in your name and each have a loan in your name. Keeps it more simple. 

    But you can go for any creativity you want. Just make sure to track it all with your CPA and they understand what you are doing and can make sure its done how you want it. It can be confusing come tax time when you have 10 properties and tracking it all. 

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