Refinance an investment property purchased with cash thru an LLC

[Bryan K.]

Hi all, 

2 of my business partners and I are set to close on an investment property in Chicago next Friday.  The seller already had an all-cash offer, and it was a great deal, so we looked for a way to beat out the other offer.  As a result, one of my partners arranged for a 4% loan from his mother for the full purchase price, which we used to make an all cash offer.  

The plan is and always has been to do a rate and term refinance through a bank after 1 year.  This seemed simple enough when we intended to purchase the property as tenants in common.  As an additional caveat, our plan is also to eventually do cosmetic renovations in 3-5 years when the rental market has matured a little bit and we can significantly increase rents.  It would be great to be able to do a cash-out refinance after doing the reno.  

Anyway, yesterday, my friend's mother insisted that we purchase the property through an LLC (shes a long time real estate investor and refuses to operate without an LLC). She also insists on having a lien on the property during the 1 year loan. After doing some research, I've come to realize that refinancing through an LLC is both complicated, and will result in a higher rate. I see there being 2 options if we purchase through an LLC:

1) Refi through a portfolio loan at an adjustable rate.  

2) Deed to an individual member of the LLC, refinance at fixed rate financing through conventional loan, then deed back to the LLC.

Does anyone have experience with this? Does it complicate things that there are 3 members in the LLC? I've heard that conventional loans prohibit this type of transfer activity; does a lender have any recourse if you transfer this loan back to the LLC? What impact could private lender's lien have on a future loan (assuming she drops the lien when we refi)?

Obviously the end goal here is to get fixed rate financing at the most competitive rate. I realize the LLC complicates that, but any other advice for how to best proceed would be much appreciated. If you could provide a step-by-step (including the time component i.e. 6 months seasoning), that would be amazing. Thank you!

[Michael Facchini]

I recommend a month in advance....IE when the loan process is started, give or take....but we've done it a few days before closing too.  Depends on the scenario.....but either way should be able to get this done without much issue.

That said, you technically should not quit claim back to the LLC after closing. This would be a breach of the Mortgage and the loan could be called due if this info surfaces. Just an FYI. Fannie/Freddie do not allow LLC's. You'd have to ask your accountant and attorney about the benefits of an LLC on this property too. If it's for liability, you might want to research umbrella policies. Not saying to do it one way or another, but worth the conversations and research.