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Updated over 7 years ago on . Most recent reply
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BRRRR Deal - Conventional vs. Commercial Loan Refi
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Ah, the age old question of to put it in an LLC and finance it via commercial or portfolio money or to hold personally and get a Fannie Mae loan? Well, in the end, there is no one size fits all answer here. The LLC does afford you some level of protection and depending on how the LLC is taxed (as a partnership or a Sub S election) there may be some advantages that way as well?
Now, any good attorney can pierce the shell of the corporation and thereby get to you and your personal assets in most cases. So in cases of this nature, the theory that the LLC gives you protection, may not always be the case? But in most cases, yes it can give your personal assets protection
If you do hold them in your personal name, I would suggest that your insurance policy has the highest amount of liability coverage that you can get and that you follow that up with an umbrella policy for 1-5 million beyond that. The landlord policy and the umbrella policy both pay defense costs outside the liability limits and technically there is no limits on defense costs. However any insurance company would work to limit their defense costs by settling if they thought it could cost them more in the long run to defend it.
Now on to the financing differences. You will get your best rates and terms with a conventional Fannie Mae loan versus the terms typically available on commercial & portfolio loans. Fannie Mae has a 10 financed property rule, however with some planning, you can get around that rule and finance as many Fannie Mae loans as you may ever want. I will elaborate on that later in this thread if anybody wants me to.
The key that most borrowers are looking for is the best rates and terms without having a million hoops to jump through that is consistent and repeatable. So depending on your specific needs and desires, you will come to the best decision based on those parameters.