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Updated over 6 years ago on . Most recent reply

Amanda Davenport's profile image
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Amanda Davenport
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Private Lending & Conventional Mortgage Advice

Being a lender to your spouse or spouse's LLC

Amanda Davenport
Posted

Hello! My husband currently has a home that is financed with an FHA loan and requires PMI and I currently have the cash to finance the mortgage. I have been looking for investment opportunities and just thought why not lend to my husband. Is that legal? We are wanting to transfer the home to an LLC as well if that makes a difference. Is there a reason I wouldn't want to do this that I am missing?

Thanks in advance for any advice!

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Stanley Bronstein's profile image
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Stanley Bronstein
  • Attorney, CPA, Broker & Author
  • from Scottsdale, AZ
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Stanley Bronstein's profile image
Stanley Bronstein's profile image
Stanley Bronstein
  • Attorney, CPA, Broker & Author
  • from Scottsdale, AZ
  • Member since Oct 10, 2018
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Stanley Bronstein
  • Attorney, CPA, Broker & Author
  • Scottsdale, AZ
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Stanley Bronstein
  • Attorney, CPA, Broker & Author
  • Scottsdale, AZ
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@Amanda Davenport and @Caleb Heimsoth.  Self dealing prohibitions apply to loans from retirement accounts, such as IRAs and 401ks.  

https://www.trustetc.com/self-directed-ira/rules/disqualified-individuals

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