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Updated over 5 years ago on . Most recent reply

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Frank Y.
  • Lender
  • Philadelphia, PA
72
Votes |
225
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Borrower change from LLC to C-Corp impact on current mortgage

Frank Y.
  • Lender
  • Philadelphia, PA
Posted

Hello all: We lent money to a LLC (two members) last month, and now the LLC wants to change its structure to C-Corp. What impact do we have to our current Mortgage and Note, or what do we (private lender) need to do? All inputs are very much appreciated.

Thank you. 

Frank

Most Popular Reply

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Jeff S.#4 Private Lending & Conventional Mortgage Advice Contributor
  • Lender
  • Los Angeles, CA
2,196
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Jeff S.#4 Private Lending & Conventional Mortgage Advice Contributor
  • Lender
  • Los Angeles, CA
Replied

I assume you mean that they are keeping the LLC intact and merely changing its tax structure. If so, this has no impact on you, @Frank Y.. The LLC still owes you the money and all personal guarantees are still valid. You need to do nothing.

Read here from the IRS: LLC Filing as a Corporation or Partnership

It's a different story if you're saying that they are dissolving the LLC and forming a brand new entity. In this case, your loan would become due and/or the new entity would assume the loan. I doubt that's the case from what you wrote.

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