Just secured a duplex through a private lender.

Just secured a duplex through a private lender.

Rental Property Investor · Joplin, MO · Member since 2017 · 66 posts · 9 votes

Hello,

I just secured my second property in Milwaukee, which is a duplex. My first deal was a single-family home under bank financing, and it's been working really well for the past year that I've had it. 

This duplex will cash-flow well and it's in a C-class area. I'm looking for some advice on structuring the deal since closing has not yet occurred. The private investor I'm working with is financing this property to me at 8.5%, so I'll be refinancing in a few years after I build up enough equity. I'll then transfer the property to my LLC once I refinance. My question is this - would it be best to have my private lender buy the home in cash and sell it to me on a land contract, or would it be best to have him send me the funds and I pay him on the loan? We will be writing up legal contracts, of course. If he sends me funds in the amount of the purchase price, how will that look to the government? Is it considered a gift? Can I be taxed on that amount? This is basically a choice of seller-financing or a private money loan.

Lastly, what all should we do to structure the legal contracts and everything? Should we talk to a title company and a real estate attorney? What all should we have in place to make sure this goes smoothly? The home will be placed in my name and all taxes, insurance, and repairs will be covered by me.

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  • Burleson, TX · Member since 2009 · 37 posts · 33 votes
    6y

    @Corbin Jones

    Why don't you just buy the duplex in your LLC and have the private lender fund the purchase with a first lien?

    This seems like a simple, straight forward relationship.

    Am I missing some problem you're trying to work around?

  • Rental Property Investor · Joplin, MO · Member since 2017 · 66 posts · 9 votes
    6y

    @Jared Wilson thanks for the response!

    I actually don't know the best way to structure it. I would like to refinance into a conventional residential bank loan (30-year), so that's why I'm not putting it in the LLC from the start. That being said, you have any recommendations?

  • Burleson, TX · Member since 2009 · 37 posts · 33 votes
    6y

    @Corbin Jones

    I think the risk of liability from tenants or other slip and fall accidents or maybe you are in some other lawsuit and get a judgement against you personally, all point to having your assets in an LLC not your name personally.

    You could always deed the property to your name personally to refinance then put it back in the llc.

    But you have already found someone willing to finance in an LLC so start with the deed there where it's probably best.

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