Skip to content
×
PRO
Pro Members Get Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
Private Lending & Conventional Mortgage Advice
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated over 3 years ago,

User Stats

6
Posts
1
Votes
Dima R.
1
Votes |
6
Posts

LLCs & mortgages from a new investor

Dima R.
Posted
Hi all,

First, a huge thank you to BP and the entire community. I just started my REI journey and have found the BP community immensely helpful. Thank you all for what you do.

I have a few related questions regarding LLCs with which I was hoping you could help. As background, I have a low net worth as I'm just starting my career, but a high income job that I worry exposes me to liability. I'm interested in owning LTRs through LLCs both for asset protection and anonymity benefits.

Question 1: How can I best obtain a mortgage on a LTR that I'd like to own through an LLC? I understand that the options include:
1) obtaining this as a personal mortgage and then moving the property to an LLC, with the potential problems of a) triggering a due on sale clause, b) piercing the veil if I'm actually paying the mortgage, potentially negating asset protection benefits , and c) title insurance complications
2) obtaining this as a personal mortgage and then moving the property to an LLC, and hoping for the best that the lender doesn't act on the due on sale clause. I'm surprised by how frequently this seems to be people's solution. Am I missing something about the risk that they're assuming?
3) avoiding the above problems if the loan is held by Fannie Mae because of updated guidance since 2016 (https://servicing-guide.fannie...), so long as I solely own the LLC. Though there seems to be similar guidance from Freddie Mac, I continue to see posts, including on this forum, that seem to suggest that nearly all conventional mortgages do have such due on sale clauses.
4) obtaining hard money or other loans that don't have the above requirements.

Are there options that I'm missing in considering the above, or a mistake in how I'm thinking about this?

Question 2: If the solution to the above is option 3 (i.e., that this is allowed for Fannie/Freddie conventional mortgages), what options exist if instead I want to purchase a property through an LLC with a business partner?

Question 3: Is the longer term solution for the theoretical LLC that I control to own multiple assets, in which case they and their cash flow would be considered by mortgage lenders for future mortgages?

Loading replies...