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Updated about 2 years ago,

User Stats

18
Posts
4
Votes
Lindsey Matejak
Pro Member
  • Chicago, IL
4
Votes |
18
Posts

LLC Operating Agreement Question

Lindsey Matejak
Pro Member
  • Chicago, IL
Posted

Looking to chat with someone (ideally an attorney) who knows the ins and outs of LLC formation in Missouri for an urgent issue on a property I'm under contract on.

I am working with LendingOne for a DSCR loan and just learned that they will not allow any portion of the downpayment/cash to close to be from a HELOC or gifted. Since we were planning to use a HELOC for a portion of the down payment, this has us scrambling. We just formed an LLC in Missouri (just spouses as members), but haven't yet created our Operating Agreement.


Due to LendingOne's restrictions, we are now wanting to pull in a family member as a third party on the LLC to cover the portion that was supposed to be the HELOC. Based on my research, it seems we just need to include the family member on the Operating Agreement and we are good to go to avoid it being considered "gifted" funds, but I just want to verify that I do everything correctly to avoid issues with the underwriter at the eleventh hour.

Thanks in advance to anyone who is willing and able to provide some assistance!

  • Lindsey Matejak
  • Loading replies...