Skip to content
×
Try PRO Free Today!
BiggerPockets Pro offers you a comprehensive suite of tools and resources
Market and Deal Finder Tools
Deal Analysis Calculators
Property Management Software
Exclusive discounts to Home Depot, RentRedi, and more
$0
7 days free
$828/yr or $69/mo when billed monthly.
$390/yr or $32.5/mo when billed annually.
7 days free. 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.
Tax, SDIRAs & Cost Segregation
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 about 9 years ago on . Most recent reply

User Stats

103
Posts
29
Votes
William Howley
  • Investor
  • Tampa, FL
29
Votes |
103
Posts

Name on title = more risk?

William Howley
  • Investor
  • Tampa, FL
Posted

Hi, I created a business and bought my first rental under the business name. I have 100% equity in the property and wanted to cash out refi the property in order to get cash our to buy another. No bank will do this because the property is in my business name so a bank had suggested putting my name on the title. 

If this is true, and the only solution, than what was the purpose of me getting a business in the first place? 

Most Popular Reply

User Stats

726
Posts
387
Votes
Matthew Kreitzer
  • Attorney
  • Winchester, VA
387
Votes |
726
Posts
Matthew Kreitzer
  • Attorney
  • Winchester, VA
Replied

I may be a little biased since I am an attorney, but as I am lacking kids to put through college as Mr. Gillette states, I think I am a great person to comment on this issue:

From a risk mitigation standpoint, which is the reason we lawyers exist, having properties in your own name can result in huge law suits for inordinate amounts of money. Failure to adequately protect yourself through an LLC would mean that the judgment creditor (person who brought suit) can sell your house, take your cars, and garnish your wages (maybe even your social security if you don't have a job).

But whether you should have an LLC depends on your risk aversion. Hire an attorney for a pittance now and save a multi-million lawsuit down the line? Your call. Call a local attorney.

Loading replies...