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Updated almost 6 years ago on . Most recent reply

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Joe Osborne
2
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10
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Partnership structure to allow future refi for one partner?

Joe Osborne
Posted

First time posting for advice so lemme know if I'm missing anything (and if I got the wrong forum category). Don't go easy on me. I plan on consulting an RE Atty, but thought I could score some basic insights here first.

I'm considering entering my first partnership for a buy/hold with 2 other people. LLC will be formed, and they want to purchase in cash, all partners equally contribute to purchase. The property will cashflow, each partner will split evenly. I have the cash to purchase, but asked if they'd be ok if I refi'd later to access my equity. Their original goal was to hold it free and clear so are hesitant, but we're going to meet soon where I'll have a chance to offer a solution.

My question is, what is the best way I could structure things to limit their liability from my own lien?

Here are my first thoughts:

- set up a separate account under the LLC that auto-pays my monthly before I get anything

- hold enough balance in that account to pay for any possible vacancy periods

- I'll pay and put in the time for both any legal addenda necessary, and to set up this 2nd account if they want it separate from the main LLC account

- or maybe there is a broader structure that keeps my lien out of the LLC entirely?

- or I'm coming at this all wrong. School me.

Thanks in advance for any assists!

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