Rental Property Investor · Columbia, MD · Member since 2019 · 52 posts · 64 votes
Question for anyone who may know the ins and outs of this. I'm in the process of doing a blanket refi on two of my properties that are owned by my LLC. The bank is setting it up as a commercial loan where the LLC is the borrower and I am the guarantor. My loan officer suggested that I can avoid the county recordation tax (approx. $1200) by doing what's called an "Indemnity Deed of Trust" (IDOT), where I basically become the legal borrower IF the entity defaults. Since the debt has not yet been incurred there is no recordation tax due. Apparently this is a loophole in Maryland law that allows people to avoid the tax. The question I have is what are the drawbacks of this, if any? One question I already asked is whether the debt can stay off my personal credit report if I go this route. Still waiting on the bank for an answer.
Rental Property Investor · Derwood, MD · Member since 2016 · 46 posts · 17 votes
6y
Phillip I'm in the same position on a property in Anne Arundel county MD. Seems the IDOT is the only way around the transfer taxes for me since my loan is not commercial. It's in my name. The bank expected me to transfer the property in to my personal name and thus incur $5k in recordation taxes. I'm asking them to do an IDOT and leave it in the LLC. Otherwise I will have to seek a commercial loan and pay a higher rate. How did you move forward?