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Updated 11 months ago on . Most recent reply

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Casey S.
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Nesting an LLC after closing & legality

Casey S.
Posted

Hello! After buying a property via DSCR loan with an un-nested LLC, can I legally move that LLC into my corporate structure so it would be owned by a nested LLC? I've been told that the lender wouldn't appreciate this, however, if it's legal to change the LLC's ownership after closing, I'd consider it. The whole point of setting up my layered corporate structure was for asset protection, so I'd like to use it, if at all possible.

For background info:

*I have a trust that owns a holdings LLC, and that holdings LLC owns my operating LLC. This is the nested LLC I initially planned on using for this property purchase.

*However, when I made it clear to mortgage brokers that I did not want the DSCR lender nor the servicer to report to the credit burueas or impact my DTI, they said that they could accommodate that as long as the loan docs and the title are in the name of the LLC (borrower = LLC, not me personally).

*However, then we hit a snag with the fact that the purchasing LLC is nested within my corporate structure (owned by another LLC or trust).

*So, I had to spin up a new, un-nested LLC just to get the deal done.

*Now, I am left wondering how I will ever be able to pull that un-nested LLC and the property It owns into my corporate structure so it's ultimately owned by my trust. If anything would happen to me and I'd die. I'd want the business to be inherited by my family.

What do you all think? Can I legally change the un-nested LLC's ownership after I close on this property?

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