Originally posted by Jason Elbers:
I am currently in the same position as Maryann. I have good credit and little extra money, he has money but poor credit. Our plan is to have him "loan" me the money we would need to finance our first flip, and I would open a bank account in my name for the money to season (60 days).
I would finance the property in my name, then immediately quit claim it to our LLC. I believe I can do this with 3 properties at any given time.
Will this approach work, and is it a good approach?
Are there any other ways to accomplish this that we should consider?
Thanks for any help.
This is possible, however, you should consider a couple of things.
1. Since you're the only guarantor of the mortgage, you have more skin in the game becuase you stand to lose more than the principal in a default scenario. With payment penalties, legal fees, foreclosure costs, you might be stuck with these costs as the guarantor.
In your LLC operating agreement, you should plan for the worst with the worst being that all partners are responsible for repayment of all debts including those that are guaranteed separately and outside of the partnership.
2. Since the risk factor is greater for you, I suggest you get a larger percentage of the profits.
3. When you transfer title to a partnership (LLC), you might be adding additional risk if your partner has creditor's trying to extract payments on bad debts or even a judgment.
Another way for you to do this is a joint venture agreement. You and your proposed partner have separate LLC's where both enter into a joint venture agreement. Example:
LLC A (you) and LLC B (your partner)
LLC A holds the property with LLCA and LLCB co-managing and financing the rehab and resale of the property. The priority of payment goes, loan balance, rehab costs, carrying costs, selling and closing costs, then splitting of the proceeds, if any.
Since your LLC holds title to the property, then you avoid the risk of passing equitable interest onto your partner through the transfer to a partnership.
CYA, anytime you partner up.