Originally posted by Remrie Arrie:
This is just a guess, but: It sounds like if the property/LLC and everything went south, you would be on the hook for the liabilities as an individual.
I am not sure if a bank would let you transfer the property AND debt obligations into the LLC and allow you to file only a corporate bankruptcy if the whole thing fell through. It might be tough to defend in court if it happened.
This is definitely a question for a lawyer, CPA, and your lender
Yes, I realize this. The formation of the LLC was an afterthought once the house was purchased and before the first tenants moved in.
I tried to transfer the property to the LLC but the bank of course would not go for this for obvious reasons.
As for my question, after doing some thinking, I believe I have the correct answer.
In my instance, the property was purchased with a personal loan and it still remains a personal loan and titled in my own name.
I believe that question K refers to any debt that was taken out using the LLC name and backed myself personally.
Does this sound correct?