Skip to content
×
PRO
Pro Members Get Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here
Pick markets, find deals, analyze and manage properties. Try BiggerPockets PRO.
x
All Forum Categories
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

All Forum Posts by: Kevin S.

Kevin S. has started 22 posts and replied 379 times.

Jeffrey, just curious why the transfer?  Thanks.

Post: Advice on a potential deal!!!

Kevin S.Posted
  • Posts 382
  • Votes 232

Are you buying to live in it or for investment purpose?  For investment purpose the formula is :(ARVx70%)-estimated repair cost=Maximum purchase target. To live in it, the end price still has to justify the time, hassle and out of pocket cash(if that's what you will do) you put in it.   

Thank you David. Here in Florida a million$ umbrella policy cost about $1300 annually. Not sure how much LLC cost annually. Should that cost comparison be a factor to choose one over other? Thanks.

Hi Mike, are you saying get an umbrella policy instead of LLC? Is it less expensive? Is umbrella policy for investment property different than personal umbrella policy? I am new to REI and looking to buy my first property. I already have an umbrella policy. Do I need additional policy for the first property? Thanks.

Post: LLC and spouse.

Kevin S.Posted
  • Posts 382
  • Votes 232
Quote from @Chris Seveney:

@Kevin Si

When to have a LLc.

1. Commercial properties

2. If you buy it upfront in the LLC. If you start an LLC, put $100-500k cash in it and then have the LLC buy it then yes that can provide some further asset protection

But what most people do is buy it in their name because they don’t have the money to start a business and then just transfer it later. If you do it correctly then yes it may have some benefit but it’s all about doing it properly. BUT it is not mandatory. As what can you be sued for that insurance would not cover?

If someone says discrimination well you will still get sued personally as well as YOU personally would be the one who discriminated. If it was your PM then your contract should have a very good indemnification clause (which most people do not read or understand so they could still be screwed there)


Thank you Chris. Would the same still hold true if someone was starting out buying first or second property (SFR) but is a high net worth individual? i.e still buy under personal name even though he/she is a high net worth individual?

Post: LLC and spouse.

Kevin S.Posted
  • Posts 382
  • Votes 232

You are right.  That's the reason for me posting questions here.  Thanks.

Post: LLC and spouse.

Kevin S.Posted
  • Posts 382
  • Votes 232

Garret Sutton's book is the reason I am looking to create the LLC. I do appreciate your in depth response. Thank you.

Quote from @Devin Peterson:
Quote from @Kevin S.:

Hi everyone. Need some advice from lenders as well as experienced investors. I am getting ready to choose my lender from several I spoke to. Should I choose only one lender to qualify me or more than one? How will my credit be affected if more than one lender do hard credit check? Is it true that multiple lender can do hard check within 45 days without affecting my credit? If so, how many hard checks? Experienced investors, please share how you guys navigate this especially when you buy multiple properties in a year. I am looking to buy my first investment SFR property.

Also, how do I go about it when I have a freeze on my credit?  Can I unfreeze it only for few minutes or hour while lender do the check?  I haven't applied for any loan/mortgage since I put a freeze on my credit.  Don't know how it's done.  Thanks in advance.


 Kevin,

Definitely only stick with one lender. You will not want more than one person to have to pull your credit. It's okay to spend some time upfront shopping around for ideas but I would definitely recommend that you do not fill an app with more than a few, and DEFINITELY don't let them all pull your credit. Every time a hard inquiry is tracked it will raise more flags and questions for you in the long run. Your score will be affected just slightly, but enough for the end lender to trace back and possibly condition for all of these credit pulls with other institutions. You cannot have a freeze on any accounts when your file is into underwriting. Most DSCR investment lender will want a fill tri bureau credit check so they need access to all of your scores. Finally, if you haven't already found out by now - DSCR loans will be the type of loan program you will want to be preapproved for. There are no income checks, DTI, taxes, or W2s involved. This is the best product for investors that allows for the easiest preapproval and underwriting process. Happy to connect and help answer any more questions. Good luck!


 Thank you Devin for your response.  I see that you are a broker rather than lender.  I raised the question of broker vs lender to my lender : "tell me why should I choose lender and not a broker".  

He (of course) told me it's better to go with lender directly because there is no third party to deal with, things go faster, they know what products they have, they have all products suited for all type of investors, they have the ability to tweak underwriting since they are the lenders, less cost to me since only lender fee involved vs broker fees plus lender fees, so on and so forth. Since you are a broker would you dispute that?  TIA.

Post: LLC and spouse.

Kevin S.Posted
  • Posts 382
  • Votes 232
Quote from @Chris Seveney:

@Kevin Si

As

Others mentioned skip the LLC and save money and just keep it in your name . The LLC is one of the most overused and misunderstood things in real estate

It's supposed to act as completely separate from you. Look at it another way, would anyone else buy a house and give it to you for free and pay the mortgage (that is what you are doing when you give your LLC a home)? Since I think we can all agree on the answer as no - a court would not look at that as an arms length transaction and thus give you zero asset protection (note not a lawyer just someone with some common sense)


Thanks Chris. Is there not even one (or two) reason to own it under LLC? If there is, what would that one (or two) reasons be? Trying to figure out if one those reason(s) apply to me.

I have seen comments from both sides, for and against LLC. Hoping to hear from investors who had LLC and lost in court as well as successfully defend lawsuits because of LLC. And hear from investors who did not have LLC and were still able to defend against lawsuit as well as lost in court because of not having LLC. Any one of the above who were for or against LLC and had to change their strategy 'after' a lawsuit. By lawsuit I meant major lawsuit, not minor slip and fall settlements. Thanks.

Post: LLC and spouse.

Kevin S.Posted
  • Posts 382
  • Votes 232
Quote from @Devin Peterson:
Quote from @Kevin S.:

Hi everyone, I am about to create my first (Florida) LLC. My first investment property will be a SFR and loan will be on my name only (income reason). I was told by one lender that the property has to close on my name and transfer to LLC 'after' the closing. In order for the loan not to be called out the LLC has to have me as majority interest. What does that mean? My spouse will be minority interest? Not sure how my spouse will look at it. How do I go about it? Appreciate any advice I can get. Thanks.


You dont NEED an LLC perse, if you are using a full business purpose lender that will not close in the personal name, then that specific lender will have whats called an overlay and closing in the LLC / business name is one of those requirements. There are other DSCR lenders out there that do not mandate that you close under the business name. I will say that the one reason most people want to close under the business name is that a good chunk of DSCR lenders will not report this debt to personal credit. Which means, since its under the name of the business - next time your credit is run the next lender will not see or ask about the debt.

Thanks for your response Devin.  I forgot to mention that the loan is suppose to be a conventional loan not DSCR.  What is an overlay?  Since I am a new investor neither was I aware of DSCR-credit effect nor is that my intention of closing under LLC.  I am trying to find out why one lender told me to close under personal name and transfer to LLC after closing and another told me I can close under LLC.  Both lenders know I will be applying for conventional loan. The lender who told me to transfer 'after' closing also informed me that the LLC should have me as a majority interest or else the loan can be called out.  Since I am married and will have my spouse on the LLC does it mean my spouse will be minority interest in order to satisfy the previous lender's requirement of majority interest? (Loan will be under my name only because of income reason) I am new and still learning from members here.  Thanks.