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All Forum Posts by: Megan Templeton

Megan Templeton has started 0 posts and replied 209 times.

Post: Attorney recommendations in Dayton OH?

Megan TempletonPosted
  • Attorney
  • Birmingham, AL
  • Posts 220
  • Votes 83

@Orlando Osuna I would love to chat and help you out with any further questions you may have. Feel free to connect with me!

Post: Is LLC a good idea for investment in crowdfunding projects

Megan TempletonPosted
  • Attorney
  • Birmingham, AL
  • Posts 220
  • Votes 83

Yeah, I would recommend investing through an LLC. Crowdfunding can be a low risk activity but its good to have the extra layer of personal proection with an LLC. It can also help streamline your oeprations such as accounting and could possibly open up tax benefits. LLCs can be easy to set up and maintain so I would do it to have the extra piece of mind that comes with using your own LLC in conjuction with the GP/LP structure in place for most crowdfunding.

Post: Transferring properties into my LLC

Megan TempletonPosted
  • Attorney
  • Birmingham, AL
  • Posts 220
  • Votes 83

The St. Germain act allows you to transfer some properties without triggering the due on sale clause. There are limitations around the type of loan you have, how many units the property are, etc. If you have a property that complies with the st germain act, (a loan for an asset with 4 or less units that is transferred into one of several exceptions - most common used is a trust), then you are in the clear. Most lenders dont care as long as the note is performing but the st gertmain act does provide porection, in some instances, for you in the event you do transfer. My experience is that a candid conversation with your lender on this will often result in permission to transfer as well.

Post: Form LLC for the rental property?

Megan TempletonPosted
  • Attorney
  • Birmingham, AL
  • Posts 220
  • Votes 83

Hi there! Stats say that if you are an investor for more than 10+ years, you have a 90% chance of being sued at some point. For long term investors, its not so much of if you will be sued, but when. While insurance is a good first line of defense, it is not conclusive. Insurance ompanies are a business and inside of that looking to mitigate costs. In doing so, they will often find reasons to not pay out on a claim. If thats the case for you, you want a true line of defense in a lawsuit - thats where an LLC comes in. An LLC separates you from your business so that if your are sued, your personal assets arent at risk. There are always ways to mitigate business liability by seperating out assets. Using an LLC not only provides liability protection but can open up opportunities for you for working with 3rd parties such as lenders or partners who require an LLC. If your LLC is set up correctly, the operations and financial pieces of it can be minimal and easy to manage. I recommend using a streamlined structure such as a series LLC to minimize bookkeeping, banking, etc. It is recommend that you put only one proeprty per LLC to minimize liability. If you have all proeprties in one LLC, they are in one "liability bucket" so if one property gets sued, the other(s) are at risk. For that reason, I would recommend one LLC per property or using a series LLC which is scalable. The series LLC will allow you to put on property in each child series so liability is minimized.

Post: How to pay rent and avoid piercing the LLC veil

Megan TempletonPosted
  • Attorney
  • Birmingham, AL
  • Posts 220
  • Votes 83

Hi Chad - until the property is in the LLC, the cleanest way is to distribute the funds from the LLC account to yourself individually as an owner distribution, and then pay the mortgage directly from you. Sorry for any confusion! Happy to hop on a call to chat through specifics if you have any other questions.

Post: LLC Formulation and Due on Sale Clause

Megan TempletonPosted
  • Attorney
  • Birmingham, AL
  • Posts 220
  • Votes 83

There is some truth to what the host stated but there are points to be aware of around it - The St. Germain act allows you to transfer some properties without triggering the due on sale clause. There are limitations around the type of loan you have, how many units the property are, etc. If your loan is transferred, the lender would likely be updated on any title changes. However, if you have a property that complies with the st germain act (a loan for an asset with 4 or less units that is transferred into one of several exceptions - most common used is a trust), then you are in the clear. Most lenders dont care as long as the note is performing but the st gertmain act does provide porection, in some instances, for you in the event you do transfer. My experience is that a candid conversation with your lender on this will often result in permission to transfer as well.

Post: Request for recommendations for real estate lawyer

Megan TempletonPosted
  • Attorney
  • Birmingham, AL
  • Posts 220
  • Votes 83

Hi there! @Julie Jonsson

Royal Legal Solutions is a great resource for what you are looking for. They have attorneys and CPAs on staff to assist with entity structuring, business planning, and tax planning. I am a consulting attorney with Royal Legal and happy to answer any questions you may have.

Thanks,

-Megan

Post: Attorney recommendations in Dayton OH?

Megan TempletonPosted
  • Attorney
  • Birmingham, AL
  • Posts 220
  • Votes 83

Hi there! @Orlando Osuna

Royal Legal Solutions is a great resource for what you are looking for. They have attorneys and CPAs on staff to assist with entity structuring, business planning, and tax planning. I am a consulting attorney with Royal Legal and happy to answer any questions you may have.

Thanks,

-Megan

Post: Need recommendations for Landlord Lawyers in Denver

Megan TempletonPosted
  • Attorney
  • Birmingham, AL
  • Posts 220
  • Votes 83

Hi there! @Maggie Thompson

Royal Legal Solutions is a great resource for what you are looking for. They have attorneys and CPAs on staff to assist with entity structuring, business planning, and tax planning. I am a consulting attorney with Royal Legal and happy to answer any questions you may have.

Thanks,

-Megan

Post: Attorney & Title company for Subject To

Megan TempletonPosted
  • Attorney
  • Birmingham, AL
  • Posts 220
  • Votes 83

Hi there! @Alan Negrete

Royal Legal Solutions is a great resource for what you are looking for. They have attorneys and CPAs on staff to assist with entity structuring, business planning, and tax planning. I am a consulting attorney with Royal Legal and happy to answer any questions you may have.

Thanks,

-Megan