Originally posted by @Steve B.:
@Dale Stevens it gets worse than that. We have one very regular senior poster who has worked in government his whole life, and is so in love with big stateism he posted on one of these ubiquitous "LLC vs. Umbrella policy" threads that you shouldn't ever create an LLC for liability protection as they are inappropriate for that use and we should let the state be the moral and fiscal avatar of our culpability.
Let me say again, the Umbrella vs. LLC isn't a mutually exclusive choice. Umbrellas are so cheap that you should use one of those as a minimum, just don't get your hopes up that it is going to actually work as intended.
Lastly since this exact same topic keeps coming up every week it may be best to search for the most experienced and intelligent poster ive ever read on this exact subject. If you can find the older posts by @Jonathan Twombly related to LLC's and Umbrella policy's you will find a goldmine of erudite, concise, and abstruse knowledge he shares related to his experience. He is the only person I know on these forums who has actually litigated these cases as a Harvard trained lawyer for both umbrellas and LLC's.
The problem is everyone either focuses on whether or not an LLC provides better protection that insurance, OR how difficult it is to do everything via an LLC, but it's rare that there is a discussion on here with addresses BOTH issues.
There have been numerous cases recently, where investors have received a due on sale notification from their mortgage bank as a result of quit-claiming the deed from their name to an LLC. So be aware, that can happen.
I found that while creating an LLC isn't that complicated, getting financing through one IS VERY COMPLICATED. I talked to about a dozen banks and they all refuse to allow this unless you do a commercial loan. That means crappy interest rate, shorter terms, shorter amortization, higher closing costs, etc... you will eat a large portion out of your profit by these factors alone. And, you will be 100% vulnerable to the mercy of the prime rate, since commercial loans typically have to be re-written or refinanced EVERY 5 YEARS.
Insuring the property when it is in an LLC gets trickier and more expensive as well.
I think the bigger issue about LLCs, is not whether or not they provide additional protection - it's whether or not they are even practical to use for real estate investment.
If you're going to buy everything with cash then a lot of the complications go away (insurance is still expensive though.) However, remember that if you don't use the extra leverage of a mortgage, your actual profit/return on your investments will be dramatically lower...