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All Forum Posts by: Jingru Sui

Jingru Sui has started 25 posts and replied 649 times.

Post: Form an LLC to purchase my girlfriends property?

Jingru SuiPosted
  • Real Estate Agent
  • Atlanta, GA
  • Posts 683
  • Votes 317

Never thought about it like that. interested knowing what other people thinks!

Post: Have anyone use Trust to protect yourself from being sue by TT?

Jingru SuiPosted
  • Real Estate Agent
  • Atlanta, GA
  • Posts 683
  • Votes 317

Hi Friends from the forum. I recently ran into some title transfer issue with my lender. We just closed on our first rental house less than a month ago. lately I've been thinking about all the legal issue that can potentially harm us since my name is on the title. I also have my primary residence under my name. Called my lender and they are not allowing transfer title to a LLC. I heard people telling me even though most of the loan have due at sell clause doesn't mean the bank will enforce it. I'm don't want to cause any problem in the future with my lender. They mention they will allow title transfer to a trust.

Have anyone had the same problem? Have anyone of you use a trust for protection before and what's the pros and cons?

TIA!

Tina

Post: How to transfer title for my rental property from me to my LLC?

Jingru SuiPosted
  • Real Estate Agent
  • Atlanta, GA
  • Posts 683
  • Votes 317
Originally posted by @Account Closed:

Something that will help shed some light on this is reading Garrett Sutton's book "Start Your Own Corporation" as well as Robert Kiyosaki's "Rich Dad's Guide to Investing".  On page 245 of this same book (Kiyosaki's) I'll quote him, "If you are serious about doing business, then you do NOT want to do business as a private citizen.  That is too risky, especially in this day and age of lawsuits."  Now, there's probably going to be some push back on my response, but it's something to seriously think about.  You say that you're just starting out so proceed cautiously with what you may be inclined to dismiss.  Garrett Sutton (the tax professional that actually does Robert Kiyosaki's taxes) actually has a few issues with some of the very advice that you've been given in other responses on this thread.  In the end, you're going to have to research for yourself and 2 of the resources I strongly recommend you read are the 2 books that I mentioned.  They're multi-million dollar investors and tax professionals and they're content is spot on.  I'm half way through "Start Your Own Corporation" and it's a real eye-opener.  You're obviously dong some due diligence being on here and posting that question and I encourage you to continue your due diligence.  Very smart.  Since Garrett Sutton's advice speaks specifically to some of the advice you've been given here, I'd can't encourage you enough to at least read the book and take his advice into consideration.  I'm taking the time to read the entire Rich Dad series by Kiyosaki and more of Garrett Sutton's books.  Recommending a umbrella only approach may not be a sound decision, but again, it's your choice.

Thank you sooo much for your recommendation!! I will for sure read the books. I read "rich dad poor dad 2 month ago" I agree with what you said 100%. I think I probably should have set up an LLC and do all the DD before close on the rental! After talking to my lender and they clearly oppose to transfer title out of my name I'm running out of ideas of how to do this legally and cost effectively.

They did mention they allow transfer the title to a trust. Have anyone done this and know the pros and cons?

Any suggestions are highly appreciated. :)

TS

Post: How to transfer title for my rental property from me to my LLC?

Jingru SuiPosted
  • Real Estate Agent
  • Atlanta, GA
  • Posts 683
  • Votes 317
Originally posted by @JD Martin:
Originally posted by @Jingru Sui:
Originally posted by @JD Martin:

Did you know you can just get a large liability insurance policy, and a personal umbrella policy? I have such that covers me @ $4 mill per property. I can't see any type of gross negligence on my part that would wipe out more than that in a lawsuit. 

Thanks JD for your input! No need to transfer title to LLC? just having a large liability insurance and a personal umbrella policy? Could you tell me more about how this works? Thank you!!!

 Sure. Just take out the maximum liability on the property that your insurer allows (mine allows 2 mil). You have to have insurance anyway, so you just increase that part of it. When I got too many rentals for the PUP to cover it I moved all of the rentals to another insurance company and maxed out those limits. My PUP still covers me on losses beyond that amount up to my insured level, which is another 2 mil. 

 Do you have a good insurance company to recommend?

Thanks!!

@Kyle Bryant Just get off the phone with them and they told me they can accept transfer the title to trust but not LLC. It's really hard to say what they will do but I don't want to run into problems in the future. especially they kinda already know I have this idea of transferring. Not sure what to do at this point. Are you familier with putting the property to a trust?

Originally posted by @Kyle Bryant:

@Jingru Sui This isn't legal advice, etc. etc....but

It's fairly easy. Just sign a general warranty deed transferring the property to your LLC, and record the transaction in your county clerk's office. I would stay away from Quitclaims if possible, because title insurance companies won't insure them. But whether such a move is advisable is a different question (and one that is sensitive to your own personal situation). A lot of it depends on what your relationship to the property is right now—i.e., do you own it outright? Is there a mortgage on the property? Does the deed of trust or mortgage note have a due on sale clause? Are there partners involved? The answers to questions like these may affect the answer to your question. If you have a lawyer, ask him or her. If not, an astute Googler could probably find the answers.

 @kyle, Thanks for your response! I just closed on a rental which has a conventional loan that's under my name . Just talk to my lender I do have a due on sale clause. The title is under my own name as well. I want to just protect myself from being sue by the tenant.

Post: How to transfer title for my rental property from me to my LLC?

Jingru SuiPosted
  • Real Estate Agent
  • Atlanta, GA
  • Posts 683
  • Votes 317
Originally posted by @JD Martin:

Did you know you can just get a large liability insurance policy, and a personal umbrella policy? I have such that covers me @ $4 mill per property. I can't see any type of gross negligence on my part that would wipe out more than that in a lawsuit. 

Thanks JD for your input! No need to transfer title to LLC? just having a large liability insurance and a personal umbrella policy? Could you tell me more about how this works? Thank you!!!

Post: How to transfer title for my rental property from me to my LLC?

Jingru SuiPosted
  • Real Estate Agent
  • Atlanta, GA
  • Posts 683
  • Votes 317
Originally posted by @Rick S.:

@Jingru Sui talk to a local real estate lawyer as they will help with the process. Please keep in mind your bank will not likely allow the mortgage to be changed to the LLC name, however you can still transfer the title but be aware of the due-on-sale clause. I would also recommend looking into an umbrella policy if you haven't already as we did both, the umbrella and title transfer, on our most recent rental.

 Thanks Rick!! Will do! It's my first rental and what a learning process! Appriciate your help!!

Post: How to transfer title for my rental property from me to my LLC?

Jingru SuiPosted
  • Real Estate Agent
  • Atlanta, GA
  • Posts 683
  • Votes 317
Originally posted by @Eddie Memphis:

Do you own the property? If you have a mortgage you will need to contact the lender to see if they allow it. If you own it, you may be able to quitclaim and file the transfer but there can be problems there as well.

You need a lawyer. It is worth the money spent to have your questions answered specific to your location and situation.

 Thanks Eddie for your response! I do own the property. Everything is currently under my name.

Post: How to transfer title for my rental property from me to my LLC?

Jingru SuiPosted
  • Real Estate Agent
  • Atlanta, GA
  • Posts 683
  • Votes 317
Originally posted by @Account Closed:

Out of curiosity, are you referring to possible asset protection when you state "max protection"?

 Yes! Protect myself from renter etc.