Originally posted by @Nicole A.:
A separate LLC for each property is overkill. And a lot of extra work. And paying for multiple businesses. It really doesn't protect you much. Especially if you have a mortgage on these properties anyway, if someone sues you and manages to win, what are they going to get out of you if you have hardly any equity in your properties?
This is very dangerous advice, and draws a faulty conclusion.
Firstly, you need to understand the purpose of an entity is to protect assets, and insulate your personal assets from your business assets. I have written about a dozen posts on this topic, and before you take anyones advice (including mine) please take a little time and consult a business attorney that specializes in real estate transactions, many will do this for free or a flat fee.
Some things to keep in mind:
1) Any lawsuit against a business/individual that is awarded, (meaning the person suing wins a judgement), places ALL assets available in that business/individual to fulfill the judgement.
(Example: You/business is sued for $600K. Judgement is awarded for that amount. Everything in that business/personal assets, will be seized/liquidated AT MARKET VALUE, to pay the judgement. If you have 20 properties in a single LLC or personally, the judgement is against all of them, if you have only 1 property in an LLC they can only go after the 1 property. If the judgement is not fulfilled, the remainder is held against the entity sued, nothing else.)
2) A lawsuit can only be against 1 person/entity. So if you have 5 properties 1 in each LLC, a lawsuit can only be against 1 of them. Now this does not stop someone from filling multiple lawsuits against each one, however, how would they know about them?
3) There are tons of ways to get property financed through banks or lending institutions and still protect your property in an entity. If the bank your talking to doesn't or won't, find another.
4) There are dozens of real estate strategies on how and when to use an entity for asset protection, more than I could list here or am qualified to do so, and also will vary based upon your risk tolerance and type of transactions your doing.
5) Insurance and Entity's are totally separate things and work completely different. Proper use of both insurance and entity asset protection are needed to properly protect your investments.
In closing, I am not an attorney. And nothing I have said should be construed as legal advice. I HIGHLY RECOMMEND that you consult with one BEFORE making an decision that could expose you to serious legal and financial liability.