Quote from @Jeff Stevenson:
Hello BP crew,
I'm a new investor about to close on my first property in Albuquerque. I'm financing it as a second home (since I'll occupy some of the time and rent out when I'm not there), through a conventional mortgage. My question is about holding the property under an LLC, as opposed to holding it under my name. I see so many articles about the protective benefits of doing this, but my lender (and other lenders I've asked) say that residential mortgages cannot be held under LLCs (only commercial mortgages can), and that doing so can cause your entire loan to be called at once under penalty of foreclosure.
So are investors just doing this illegally, assuming their loans will never get called...or is there something I'm missing?
My lender advised me to run my investing business as an LLC, keep the property in my name, and then put both the property and the LLC in a trust. Does anyone have experience with this strategy?
Many thanks!
Howdy @Jeff Stevenson
While I don't have experience yet with that specific strategy and do not know anything about your business organization, I also am just starting out and this is very similar but not exactly identical to advice I recently received from a qualified professional.
Other things to consider,
1. LLCs are cheap in New Mexico ($50, plus registered agent fees)
2. This would then allow you to start establishing a business identity (obtaining an EIN, business checking account, et al.)
3. Depending on your future lender (assuming you are buying more than just one property) some required multiple years of the business operating before that income can be credited towards your income, others will credit the income the property gets at a discount (70% of the rental take, the day the property was bought.)
Now for stuff I don't have personal experience with, yet.
1. I have heard anecdotes about how doing a quick claim deed later, the county might consider that a sale, and re-evaluate your property taxes. At the moment, I believe it is limited to a 3% increase per year by the county. There is a potential risk, that if you do the transfer years after buying the property, you will be at a disadvantage on property taxes.
2. Small business owners that I am aware of (not real estate), who didn’t have business accounts, EIN, and such set up prior to the COVID relief funds weren’t eligible to even apply.
Please let us know what you ended up doing.
Also, thank you @David M. for posting that link.