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Written by : Hector Mattocks
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carlton should i buy real estate in my name should i buy real estate in my llc what happens if i don't have an llc when i buy real estate i don't even know like i can't even tell you that these are the typical questions that come up by most new real estate investors and it's totally fine to have these questions guys my name is carlton dennis welcome back to taxes made simple and today we'll be talking about whether or not it makes sense for you to buy real estate inside of your llc or if you should buy real estate in your personal name let's get started now in order to understand whether or not it makes sense to buy real estate in your personal name or to buy real estate in an llc we first have to understand what llcs are and what's the purpose of needing them for real estate so let's talk about that the first thing that we need to understand is what is an llc so let's get started an llc is a limited liability company you can either have a single member llc which is just one individual inside of this business structure or you can have a multiple member llc which is you and a partner or many partners either way an llc is a great vehicle for asset protection so let's talk about why real estate investors go down the road of wanting an llc if you didn't know when you decide to purchase rental real estate you go on the title of the property the title of the property is just showing who owns the asset one of the things that you need to know about when you own rental real estate is that your information can also be public information really that's correct when you invest in a rental property taxpayers and individuals can view that property and its data online by pulling it up through the county assessor's office at this point in time they can obtain information about the owner of the property and when that property has transitioned from title to title from one individual to another individual what this means is if you purchase that property in your own name the tenant who is living in your property can go access the information about you and look you up to know who you are what you do where you live and what is going on with your situation and to me and to many of my real estate investors that is a scary picture and not a picture that we want to have happen with our rental real estate so how do we avoid falling into a trap in a situation where tenants can have access to our information online and have the ability to look up how much money we make and can even decide based on looking at this information whether or not they want to pursue legal measures against something that could have happened at that problem now before we jump into the llc and how it protects you i want to go back into what happens when you don't have an llc many taxpayers get umbrella policy insurance so i first want to talk about what umbrella policy insurance is umbrella policy insurance is a type of personal liability insurance that covers claims in excess of regular homeowners auto or watercraft policy coverage umbrella policies is the most common type of insurance that you're gonna get when you become a homeowner however is umbrella policy insurance liability coverage we want to break this down today in the event that you go through a lawsuit your umbrella policy assurance is going to be able to cover incidentals maybe there are some damages that occurred at your property maybe there were some things that might have broke this is exactly what an umbrella policy insurance is for but the umbrella policy insurance does not protect your information on the county's assessor's office and it doesn't make you less viewable to the tenant that is living in your rental property what this means is is umbrella policy insurance can cover incidents and accidents that could happen at the rental property and can protect you but it doesn't protect you from the tenant deciding to sue you and pulling your information online and knowing who you are what this is the most important aspect that leads into many lawsuits when the tenants know the person they're suing they're more inclined to make a lawsuit against that person they can physically see and if they are able to obtain your information we are living in 2021 they can research your social media accounts they can research your businesses your family members and know exactly how much income you possibly could be sitting on in order to make sure that you're not only protecting your cash flow your family's wealth we want to make sure that we have an llc an llc separates the liability from yourself and from your business when you are getting sued without an llc technically everything is liable that you own if you have personal bank accounts personal checking accounts iras things of that nature that are sacred to you they are liable in the event of a lawsuit however in an llc you are only liable to the extent of what is inside of the llc the assets and the debts inside of the llc this is a powerful key difference so let's just say that we decided to set up an llc for our rental property how are we protecting ourselves from those who didn't have an llc when they decided to invest in rental real estate i don't know you gotta ask them i don't know you gotta ask these guys i don't know first thing that we have to understand is when you decide to invest with your llc you have now taken over the title of the property as a business owner that could have a name different than the name of you what this is going to do is this is going to provide some ambiguity this ambiguity protects you in the event that clients are looking up your information online through the county's assessor's office if they go online and see that rental legacy partner builders is owning this rental property they may be hesitant to file a lawsuit the reason why that these taxpayers and tenants are more hesitant to file a lawsuit is because they are less likely to win against a company that may be bigger than themselves think about psychology and and your own personal feelings if you knew that google apple corporation woodson corporation johnson and johnson corporation owned the building that you were living in would you try to sue that company knowing that you're gonna go in to win or do you think when you sue that company there's a probably a good likelihood that this could be a legal battle for you and the people on the other side of the table might have more money to fight you and this is what typically protects the llc investor the llc investor is protected because they are investing with their llc now you might have come to know that it's pretty hard to invest with your llc when you go into your mortgage lender i don't know the reason why it's hard to invest with an llc is because an llc may not have business credit yet and may not have income reports yet when you do not have credit or income reports flowing through your llc it is going to be very hard to qualify to get a loan underneath your llc your lender may not allow it seriously part of the reason why is you may not have established what's called a paydex score a paydex score is similar to a social security score e
Thanks for your comment Lee Gumaer, have a nice day.
- Hector Mattocks, Staff Member
hi Clint Kunz here with Anderson business advisors and in this video I'm going to discuss buying property with a limited liability company now if you're a real estate investor you've probably been told that you can acquire property with an LLC and in fact that would be the best way to go because why bite my own name if I turn around and just deed it into an LLC and I get a lot of new real estate investors that will come up to me they'll see me at one of my events and or they'll just email me in the last week how do I go about acquiring or buying property in the name of an LLC well the first question I'm gonna ask you is what type of financing are you using if it's just cash not a problem you can close directly in that limited liability company however when you have financing involved there's gonna be the problem if you're using traditional financing if it's a Freddie Fannie loan then if the property itself is residential it's gonna they're gonna require that you close in your own name you're not going to be closed in the LLC so it's a non-starter so don't even try tempt to put that deal together in that LLC name now if it's not a Freddie or Fannie loan let's assume that's a loan from a community lender so it's what we refer to as a portfolio loan so this community lender bank that you're working with they don't intend tend to sell it they have different guidelines they will probably allow you to close in the limited liability company so in that case you could set up the LLC in order to close now one thing to also consider here when you're thinking about closing in the name of an LLC the question I would have is how does that purchase and sale agreement put together was the purchase and sale agreement written up between yourself and the seller or did you leave yourself some wiggle room because many times a lot of people they don't follow my advice and set up a few LLC's and have what I call them on the shelf shelf LLC is ready to go to put in their offers and so they're scrambling I mean this just comes from experience you should have LLC set up ahead of time that's something I do a lot with my clients as I create you know two or three LLC's and I tell them these are always going to be there for your offers in these limited liability companies so that we can close in the name of them now if you begin or you you have a subscription to procrastinators monthly and you're a little slow on that then what you should do in your purchase sale agreements and write write them up as follows let's say you're gonna buy in your own name or you're putting in in your own name or maybe you have a corporation you would put down Clint Coons and or designate it entity all right use that language not and/or signs which a lot of people have used in the past which is now looked at skeptically by sellers and their agents I use and/or designated entity and then here's what I tell people if I'm ever questioned on that I explained to the seller or their agent the reason I include that extra language in there is that I have not yet talked to my tax professional or my attorney about how I need to take title for estate planning and taxes and that they may advise me to take it in a limited liability company so that's why I'm putting that additional language in there because I may close in an LLC that that explanation works okay I have not had anybody reject that explanation because now you've told them that your local professionals or your professionals that are advising you to do this and so they don't want to practice law without a license so the realtor is well oftentimes back down when you when you give them that rationale so anyhow if you're using anything other than traditional financing like I talked about if it's a community bank then you can close directly in that limited liability company and if you're gonna do that some things you need to keep in mind you better make sure that with the LLC that you're not using a nominee on there there's a lot of people that you know we even talked about it Nevada limited liability companies with a nominee manager well the problem is if you're using a nominee manager it's not you that's gonna create title issues for you trying to close in the name of an LLC and your lender is gonna have a heartache with that so you're gonna want to set up an LLC where either your information is publicly visible or if you want anonymity what I often tell people set up a fresh new Wyoming LLC or Delaware LLC where your name and your information is not provided to the Secretary of State then you'll close in that entity and with title and with your lenders they'll just ask to see a copy of the operating agreement showing you as the manager and member of that company funny thing about that is what has occurred before is I'll have a lender title ask me or ass are my clients to update the state have their information listed and it's kind of comical because we call them back and we tell them inform them that's impossible the state doesn't accept that information so even if I sent it to them they wouldn't put it up there and then they come back to us and they say oh we understand okay great as long as we have your operating agreement it shows your position in that company that you're the owner you're the manager we can proceed forward with this so you want to make sure that either your name's listed on the entity itself as a member manager with the secretary of state where the LLC is set up or you're using an entity such as a Wyoming or Delaware LLC that provides anonymity the other thing you're going to need is a certificate of good standing typically this needs to be acquired within 30 days of closing so be prepared to obtain that you're gonna have to contact the Secretary of State request the certificate of good standing in order to close if you do not have that certificate in good standing it will hold up your closing it's a kind of a ridiculous requirement from my opinion that many of these LLC's are just recently set up within the last six months there's no way they could have been revoked but again rather than fight them and try to argue they don't need the information just give them what they need so you can close on your property and move on now of course if you're you buying for cash or you have private money that's coming in to fund a deal it's never going to be an issue but when working with lenders those are some of the things that you need to take into consideration get that LLC set up ahead of time make your offer in it if not new and or designated entity when you go to closing make sure you have your operating agreement ready for title for the lender and also make sure you have a certificate of good standing my name is Clint Kunz with Anderson business advisors and we just covered how to purchase real estate with a limited liability company
Thanks Lemuel your participation is very much appreciated
- Hector Mattocks
About the author
I've studied galactic astronomy at Middle Georgia State University in Macon and I am an expert in archival science. I usually feel geeky. My previous job was computer and information scientists, research I held this position for 22 years, I love talking about vr gaming and rock climbing. Huge fan of Liam Neeson I practice motocross racing and collect for sports cards.
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