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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 for your comment Kandace Stiegler, have a nice day.
- Tifany Vanallen, Staff Member
buying property under your own name is a dangerous strategy that's why i buy them under businesses well i didn't have a business when i first started so i created them yes you heard that correctly on my way to becoming a savvy real estate entrepreneur with a portfolio of assets and then wanting to protect my properties from ex-partners banks and potential sewers or is it suis is that the right word we'll assume that sewer is the right word today suey sounds like i'm at like a southern hoedown well i decided not to buy properties under my own name anymore instead i decided to start a business just to register my properties under it and then to see what happens well let me show you how i register over 3 million dollars in assets under different business entities by the way i was just kidding about the ex partners i'm not divorced not yet anyways and buying properties is one of the main activities that we engage in as we start investing our money for future returns or just for that feeling of safety now whether you're buying your first property or whether you already own several you probably did it under your name am i right sure because that's the only way to do it right wrong buying properties under your name is financially risky and honestly not very convenient although we are constantly preached this theory for which having all of our finances tied to us is a good thing it actually isn't how do i know it because a friend of mine a couple years ago got into some financial trouble and had his properties attacked both by a sewer and by his own wife um there are two solutions to that one don't get sued two don't get married one is unpredictable and the other is not very practical now let me tell you something about a friend of mine joe now joe didn't do any of this and joe got screwed sorry joe joe was and is a smart investor who owned four properties across the state of washington one is his personal home that he shared with his partner and the others are short-term airbnb rentals pretty good business and all these properties were registered under joe's name i know i know but wait everything was going really well until one night a guest at one of the airbnb fell down the stairs and got injured well he decides to sue joe in the legal battles that they storm against him they don't just go after the property where they fell they also go after some of the other airbnbs and why not for them it's convenient but the worst is yet to come for jail the legal battle shatters joe's marriage and after years of courtroom shenanigans joe's partner files for divorce and yeah in addition to splitting the assets associated with their shared house joe's partner also goes after the other rental units sweet yes life really sucks for joe the poor guy just wanted to rent out his airbnbs for this reason some savvy investors know of this technique through which you have a property shift from being owned by you over to owned by a business let me show you how it works and how it can not only protect you but also boost your investments whether you're just somebody looking to buy your first home or whether you're an experienced investor all right so there's two main ways through which you can buy under your businesses which in most cases will be an llc which is stands for a limited liability company option one you could just ask your bank to put your property under your business name what you need to do is ask the title company to put all the documents under your business entity's name confirm this with your lender and let them know that you're still be the guarantor on the loan that's because no lender in the right mind will lend anything to a brand new business that you just created without any income credit or capital so ease their concerns making sure that you are the guarantor easy right sure and if that works you're set you're done problem is that the lender might say no so your bank tells you to go tells you to go pound sand in the nicest way possible and you don't have any jedi online tricks up your sleeve don't panic just yet because i've got a backup for you all right option number two this one's called a quick claim deed and this is what allows me to transfer my property underneath my new business or llc and the good thing about this second option is that it is not some complicated magical legal mechanism or slight of hand first things first it's actually pretty easy and fast file a quit claim deed and shift the property over to your entity's name that's right quickly deeds are state specific so make sure you get the right form duh what i'd suggest is that you call your local county records office and ask if they have forms there to purchase or if there's a website they'd recommend where you can download them pretty easy right now heads up there may be a clause in your mortgage that says if you transfer the deed of the home to another person or entity they have the right to call back their loan in full i've never heard of it happening before in the past but double check with your lender before doing this obviously in all honesty this is not only about risk mitigation and avoidance but also about strategy yes strategy whether you're an average dude or an experienced investor why strategy you may ask and why should you do any of this the answer is because you want to look as poor as possible on paper yes that's right if you look poor on paper you create a separation between you and your cash flows and assets this will give you tax benefits as well if you want to know more about it check out the link in the description below and you can get a consultation from my accountant friend kevin who is awesome this tactic of creating separation between you and what you own goes against the idea that we are constantly told over and over again like a mantra according to which we should buy cars houses toys airplanes rockets under our names and have all of our finances revolving around us well we shouldn't when everything is tied to you technically the court or whoever is suing you can take everything you touch that's because having all your assets tied to you is dangerous you never know what the future holds and you want to be protected don't get me wrong it's common practice for people to buy tons of things under their name without batting an eye in most cases it's pretty harmless but when you're dealing with one home or multiple properties or really anything of high value you actually don't want all of them under your name preferably none because when your financial assets are connected they can all fall like dominoes if only good old joe registered his property under a business name or multiple entities it's like betting all of your money on one horse i didn't i separated all my assets and i had a banker once even tell me that on paper it seemed like i was homeless and he wasn't even sure if i'd qualify for even a 50 000 loan but i wasn't homeless i actually had well over a million dollars in assets at that time and had a very steady six-figure income but because it was all spread out amongst very different entities i created the illusion that i had less than i r
Thanks Burton your participation is very much appreciated
- Tifany Vanallen
About the author
I've studied physical education / pedagogy at Medaille College in Buffalo and I am an expert in historical linguistics. I usually feel awake. My previous job was industrial therapist I held this position for 10 years, I love talking about baton twirling and illusion. Huge fan of Katherine Jenkins I practice commonwealth games and collect automobilia.
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