After holding a few properties in my name, I decided to start an LLC for asset protection as it is recommended everywhere, so my latest property is held in that LLC.
I find it so unconvenient to have an LLC, insurers don't want to ensure rental properties under LLCs, banks don't want to refi LLC... why not just get liability protection and forget about LLCs? so some of you agree and hold all your rentals in your names, or if you have LLCs, how do you deal with banks and insurers?
Holding in an LLC requires a new perspective and mindset. You need a commercial insurance policy, commercial loan departments, not residential. All of these things are easy to acquire if you stop talking to the people doing residential insurance and mortgages, and start asking for the commercial insurance rep, or the commercial lending department. Yes, it is all more expensive.
There are more considerations than just liability protection when considering LLC's or not - you should speak to both your attorney, and your tax preparer (Not H&R Block).
I still have one property in my own name that I acquired before I started buying in LLC's. I haven't switched it over because of the cost of transfer tax in NH. 1.5 percent, and I'd have to pay the entire amount with no exemptions for the LLC being owned by the same person. I have bumped up my umbrella policy to compensate.
are you sure that commercial insurers insure duplexes and not just apartment buildings / or commercial buildings?
same with the banks? I have residential properties (sfh, duplex..) under an LLC, is that still commercial?
Well, I'm sure enough that I have commercial policies and work with commercial lenders regularly.
I'm not saying that a commercial lender will lend on one duplex: typically it is a blanket loan for serveral properties. But sometimes if you speak with local banks or credit unions with commercial lending departments, and develop a relationship, they will provide commercial loans on smaller properties.
As for insurance, if you can't find an insurance agent with a commercial lines rep in your area - (they are everywhere) try nreinsurance.com - they specialize in insurance for real estate investors, and can handle both residential and commercial policies. (Note to moderator, not an affiliate link)
I have found that most of the residential insurers that do business in my area will write a policy for an LLC, but it must be a single member LLC and many (but not all) allow only one property per LLC. So maybe you need to check with a different agent.
I title them in my own name, with a hefty umbrella liability policy to protect me.
The main reason is financing. I am refinancing everything to 4.5% 30-year fixed mortgages. If they were titled to an LLC, the rate would be higher, there would be points, and I couldn't get fixed rates.
LLC is fine but they still usually want a recourse loan or personal guarantee.
If they don't ask for that then you are paying for it somewhere in a higher rate or terms etc.
For insurance you can use a Fire/Dwelling policy which is much cheaper than a commercial policy.Some of the best insurers depending on age of the building will not write the policy.
You have to know how you want to set up going in and the costs involved and offer your purchase price based on that.I don't hold in my name.
I have a $2 million dollar umbrella policy that will hold up to four rental properties. I was planning to use LLCs for any properties that I buy in excess of the four that I own in my own name.
It seemed a bit cumbersome and expensive to put every property into a separate LLC so I've decided to do a combination of both approaches.
I held one rental in my own name for a decade without any issues. But when we added a second rental to our portfolio, we also got our first problem tenant. That's when we started looking at business entities, not only for the asset protection (insurance protects us fairly well there), but for privacy as well (as much separation between us personally and our tenants).
Transfer from our names to our LLC didn't cost us any extra in term of taxes (transfers were to a "wholly owned entity") and our insurance carrier extended our coverage to our rentals because our LLC has a single member (the LLC is an extra named insured on the policies). Now, we are not sure if they'll insure our next rental because once you reach a certain size you're considered more a business than a private investor.
I'd like to know if people who have 10 properties and more, what they do? Cos like I said everybody says get an LLC, but then everything gets complicated and expansive, when like you guys say with umbrella policies and common sense one should be protected. Plus since I use property managers, I don't see how one can hold me responsible for a slip and fall and win more than an umbrella policy covers. The only thing I like about the LLC is that my name does not appear directly with the property, but that's the only advantage I see, every lawyer says a single member LLC can be easily pierce anyways.
Joel, if you don't mind my asking, how high is your liability limit for the dwelling fire policy that you use for the LLC properties? I haven't been able to find any carriers in this area that will go higher than $300,000, but I have heard that they will go higher in some other parts of the country?
I move all of my homes to a Land trust. Every one of them. Yes people can find out what address is on the tax roles, but they do not know who the beneficiary or Trustee is as this is an easy way to hide. I suggest it
I hear these claims all the time, but never hear any first-hand evidence supporting them. Have you spoken personally to these lawyers and are they speaking from direct experience, i.e., they have successfully pierced "corporate" veils in court themselves. OR are they simply aware (read about) of a few high-profile cases involving LLC owners who used and maintained their entities improperly then subsequently lost in court?
For those of you contemplating an entity such as an LLC or Corporation, I advise you to use the services of an attorney and form it properly from the get-go. According to this web site, veils are most easily pierced when formed improperly by online entity "mills", because one size does NOT fit all. Buyer beware.
When you say you "move" your homes into a "land trust" (which by the way is not an officially recognized entity for holding residential real estate in Texas), are you saying you purchase them in your own name first, then transfer them to your "land trust" after? If so, then so much for your privacy.
Or do you take title in your trust at closing? That's the only way I see to reliably mask ownership, but doesn't Texas require the name of your trustee on the deed? Who do you use? Obviously not yourself, so you have to appoint somebody you really trust (pun intended).
BTW, if you can take title in your corporation or LLC name at closing, that's even better, but it's not easy finding a lender that will allow vesting in that manner. Another benefit of making all cash purchases. :idea:
I did form my SMLLC using one of these mills (this is the same LLC that is set up as "manager-managed"--the mill advised to do this--which I mentioned in another thread here). Maybe I should take it to an attorney just to have a look at it before I actually buy a house with it (I haven't yet).
I did form my SMLLC using one of these mills... Maybe I should take it to an attorney just to have a look at it before I actually buy a house with it (I haven't yet).
I think that's a great idea, Bienes. :idea:
There may not be anything wrong with the LLC you formed through an entity "mill", but how do you really know? When you're thinking of getting a used car, don't you take it to a qualified mechanic for a pre-purchase inspection to make sure you're not buying any surprises? :wink:
... every lawyer says a single member LLC can be easily pierce anyways.
I hear these claims all the time, but never hear any first-hand evidence supporting them. Have you spoken personally to these lawyers and are they speaking from direct experience, i.e., they have successfully pierced "corporate" veils in court themselves. OR are they simply aware (read about) of a few high-profile cases involving LLC owners who used and maintained their entities improperly then subsequently lost in court?
For those of you contemplating an entity such as an LLC or Corporation, I advise you to use the services of an attorney and form it properly from the get-go. According to this web site, veils are most easily pierced when formed improperly by online entity "mills", because one size does NOT fit all. Buyer beware.
I have a feeling some people are getting the charging order protection confused with the corporate veil protection. I'm not a lawyer, but from everything I've read, assuming you sign documents correctly, keep records of your decisions, and don't co-mingle funds, I don't see why the SMLLC veil would be any different from the multi-member veil protection.
This is a great question. I own multiple properties some with partners. Recently one of my partners has insisted that we put our 4-plex into an LLC for liability protection. My other partner who owns many properties does not want to bother with the LLC, but rather has excess umbrella coverage and landlord protection policies. All my reading points towards the higher your net worth, the more you need an LLC for protection.