New investor with a free and clear property

New investor with a free and clear property

Accountant · Minneapolis, MN · Member since 2018 · 81 posts · 21 votes

I own a condo free and clear (worth about ~80K). Long story short, it was my bachelor pad before I got married, held onto it through my marriage and rented to family and friends for the past 7 years. It has been paid off for roughly 3 years. I have recently been bitten by the REI bug and want to invest in more property. I'm considering doing a cash out refi on the condo to finance new investments. Couple things to consider:

1. I am in the exploratory stages of contributing it an LLC for asset protection. Talked to a lender today who said I would need to refinance it before contributing it to the LLC if I wanted to leverage that equity. I asked about the "due on sale" provision associated with an LLC contribution, and he said the bank wouldn't know if I made the LLC contribution. I have time scheduled with my CPA to discuss, but am curious if this is common practice. Would I be putting myself at risk by doing a cash out refi and subsequently contributing the property to an LLC?

2. I'm having a hard time justifying taking out a loan on a property we worked hard to pay off. My wife and I are well-capitalized otherwise, but does not share my new-found passion for REI. It would not be a hardship to come up with cash for a down payment on a new property, but it might be a hard sell for my lovely wife, which is why I lean toward a the refi. I feel like this is the best avenue to finance new acquisitions and build my business.

Any advice?

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  • Real Estate Broker · 3412 S. Harlem Avenue Riverside, IL 60546 · Member since 2015 · 6k+ posts · 5k+ votes
    7y

    @Greg Schuricht from your post it would appear that you are still a younger guy, so I would definitely advise that you look into using leverage. If you put the "all cash" investing route into a spread sheet against a "leveraged" investing strategy, leverage will win massively over the years. The only reason most sophisticated investors choose to pay all cash is to get a good deal. Most of them will then re-finance the asset to get their capital back for the next deal. 

    If you decide to be more conservative, you can always put down a bit more on each deal. I would recommend reading up on value add investing strategies, or as people on BP put it, the "BRRRR" strategy.

    The LLC strategy has been debated to death on here, but I can tell you that no lender likes to lend on 2-4 units to an LLC, unless you are using a commercial/portfolio loan. The reverse is true in larger multi family of 5+ units. On larger deals, most lenders love lending to an LLC.

  • Scott SmithPro Member
    Attorney · Austin, TX · Member since 2014 · 1k+ posts · 932 votes
    7y

    Hi @Greg Schuricht,

    An option for avoiding the Due on Sale Clause is transferring your property into a Land Trust, then placing the Land Trust into the LLC. Technically the Land Trust operates the property and does not trigger the same flags as transferring a property into an LLC for banks. Check out this article on how this strategy is generally executed.

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