First Rental Under Contract — Am I Overcomplicating the Entity/Title Structure?

First Rental Under Contract — Am I Overcomplicating the Entity/Title Structure?

Member since 2025 · 53 posts · 37 votes

I’m currently under contract on my first long-term rental. It’s a turnkey new construction, with closing scheduled for the end of August 2026.

I’m getting a great deal: 4.99% interest rate + $20K in closing-cost incentives through the builder's financing program. Because of the financing, I'm planning to close in my personal name and, assuming everything goes as planned, transfer the property into an LLC after closing. (confirming that the lender is aware that this is an investment property)

Here’s where I’m at—and what’s keeping me up at night:

1. Due-on-sale clause

I've been researching the idea of transferring the property from my personal name to my LLC after the loan has been sold into the secondary market and is backed by Fannie Mae/Freddie Mac.

My understanding from what I've read is that there may be circumstances where a transfer to an LLC that I own may be permitted, but I'm not clear on how this actually works in practice or whether the lender still has the right to accelerate the loan under the due-on-sale clause.

Has anyone here actually gone through this process with a conventional/Fannie or Freddie-backed loan?

Have you ever received a notice of acceleration or had your lender object to the transfer?

2. Anonymity / asset protection / taxes

As I scale, my goals are:

  • Privacy/anonymity
  • Asset protection
  • Properly capturing legitimate tax deductions

I’ve already structured my entities so that my personal name doesn’t appear on the public-facing entity records.

If I deed the property from myself into an LLC after closing, does that effectively defeat the privacy/anonymity objective because of the property records?

For those who have structured rentals this way, how have you handled it?

3. Insurance

If I initially insure the property under my personal name and then later transfer title to an LLC, has anyone had issues cancelling the original policy and obtaining a new policy with the LLC as the named insured?

I want to make sure the deed, ownership entity, mortgagee, and insurance policy are all properly aligned so there aren’t coverage issues if I ever have a claim.

4. Land Trust

Would a Florida Land Trust make more sense for this situation?

I’ve been researching whether a Land Trust could help address the due-on-sale issue and potentially avoid additional documentary stamp taxes/transfer costs.

For anyone who has actually used a Land Trust with a conventional mortgage, I’d love to hear how you structured it and what your lender’s position was.

5. Am I overcomplicating this? 😂

This is my first rental, and I’m trying to set things up correctly from Day 1 rather than create problems later.

My closing date is approaching quickly, and I’m honestly getting analysis paralysis. If I walk away from the deal, I lose $10K, so I obviously don’t want to make a decision based on fear—but I also don’t want to create a potentially serious financing/title/insurance problem.

What would you do in my situation?

I’d especially appreciate feedback from anyone who has actually transferred a conventional-financed rental from their personal name into an LLC or Land Trust after closing, rather than just general theory.

Thanks in advance!

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Investor · Las Vegas, NV · Member since 2013 · 8k+ posts · 10k+ votes
2mo

Don't waste time/money/energy putting it in an LLC. Keep it in your own name. If you're worth more than $1M you should already have an umbrella policy. Simply add the property and increase your limits by the amount of your downpayment. (If you buy a $500k property with $100k down you don't have $500k at risk, it's really $100k minus $20k in closing costs, so closer to $8ok)

It won’t give you anonymity, it won’t give you extra tax deductions, it’s unlikely to give you any asset protection. 

It will complicate (increase the cost of) tax returns, insurance, future financing. 

Lastly. If you believe you can do it a week/month/year after purchase and get any benefits. You can make that same change 5-10 years from now. But I’m telling you if there are any benefits they are overblown, but the costs/risks are real. 

Ps (or more lastly…) if you plan to occupy the property for less than a year and strictly use it as a rental re-confirm they know that.  (Especially if the plan is to put down less than 25%.) this will become obvious at closing when there is or is not a form you sign swearing to occupy it. You don’t want to find out at the closing table their financing isn’t valid for you. 

See this reply in the discussion

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  • Real Estate Agent · Los Angeles, CA · Member since 2018 · 2k+ posts · 1k+ votes
    2mo

    I'm not an attorney so take what I'm saying with a grain of salt.

    1. You are probably overthinking it. On a practical basis you have insurance and you can get an umbrella policy for something like $500 a year for additional liability coverage. Just keep in mind the umbrella policy typically doesn't kick in until your main insurance policy is fully used.

    2. You will talk to a 100 attorneys and will give you 100 different answers. All of which will be very expensive. I have a client who spent tens of thousands of dollars putting it all together.

    3. You have to factor the cost of setting this up and doing it's own tax return each year as an additional cost.

    Again, everyone is going to give you a different answer and realistically no one here is likely really qualified unless they are in the field. I would just start out and see how it goes with a strong insurance policy. But make sure you have a trust set up either way in general. 

    • Carissa AtendidoPro Member
      OP
      Member since 2025 · 53 posts · 37 votes
      2mo
      Quote from @Rick Albert:

      I'm not an attorney so take what I'm saying with a grain of salt.

      1. You are probably overthinking it. On a practical basis you have insurance and you can get an umbrella policy for something like $500 a year for additional liability coverage. Just keep in mind the umbrella policy typically doesn't kick in until your main insurance policy is fully used.

      2. You will talk to a 100 attorneys and will give you 100 different answers. All of which will be very expensive. I have a client who spent tens of thousands of dollars putting it all together.

      3. You have to factor the cost of setting this up and doing it's own tax return each year as an additional cost.

      Again, everyone is going to give you a different answer and realistically no one here is likely really qualified unless they are in the field. I would just start out and see how it goes with a strong insurance policy. But make sure you have a trust set up either way in general. 


      I have spoken to soooo many law firms to date and you're 100% right - im getting so many different answers. Im having daily panic attacks because i feel like im dealing with this alone with no real answers to calm me down. Another thing i need to think about IF i go the transferring the deed into my LLC route is how the title insurance transfer will take place. LIkely, if they dont allow this am i screwed?

    • Real Estate Agent · Los Angeles, CA · Member since 2018 · 2k+ posts · 1k+ votes
      2mo
      Quote from @Carissa Atendido:
      Quote from @Rick Albert:

      I'm not an attorney so take what I'm saying with a grain of salt.

      1. You are probably overthinking it. On a practical basis you have insurance and you can get an umbrella policy for something like $500 a year for additional liability coverage. Just keep in mind the umbrella policy typically doesn't kick in until your main insurance policy is fully used.

      2. You will talk to a 100 attorneys and will give you 100 different answers. All of which will be very expensive. I have a client who spent tens of thousands of dollars putting it all together.

      3. You have to factor the cost of setting this up and doing it's own tax return each year as an additional cost.

      Again, everyone is going to give you a different answer and realistically no one here is likely really qualified unless they are in the field. I would just start out and see how it goes with a strong insurance policy. But make sure you have a trust set up either way in general. 


      I have spoken to soooo many law firms to date and you're 100% right - im getting so many different answers. Im having daily panic attacks because i feel like im dealing with this alone with no real answers to calm me down. Another thing i need to think about IF i go the transferring the deed into my LLC route is how the title insurance transfer will take place. LIkely, if they dont allow this am i screwed?


      I think you are referring to "calling the loan" if title transfers that is a real thing. The lender gave you the loan, not the LLC.

      But to make it more complicated, I've had multiple attorneys and investors tell me that LLCs are useless because the judge knows what you are trying to do and basically says too bad so sad. It's called "piercing the veil." I have a client who just started setting up his LLC and he owns 29 doors.

      So I think the first question you have to ask yourself is "what are you trying to protect?" and "what tax benefits am I really getting that wouldn't be at risk of an audit?" You likely aren't getting privacy as most of the information is public facing as mentioned by Chris.

      You are already in escrow to purchase the property, buy it, focus on getting it rented and put a solid lease and insurance policy together. Talk to your CPA to truly understand the tax benefit difference and your insurance agent before going back to the attorneys and spending literally tens of thousands of dollars.

      But the attorneys will know more than me for obvious reasons. Ask them about the probability of lawsuits and what are the main causes of them. For example, trip and fall. But you are buying new construction, so what are they going to trip over? The attorney's job is to scare you. Think on a practical basis.

  • Chris SeveneyBusiness Member
    Moderator
    Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes
    2mo
    If you are ever getting a loan then your name is on public facing documents. This is why anonymity is somewhat of a joke unless you are worth 8 figures or more then yes you can hide but until then you will not be able to hide and honestly no real reason too
    7e investments53 Reviews
  • Investor · Las Vegas, NV · Member since 2013 · 8k+ posts · 10k+ votes
    2mo

    Don't waste time/money/energy putting it in an LLC. Keep it in your own name. If you're worth more than $1M you should already have an umbrella policy. Simply add the property and increase your limits by the amount of your downpayment. (If you buy a $500k property with $100k down you don't have $500k at risk, it's really $100k minus $20k in closing costs, so closer to $8ok)

    It won’t give you anonymity, it won’t give you extra tax deductions, it’s unlikely to give you any asset protection. 

    It will complicate (increase the cost of) tax returns, insurance, future financing. 

    Lastly. If you believe you can do it a week/month/year after purchase and get any benefits. You can make that same change 5-10 years from now. But I’m telling you if there are any benefits they are overblown, but the costs/risks are real. 

    Ps (or more lastly…) if you plan to occupy the property for less than a year and strictly use it as a rental re-confirm they know that.  (Especially if the plan is to put down less than 25%.) this will become obvious at closing when there is or is not a form you sign swearing to occupy it. You don’t want to find out at the closing table their financing isn’t valid for you. 

  • Honolulu, HI · Member since 2008 · 3k+ posts · 2k+ votes
    2mo

    One thing no one ever mentions, are that unless you religiously keep personal expenses and ownership, actually separate from business, AND properly and timely create the required records and/or follow up on business registrations, you will always be at risk to having the so-called "corporate veil" pierced, losing your stated desire for anonymity and protecting personal liability.

    So yes, you are over complicating. Re-evaluate and take proper steps once you have a number of properties and lots of equity. You might find REI is not all it's cracked up to be, and change paths in a year or two, then you wasted money and effort.

  • Investor · Las Vegas, NV · Member since 2013 · 8k+ posts · 10k+ votes
    2mo

    To add to the “There’s no way you’re going to keep efficient records and separate funds to prevent ‘piercing the corporate veil’”. You also have to think of a lawsuit involving YOUR property in which you are 100% not at fault.  

    When the tenant is hurt tripping on cracked cement you didn't fix, or god forbid the house blows up from a gas leak YOU shoudl have prevented you and your LLC will both be sued.

    This is also why you need the umbrella policy. You are 10x? 50x? More likely to be sued personally than your property is. (Think car accident, dog bite, swimming pool drowning, etc etc etc. ) if this happens you own the LLC so they get everything in the LLC along with everything else you own. It would be stupid for anyone to have an LLC for liability/asset protection without an umbrella policy. And having the umbrella makes the LLC unnecessary.

  • Stuart UdisPro Member
    Attorney · Philadelphia · Member since 2018 · 2k+ posts · 3k+ votes
    2mo

    @Carissa Atendido Review the hundreds of posts I've written on this subject. What you are suggesting is complete madness and I am sorry there are so many voices on the internet suggesting such terrible advice. Earlier in my career I oversaw risk management for a REIT that owned and managed real estate valued in the billions and not even there did we feel the need to use these strategies. That should get you thinking: Are these strategies actually practical and in your best interest, or are you simply an easy target for someone trying to sell you a product?

    On the most practical level, you settle in your name and then transfer the property to an LLC. The deed records are public. Also, since this is a new construction home I assume there's a builder warranty. Have you verified whether the transfer of title eliminates any warranties?

    • Carissa AtendidoPro Member
      OP
      Member since 2025 · 53 posts · 37 votes
      2mo
      Quote from @Stuart Udis:

      @Carissa Atendido Review the hundreds of posts I've written on this subject. What you are suggesting is complete madness and I am sorry there are so many voices on the internet suggesting such terrible advice. Earlier in my career I oversaw risk management for a REIT that owned and managed real estate valued in the billions and not even there did we feel the need to use these strategies. That should get you thinking: Are these strategies actually practical and in your best interest, or are you simply an easy target for someone trying to sell you a product?

      On the most practical level, you settle in your name and then transfer the property to an LLC. The deed records are public. Also, since this is a new construction home I assume there's a builder warranty. Have you verified whether the transfer of title eliminates any warranties?


       Hi Stuart, 

      I want to thank you for being honest, truly. I literally have been spinning in my own head overthinking everything. I was even to a point where I was reading my disclosures to see what I will lose if I completely back out of this deal - even though i know this is a good deal.

      I've been sucked into the Instagram videos of companies like Anderson Advisors and Karlton Dennis where they kind of fear monger you into these structures. Im not a millionaire by any means, but everything thats out there makes you think the "what if" you get sued scenario. then what i do have - like my personal assets that i have for my kids might be at risk. 

      As for the warranties - that a GREAT question that i didnt think about. I assumed the answer would be no since I would still be the owner of the LLCs, but a great question that I should know the answer to.

      Based on your professional advice, if I was to follow your practical suggestion - would you recommend me transferring the deed into an LLC for some protection or should I just consider keeping it in my personal name and just use my LLC as the property management company and operating LLC that will sign the lease, collect rent, etc?

      Thanks!

    • Jay HinrichsBusiness Member
      Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
      2mo
      Quote from @Stuart Udis:

      @Carissa Atendido Review the hundreds of posts I've written on this subject. What you are suggesting is complete madness and I am sorry there are so many voices on the internet suggesting such terrible advice. Earlier in my career I oversaw risk management for a REIT that owned and managed real estate valued in the billions and not even there did we feel the need to use these strategies. That should get you thinking: Are these strategies actually practical and in your best interest, or are you simply an easy target for someone trying to sell you a product?

      On the most practical level, you settle in your name and then transfer the property to an LLC. The deed records are public. Also, since this is a new construction home I assume there's a builder warranty. Have you verified whether the transfer of title eliminates any warranties?


      thats a good point on the builder warranty I know as a new home builder once my cleint sells to another person or entity my warranty is DONE .  might a be a little different going from personal name to LLC you own. same ownership basically.

      But yes this is all fear mongering for someone who really just needs proper insurance. most folks need LLC because a lot of commercial lenders can only make loans to the LLC with the owner of llc doing a PG.

      There is no way if someone wants to find an owner that a person can hide their ownership I get calls all the time from tenants who somehow find me and my cell phone number even though its an llc that owns the house and I am on the other side of the country.. So if tenants can find you a lawyer or insurance company certainly can.

  • Lender · Houston, TX · Member since 2026 · 102 posts · 22 votes
    2mo

    One thing I'd add: make sure your lender is fully aware that you plan to use this as a rental going forward, not a primary residence. Whether or not to form an LLC is really a question for a CPA and real estate attorney to weigh in on for your specific situation. But even before that — assuming the lender approves the property being used as a rental from the start — you need to find out whether your lender requires you to close in an LLC in the first place. A lot of real estate loans get sold off to different investors/servicers in the secondary market, and those sources generally have their own specific rules about what kinds of properties and ownership structures they'll purchase.

    • Carissa AtendidoPro Member
      OP
      Member since 2025 · 53 posts · 37 votes
      2mo

      @Steve Waller they are aware that it will be used as a rental from day 1. I know u must ask the new lender for permission to transfer into an LLC. If they say yes great! But if they say no, I guess I will remain status quo and will get an umbrella policy instead and then will just hold on to all my suspended losses for when I start cash flowing or sell.

  • J CastroBusiness Member
    Lender · Florida · Member since 2025 · 759 posts · 266 votes
    2mo

    Hi @Carissa Atendido, from a lender’s perspective, I think you’re right to stop and think about this before closing—but I wouldn’t make the LLC/land-trust question the deciding factor without first getting the lender’s position in writing.

    The biggest issue is that you’re proposing to change ownership/title after the loan closes. The lender approved the borrower, property, vesting, insurance, and loan documents based on a particular structure. Deeding the property to an LLC or land trust afterward can potentially trigger lender requirements, including issues surrounding the due-on-sale clause.

    A few things I’d recommend:

    1. Ask the lender before closing.
    Don’t assume that because the loan is eventually sold to Fannie/Freddie that an LLC transfer will automatically be permitted. Ask the actual originating lender:

    > “If I close in my personal name, will you permit me to subsequently transfer title to an LLC that I own while keeping the existing mortgage in place?”

    Get the answer in writing.

    2. Make sure the lender knows it’s an investment property.
    This is especially important. Don’t structure the transaction based on the assumption that you’ll explain the LLC or investment use later. The lender should know the intended use and ownership structure upfront.

    3. Insurance needs to match the ownership.
    If the property is eventually owned by an LLC, your insurance agent should make sure the policy properly reflects the LLC’s ownership and the lender’s mortgagee interest. Don’t simply deed the property and assume the existing policy automatically handles the change.

    4. A land trust isn’t necessarily a workaround.
    I would be very careful about using a land trust specifically to get around a lender’s due-on-sale requirements. Whether a particular transfer is permitted depends on the loan documents, applicable law, and the lender/investor’s requirements. Have your real-estate attorney and lender review the proposed structure before you transfer title.

    5. Don’t overlook the economics of the financing.

    That 4.99% rate + $20,000 in builder incentives is potentially a very attractive financing package. If moving the property into an LLC afterward creates uncertainty around the mortgage, I’d be reluctant to jeopardize that financing without first getting written approval.

    If you’re planning to build a larger rental portfolio, I’d also establish your entity/ownership strategy before the next acquisition, rather than repeatedly closing personally and transferring afterward.

    From the lender side, the cleanest transaction is generally the one where borrower, vesting, loan documents, title, and insurance all match from the beginning.

    One important disclaimer: we are not real estate attorneys, so we can’t provide legal advice regarding the due-on-sale clause, LLC transfers, land trusts, asset protection, or the appropriate ownership structure.

    I would have a real-estate attorney and CPA weigh in on the final structure before you close or transfer the property. The cost of getting that advice before closing is small compared with discovering afterward that the lender objects to the transfer.

    That’s one area where it’s worth getting the right professionals involved upfront rather than trying to fix the structure after the fact.

    JCREIG Capital Funding
  • Ashish AcharyaBusiness Member
    CPA, CFP®, PFS · Sarasota, FL · Member since 2017 · 5k+ posts · 3k+ votes
    2mo

    Carissa, I think you may be overcomplicating it a little, but your instinct to get the financing, title, insurance, and tax pieces aligned before transferring anything is the right one.

    I would not assume that waiting until the loan is sold to Fannie Mae or Freddie Mac automatically makes an LLC transfer safe. Fannie Mae has specific servicing rules around transfers of ownership, and due-on-sale treatment depends on the loan documents and whether the transfer qualifies for an allowable exemption or exception. I'd get the servicer's position in writing before recording a deed.

    On the tax side, I also would not rush into multiple entities just because this is a rental. A single-member LLC is generally disregarded for federal income-tax purposes unless another tax election is made, so the LLC itself is not what creates the tax savings.

    Since this is a new-construction long-term rental, I’d also evaluate cost segregation once it is placed in service. Cost seg can accelerate depreciation on qualifying components, but the important question is whether the resulting losses are actually usable under the passive-loss and at-risk rules.

    For a first rental, I'd prioritize keeping the 4.99% financing intact, making sure the insurance matches the actual ownership, and only adding an LLC or land-trust layer after your lender, attorney, and CPA confirm that it solves a real problem without creating a new one.

    Happy to connect!

    INVESTOR FRIENDLY CPA®4.9242 Reviews
    TaxMD® | Tax Planning Software
  • Stuart UdisPro Member
    Attorney · Philadelphia · Member since 2018 · 2k+ posts · 3k+ votes
    2mo

    @Carissa Atendido I would not assume the warranty transfers. Builder Warranties are often designed to avoid responsibility. Change of ownership is customarily ground to void these warranties and what you propose is technically a change in ownership. I would absolutely make sure the builder warranty spells out continuation of coverage.  

    Owning the real estate in your name and using a management LLC to sign leases, collect rent etc is an absolute joke. The deed holder is still brought into any claim. There is no requirement for the plaintiffs attorney to name the management LLC. All this accomplishes is adding a second GL policy you now must maintain. This summarizes the issue with many of the strategies that are pushed onto investors.

    It boils down to understanding what types of controversies and claims arise in the context of owning real estate and how are they mechanically resolved. Understanding this is critical because once you understand this, you will realize many of these strategies are completely irrelevant to the claims and controversies resolution process. That’s what real estate investors almost always miss. Secondly, and just as important once you understand the risks there are practical real time strategies that merely require setting up the correct systems that deter most liability exposure from arising and in the event a liability event does arise, you’re in a much stronger position to defend and often deflect the liability onto someone else.

    Selling a bunch of impractical entities in the context of owning real estate is big money, that’s why it’s showing up in your feeds and yes fear mongering tactics are used to get people like yourself to buy in. 

    • Carissa AtendidoPro Member
      OP
      Member since 2025 · 53 posts · 37 votes
      2mo

      @Stuart Udis hey! Appreciate the feedback, it's really helpful to level me out because I'm spinning. 
      so with all that said- is the simplest way is to keep it in my name, and take out an umbrella policy so my personal assets are protected? 
      I have no idea why my CPA told me that when I buy an investment property, I must hold it in an LLC (partnership) to take advantage of tax savings - even though I've been learning that there's no benefit in either entity (SMLLC or partnership). I exceed the MAGI so my deductions are completely phased out unfortunately. I'm to a point where I want to back out but I can't or else I lose $10K. I know the upside could be big since it's a long term hold but fear is paralyzing me.

  • Stuart UdisPro Member
    Attorney · Philadelphia · Member since 2018 · 2k+ posts · 3k+ votes
    2mo

    Umbrella coverage is excess GL coverage meaning should your GL limits become exhausted, the Umbrella coverage would step in. There are important caveats, namely making sure you are satisfying the appropriate standard of care not to avoid exclusions of coverage.  Making sure your tenant has renter insurance with appropriate coverage that names the property owner as additional insured is truthfully more likely to become relevant policy. Same with the insurance of vendors/PM's assuming they maintain adequate coverage, contracts are drafted properly and again, property owner is named additional insured and not merely a certificate holder. This is important because it keeps your loss run records cleaner which impacts the type of coverage you can attract as well as pricing.  Beyond that, ensuring no premises liability exposures exist or alternatively, should they arise, identify and remedy them quickly is really important because major claims generally fall under that bucket. Keep up with licensing, permitting, local landlord/tenant laws and perform thorough diligence on the real estate before you purchase as well as the vendors you choose to work with. If you do all of these competently you are going to put yourself in a very strong position. It's not complicated stuff, most fail because they lack organization, move too fast and now more than ever prioritize preparedness for when the bad events occur rather than setting up systems to avoid them and deflect liability onto others.

  • Eric AugustynPro Member
    Investor · Chicago, IL · Member since 2017 · 15 posts · 33 votes
    2mo

    Carissa - Thanks for posting this question in the forums. I'll hold back from being the 10th person to say you are overthinking it, but don't loose sleep over this. I created all these LLC's Series LLC's, 15 years ago and I am now loosing sleep over how complicated I have made my business with LLC registrations, tax filings, and insurance policies. I miss more processes, spend a ton of money, and seem to have more stress.

    Keep working hard, investing/saving, and get the the point where you need to start worrying about a trust, then revisit.  

    BiggerPockets
    • Carissa AtendidoPro Member
      OP
      Member since 2025 · 53 posts · 37 votes
      2mo

      @Eric Augustyn thanks for sharing Eric! So I jumped the gym and already created my 2 entities (WY & FL). Would you recommend me waiting to see if I can actually get written approval from the bank to transfer the deed into my LLC before dissolving it? Or should I keep it open until maybe closer to the annual renewal so I don't spend money on renewing it and just dissolve it.
      maybe I can use these entities to hold my savings accounts as safe asset LLC? 

      oh lord... here I go again over complicating things lol 

    • Eric AugustynPro Member
      Investor · Chicago, IL · Member since 2017 · 15 posts · 33 votes
      2mo
      Quote from @Carissa Atendido:

      @Eric Augustyn thanks for sharing Eric! So I jumped the gym and already created my 2 entities (WY & FL). Would you recommend me waiting to see if I can actually get written approval from the bank to transfer the deed into my LLC before dissolving it? Or should I keep it open until maybe closer to the annual renewal so I don't spend money on renewing it and just dissolve it.
      maybe I can use these entities to hold my savings accounts as safe asset LLC? 

      oh lord... here I go again over complicating things lol 


      I'd be curious to see if the lender gives you approval, if not, I would not mess with that rate, especially at a 30 year.  Also - If this is in Florida, I believe they still have a stamp tax to transfer a mortgage, so it can be costly.  

      BiggerPockets
    • Carissa AtendidoPro Member
      OP
      Member since 2025 · 53 posts · 37 votes
      2mo
      Quote from @Eric Augustyn:
      Quote from @Carissa Atendido:

      @Eric Augustyn thanks for sharing Eric! So I jumped the gym and already created my 2 entities (WY & FL). Would you recommend me waiting to see if I can actually get written approval from the bank to transfer the deed into my LLC before dissolving it? Or should I keep it open until maybe closer to the annual renewal so I don't spend money on renewing it and just dissolve it.
      maybe I can use these entities to hold my savings accounts as safe asset LLC? 

      oh lord... here I go again over complicating things lol 


      I'd be curious to see if the lender gives you approval, if not, I would not mess with that rate, especially at a 30 year.  Also - If this is in Florida, I believe they still have a stamp tax to transfer a mortgage, so it can be costly.  


       I wonder if it will cause harm by me asking. But if they say no, then i can just remain status quo and keep in under my name. 

      And yes, Florida has doc stamp fees $0.70 for every $100 on the mortgage balance. But I did see online that this can be exempt IF the transfer is made and the original owner remains the the majority or 100% owner.

    • Eric AugustynPro Member
      Investor · Chicago, IL · Member since 2017 · 15 posts · 33 votes
      2mo
      Quote from @Carissa Atendido:
      Quote from @Eric Augustyn:
      Quote from @Carissa Atendido:

      @Eric Augustyn thanks for sharing Eric! So I jumped the gym and already created my 2 entities (WY & FL). Would you recommend me waiting to see if I can actually get written approval from the bank to transfer the deed into my LLC before dissolving it? Or should I keep it open until maybe closer to the annual renewal so I don't spend money on renewing it and just dissolve it.
      maybe I can use these entities to hold my savings accounts as safe asset LLC? 

      oh lord... here I go again over complicating things lol 


      I'd be curious to see if the lender gives you approval, if not, I would not mess with that rate, especially at a 30 year.  Also - If this is in Florida, I believe they still have a stamp tax to transfer a mortgage, so it can be costly.  


       I wonder if it will cause harm by me asking. But if they say no, then i can just remain status quo and keep in under my name. 

      And yes, Florida has doc stamp fees $0.70 for every $100 on the mortgage balance. But I did see online that this can be exempt IF the transfer is made and the original owner remains the the majority or 100% owner.


       You won't cause any harm.  I used to be nervous with that stuff when I first started.  Then you learn lending institutions just want more business, not to take it away from you. (assuming we are not in a GFC).  

      BiggerPockets
  • Drew SygitBusiness Member
    Property Manager · Royal Oak, MI · Member since 2012 · 13k+ posts · 9k+ votes
    2mo

    Is the 4.99% rate permanent or a Temporary Buydown rate?

  • Vijay FriedmanBusiness Member
    Miami, FL · Member since 2026 · 766 posts · 124 votes
    2mo
    Quote from @Carissa Atendido:

    I’m currently under contract on my first long-term rental. It’s a turnkey new construction, with closing scheduled for the end of August 2026.

    I’m getting a great deal: 4.99% interest rate + $20K in closing-cost incentives through the builder's financing program. Because of the financing, I'm planning to close in my personal name and, assuming everything goes as planned, transfer the property into an LLC after closing. (confirming that the lender is aware that this is an investment property)

    Here’s where I’m at—and what’s keeping me up at night:

    1. Due-on-sale clause

    I've been researching the idea of transferring the property from my personal name to my LLC after the loan has been sold into the secondary market and is backed by Fannie Mae/Freddie Mac.

    My understanding from what I've read is that there may be circumstances where a transfer to an LLC that I own may be permitted, but I'm not clear on how this actually works in practice or whether the lender still has the right to accelerate the loan under the due-on-sale clause.

    Has anyone here actually gone through this process with a conventional/Fannie or Freddie-backed loan?

    Have you ever received a notice of acceleration or had your lender object to the transfer?

    2. Anonymity / asset protection / taxes

    As I scale, my goals are:

    • Privacy/anonymity
    • Asset protection
    • Properly capturing legitimate tax deductions

    I’ve already structured my entities so that my personal name doesn’t appear on the public-facing entity records.

    If I deed the property from myself into an LLC after closing, does that effectively defeat the privacy/anonymity objective because of the property records?

    For those who have structured rentals this way, how have you handled it?

    3. Insurance

    If I initially insure the property under my personal name and then later transfer title to an LLC, has anyone had issues cancelling the original policy and obtaining a new policy with the LLC as the named insured?

    I want to make sure the deed, ownership entity, mortgagee, and insurance policy are all properly aligned so there aren’t coverage issues if I ever have a claim.

    4. Land Trust

    Would a Florida Land Trust make more sense for this situation?

    I’ve been researching whether a Land Trust could help address the due-on-sale issue and potentially avoid additional documentary stamp taxes/transfer costs.

    For anyone who has actually used a Land Trust with a conventional mortgage, I’d love to hear how you structured it and what your lender’s position was.

    5. Am I overcomplicating this? 😂

    This is my first rental, and I’m trying to set things up correctly from Day 1 rather than create problems later.

    My closing date is approaching quickly, and I’m honestly getting analysis paralysis. If I walk away from the deal, I lose $10K, so I obviously don’t want to make a decision based on fear—but I also don’t want to create a potentially serious financing/title/insurance problem.

    What would you do in my situation?

    I’d especially appreciate feedback from anyone who has actually transferred a conventional-financed rental from their personal name into an LLC or Land Trust after closing, rather than just general theory.

    Thanks in advance!

    @Carissa Atendido
    I’d be careful about changing title after closing without getting confirmation from the lender, title/closing side, and insurance carrier first. With 4.99% plus the builder incentive, I’d personally be hesitant to disturb that financing unless there’s a clear reason to. For future rentals, it may be worth structuring the financing around the entity from the beginning so you don’t have to solve the ownership/title issue after closing.

    DreamPoint Capital
    • Carissa AtendidoPro Member
      OP
      Member since 2025 · 53 posts · 37 votes
      2mo

      @Vijay Friedman Hi Vijay! Thanks for you input. If I were to confirm in writing that a transfer is possible form the new lender, would you say yes- transfer it in your LLC or would you still ask for what purpose? My main purpose is liability protection from my personal assets. And second, I eventually want to change the entity to a partnership where I still control majority of the ownership. Is this even possible or recommended ?

      sorry for all my dumb questions . Appreciate your time responding back to me! 

  • Investor · Milwaukee - Mequon, WI · Member since 2010 · 5k+ posts · 7k+ votes
    2mo

    I asked the questions here a couple years ago, about who ever got saved by their LLC. The post got a enormous amount of responses, but nobody had a story that would actually make a clear case. Some people felt that having an LLC looks more professional and helped avoid situations, but that's pretty vague.

    I am also on the board of the Wisconsin Rental Property Association and in all those years I have never heard a story from a member that made me think: wow, I am glad they had an LLC!

    Personally, I have several LLC's because you can't hold commercially financed property in your personal name. But I still have my early deals in my personal name and never felt the need to change that. I am also very comfortable that all my LLC are registered to my home address - the whole idea that you should (or can) hide with residential real estate is quite ridiculous.

    Disclaimer: this is true only for us non-billionairs.

    Get an umbrella policy, a current, well-litiated lease for your State, stay on top of issues and be a good landlord - you'll be fine.

    • Investor · Get yourself trained before doing something inadvisable. · Member since 2024 · 3k+ posts · 1k+ votes
      2mo
      Quote from @Marcus Auerbach:

      I asked the questions here a couple years ago, about who ever got saved by their LLC. The post got a enormous amount of responses, but nobody had a story that would actually make a clear case. Some people felt that having an LLC looks more professional and helped avoid situations, but that's pretty vague.

      I am also on the board of the Wisconsin Rental Property Association and in all those years I have never heard a story from a member that made me think: wow, I am glad they had an LLC!

      Personally, I have several LLC's because you can't hold commercially financed property in your personal name. But I still have my early deals in my personal name and never felt the need to change that. I am also very comfortable that all my LLC are registered to my home address - the whole idea that you should (or can) hide with residential real estate is quite ridiculous.

      Disclaimer: this is true only for us non-billionairs.

      Get an umbrella policy, a current, well-litiated lease for your State, stay on top of issues and be a good landlord - you'll be fine.

      I watch the issue of LLC protection and lawsuits a lot and I know of No lawsuit where the LLC was sued and the individual was excluded. I've always seen -

      "Somebody" vs "LLC,
                             Personal Name,
                             Wife's personal name as their married estate"

      (even if she had nothing to do with the transaction) 

      The umbrella policy is a better choice. An LLC helps in establishing tax distinctions when properly maintained. (Separate bank accounts, tracking, that kind of thing) Don't confuse that with tax write offs. The LLC itself doesn't magically create extra write-offs.
  • Member since 2020 · 5 posts · 12 votes
    2mo

    Carissa,

    I have a dissenting view and believe that LLCs and trusts provide more anonymity and liability protection than just about everyone above. There are over 21 million active LLCs in the US and they would not be so widely used in multiple businesses if they did not have benefits. I also don’t think keeping your personal and business expenses separate is hard and you already need the good bookkeeping for your taxes. I also stopped getting all the calls and mail from wholesalers as soon as I put my property in a trust. However, they are not perfect and you need to balance the extra costs vs the benefits.

    From what you said you are buying your first rental property and have already set up two LLCs. You also have a home warrantee that may not transfer if you put the property in an LLC. Your liability is very low – I have had rental real estate in my name for 40 years and have never been sued. You will also be learning a lot as a new landlord and don't want to complicate things too much with a new entity structure. I would recommend keeping the property in your personal name, ensuring you have an umbrella insurance policy and signing a management agreement with your Florida LLC to manage the properties. The Florida LLC would be the forward-facing "operating company" that has the bank account, signs the lease and collects the rent. It provides very limited liability / asset protection, but you already have the LLC so you might as well use it and having the separate business account helps you think about your Real Estate as a business. I would make the LLC a pass-through entity so that you don't need to file a separate tax return.

    Later on, you may want to move your properties into a "holding company" LLC. There are advantages and disadvantages to doing this and it should be part of your estate planning. You don't have to do it now and it is hard to set it up "from Day 1" because the right structure for you may change. What you want right now is something simple so you can concentrate on operating the real estate.

    To answer some of your other questions:

    I have moved several rental properties into trusts and never had an issue with the due on sale clause. The only issue I had was with California who wanted to see the trust documents to show I was still the beneficiary of the trust so that it would not trigger a change of ownership and property value reassessment. Moving it to an LLC would be different because you would not have the protection of the Garn-St. Germain Act. I doubt the mortgage company would agree to this.

    The insurance depends on the specific insurance company. Two of my insurance companies added the trust as Additional Insured and the other changed the insured to both the trust and me as the trustee of the trust.

    Ultimately, my property is owed by individual trusts and operated by an LLC that are all owned by my Living Trust. It offers some liability protection and some anonymity, but the real advantage is the estate planning. When I die the rental income goes to the same business bank account, the property taxes go to the same virtual mailbox and my lawyer just needs to update the beneficiaries on a few trusts and the managers of the LLCs.

  • Stuart UdisPro Member
    Attorney · Philadelphia · Member since 2018 · 2k+ posts · 3k+ votes
    2mo

    @Alex Desroches I agree in part. LLCs provide real benefits. They generally do a good job of keeping an owner's individual name out of the court docket and provide significant flexibility for business planning purposes. That does not mean an LLC is in everyone's best interest, particularly for a new investor when you consider the totality of the circumstances. The clearest example in my opinion is when taking title through an LLC would prevent someone from qualifying for an FHA mortgage. Pairing FHA financing with a good real estate purhcase is one of the most powerful tools available. I wouldn't bypass an LLC merely for a slightly better interest rate. An important caveat is that the LLC must also be used correctly and serve a practical purpose.

    The second part is where I disagree. If Carissa formed LLCs but ultimately decides to take title in her individual name, that should not lead to, "I already have an LLC, so how can I find some way to use it?" Utilizing one of the LLC's as a management LLC solely to justify the existence of an otherwise unnecessary entity provides little, if any, practical benefit. It instead adds expense and complexity. The mere creation of a management LLC that serves no purposes other than to be the "manager" of one property (or even a few) is the text book case for an alter ego argument.

    Furthermore, once the management LLC holds itself out as the property manager, it should have its own general liability coverage and a legitimate written management agreement. If a serious premises liability claim arises, I can guarantee the deed holder will be named as a defendant, and the management LLC may be named as well. You now potentially have two defendants, two insurance policies, possibly disputes over which carrier must defend, which policy responds first, and whether each party qualifies as an insured under the other policy. The plaintiff may also seek recovery under both policies if the facts support liability against both parties. All in all, the structure adds cost and complexity without providing a meaningful benefit to the actual property owner. This is why it's important for property owners to understand how and why their entities will be applied in the event a claim arises. A separate management LLC is honestly one of the most impractical uses of an entity absent meaningful business dealings beyond solely "managing" a few personal properties. I am talking employees, 3rd part contracts, perhaps holding a broker license..... enough to demonstrate the management company has meaningful business purpose.

  • Austin, Travis County · Member since 2026 · 13 posts · 3 votes
    2mo

    @Carissa Atendido 

    Separate the entity/legal questions from the investment decision itself. Before letting the structure overwhelm the deal, I’d make sure you’re independently comfortable with the property’s economics under the financing you’re actually receiving — realistic rent, taxes, insurance, vacancy/maintenance and what happens if one assumption comes in worse than expected. If the property still works conservatively, then the entity question is a different problem to solve with the lender/attorney. Have you already stress-tested the deal itself?

    • Carissa AtendidoPro Member
      OP
      Member since 2025 · 53 posts · 37 votes
      2mo
      Quote from @Nicholas Alexander Guerrero:

      @Carissa Atendido 

      Separate the entity/legal questions from the investment decision itself. Before letting the structure overwhelm the deal, I’d make sure you’re independently comfortable with the property’s economics under the financing you’re actually receiving — realistic rent, taxes, insurance, vacancy/maintenance and what happens if one assumption comes in worse than expected. If the property still works conservatively, then the entity question is a different problem to solve with the lender/attorney. Have you already stress-tested the deal itself?

      I used AI to help stress test the different scenarios. What has me now pausing is I just got off a call with my CPA and she told me that holding the property under my personal name will not have much advantages from a tax standpoint because my MAGI is > $150K. She also told me that I wont be able to utilize the suspended losses when income becomes available or when i sell. Im like WHAT??!?!? that is NOT what ive been researching or what people have been saying. 

      At this point, im so confused and im getting cold COLD feet. If i back out, i lose $10K. But if I stay, i could potentially make a good profit.
    • Investor · Get yourself trained before doing something inadvisable. · Member since 2024 · 3k+ posts · 1k+ votes
      2mo
      Quote from @Carissa Atendido:
      Quote from @Nicholas Alexander Guerrero:

      @Carissa Atendido 

      Separate the entity/legal questions from the investment decision itself. Before letting the structure overwhelm the deal, I’d make sure you’re independently comfortable with the property’s economics under the financing you’re actually receiving — realistic rent, taxes, insurance, vacancy/maintenance and what happens if one assumption comes in worse than expected. If the property still works conservatively, then the entity question is a different problem to solve with the lender/attorney. Have you already stress-tested the deal itself?

      I used AI to help stress test the different scenarios. What has me now pausing is I just got off a call with my CPA and she told me that holding the property under my personal name will not have much advantages from a tax standpoint because my MAGI is > $150K. She also told me that I wont be able to utilize the suspended losses when income becomes available or when i sell. Im like WHAT??!?!? that is NOT what ive been researching or what people have been saying. 

      At this point, im so confused and im getting cold COLD feet. If i back out, i lose $10K. But if I stay, i could potentially make a good profit.
      That's the problem with AI. And they won't show up in Tax Court to defend what they've told you. I'd stick with a real estate based CPA. 
    • Austin, Travis County · Member since 2026 · 13 posts · 3 votes
      2mo

      @Carissa Atendido 

      I’d separate two questions here: “Is this actually a good rental deal?” and “What is the optimal tax/entity structure for me personally?”

      Your CPA should absolutely own the second question, but I wouldn’t let uncertainty there completely replace the first. Run the deal under conservative rent, expenses, financing, vacancy, repairs and exit assumptions and see whether it still works without needing a tax benefit to save the economics.

      One thing I would ask your CPA to clarify specifically is the suspended-loss point. My understanding is that the $25k rental allowance generally phases out at higher MAGI, but suspended passive losses normally carry forward and may become usable against future passive income or upon a qualifying disposition. There may be something specific to your situation that changes that.

  • CPA| New Clients Welcome| 50 States · Member since 2016 · 440 posts · 97 votes
    2mo

    One thing I’d be careful about is creating complexity before there’s a specific reason for it. The right ownership structure usually depends on more than liability protection alone—financing terms, tax treatment, future partners, state filings and how you expect the portfolio to grow can all matter. Before changing title or adding entities, I’d map out the immediate property and the next few likely acquisitions so the structure supports the plan rather than having to be rebuilt later.

    • Investor · Get yourself trained before doing something inadvisable. · Member since 2024 · 3k+ posts · 1k+ votes
      2mo
      Quote from @Fulton Abraham Sanchez:

      One thing I’d be careful about is creating complexity before there’s a specific reason for it. The right ownership structure usually depends on more than liability protection alone—financing terms, tax treatment, future partners, state filings and how you expect the portfolio to grow can all matter. Before changing title or adding entities, I’d map out the immediate property and the next few likely acquisitions so the structure supports the plan rather than having to be rebuilt later.

      Well said. "

      "One thing I’d be careful about is creating complexity before there’s a specific reason for it."



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