Father in laws line of credit

Father in laws line of credit

Investor · Winston- Salem, NC · Member since 2019 · 21 posts · 8 votes

My father in law has agreed to use a line of credit that is already set up to buy a property. As of now he doesn't want to take an active part in real estate. The deal we have been contemplating is a 4 plex that we should be to get under market, put some money into each unit to get it updated and get some tenants in there and eventually refinance to pull cash out to pay him back. The question I keep coming back to is how I structure this. If its his line of credit, I am assuming I can not purchase the property directly? If I can not purchase the property directly how do I get the property into my name in order to refinance. I have contemplated starting a LLC with him in hopes that it would be an easier transition but LLC equals commercial loan. The banks that I have talked to about commercial loans require a 12 month seasoning and currently a 20 year amortization rate over 5 years which make the payments pretty steep. Anyone had a similar situation and found a solution that worked for them. Thanks

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Rental Property Investor · Greenwich, CT · Member since 2015 · 4k+ posts · 2k+ votes
7y

@Mark Linder, yes, if the LLC is holding the loan it's commercial, but you should be able to keep title in a LLC and the loan under personal names.

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  • Rental Property Investor · Greenwich, CT · Member since 2015 · 4k+ posts · 2k+ votes
    7y

    @Mark Linder, I think you can go about it a couple of different ways:

    1. You and your FIL are both on the note and title. This shouldn't be a problem.
    2. Your FIL loans you the capital and you hold the note and title by yourself. This is a little different structure for your FIL as he'd be getting a flat return via the loan. So he's not investing directly into the RE.

    FYI: just because you hold title in a LLC doesn't mean that you must to a commercial loan. You can still personally guarantee the loan. In fact, most lenders will insist on it. Start calling around to your local banks and credit unions.

  • Investor · Winston- Salem, NC · Member since 2019 · 21 posts · 8 votes
    7y

    Thank you @Jaysen Medhurst!! I guess I was under the impression that I would not be able to be put on the note and title under either my name or an LLC because it was his line of credit. That makes things a lot easier. I will also start calling around more about the LLC and commercial loan. I have talked to 5 or 6 banks and they are all saying it would be a commercial loan. I guess I just havent found the right one yet. Thanks again

  • Rental Property Investor · Greenwich, CT · Member since 2015 · 4k+ posts · 2k+ votes
    7y

    @Mark Linder, yes, if the LLC is holding the loan it's commercial, but you should be able to keep title in a LLC and the loan under personal names.

  • Specialist · San Antonio, TX · Member since 2015 · 909 posts · 297 votes
    7y

    you can be on title and note for no reason at all depending on state laws, just make sure everything is documented properly and use proper lender and title coordination

  • Investor · Winston- Salem, NC · Member since 2019 · 21 posts · 8 votes
    7y

    Thanks for the feedback @Justin Kane

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