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BRRRR - Buy, Rehab, Rent, Refinance, Repeat
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Mustafa Erden
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Greg Scott
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Greg Scott
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Replied Apr 29 2023, 18:26

I would have different answers for commercial properties.  For residential SF, duplexes, triplexes, or quads, this is my (non-lawyer) experience

Pros for in your name:  1) Easier  2) Access to better financing  3) You don't have to worry about due-on-sale clause

Cons for in your name: 1) Extra liability exposure if any claim exceeds your insurance liability coverage 2) Lots of phone calls from people trying to buy your rent property 3) Lots of phone calls from people trying to buy your rent property

Pros for in an LLC 1) Theoretically unlimited liability protection from the property in the LLC if it is manage correctly 2) Greater potential for anonymity if you are willing to incorporate in certain states and pay for Resident Agents 3) It feels cool to have a company

Cons for an LLC 1) 50% of people don't do it right so they really have zero LLC protection 2) It costs more, both in terms of financing and annual fees (if you do it right) 3) LLCs provides your asset no protection against something YOU might do (like crash a car) while umbrella insurance can provide protection for you from your property and for your property from things you might do.

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Eliott Elias#3 BRRRR - Buy, Rehab, Rent, Refinance, Repeat Contributor
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Eliott Elias#3 BRRRR - Buy, Rehab, Rent, Refinance, Repeat Contributor
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Replied Apr 30 2023, 06:50

Buying in your LLC will build your business credit and will start the road to being qualified for commercial loans. It is also easier for recordkeeping.

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Brett Deas
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Brett Deas
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Replied Apr 30 2023, 09:48

You can always quitclaim it into an llc later. IMO the only plus for putting it into an llc early is for business credit, otherwise the legal protection is not as much as people think and your landlord insurance should cover almost all issues that come up. 

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Ted Schirm Jr
  • Lender
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Ted Schirm Jr
  • Lender
Replied May 24 2023, 08:27

WIth an LLC you are limited to where you can get financing as conventional financing won't allow it. Some people switch the title over to an LLC after getting financing but there have been cases that the investor will find out and call the note due (does not happen with any great frequency but has been known to happen) There are options, like a DSCR loan, without going to a full commerical lender and closing the property in an LLC and save on a lot of the costs (environmental study for one). If you are intersted in having a chat shoot me a message.

I have worked with a number of people who BRRRR and we have come up with long term plans to make sure not only the first deal has gone well but everything is set up for the next one.

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Andrew Syrios
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Andrew Syrios
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ModeratorReplied May 24 2023, 10:55

I would generally advise an LLC for liability reasons. The only exception is that you can only get Fannie/Freddie loans in your own name (and FHA if you're buying yourself). So if you intend to get those loans, I would buy in your own name (you can transfer them into your LLC but that technically triggers the due on sales clause so there is a small risk there), but otherwise I would use an LLC.

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Chris Seveney
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Chris Seveney
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Replied May 24 2023, 13:41

@Mustafa Erden

Business credit for owning rentals does nothing for you. Banks won’t lend for investments they lend for active businesses, so doing it to build business credit is a farse