@Tony Wooldridge I am a conventional lender that specializes in working with a lot of investors. We don't do the hard money loans currently, so I refer the loans out to the hard money lenders directly, however we are going to be set up to write some of the hard money loans soon, so will update everyone when that happens. For now, I'm happy to refer the borrowers to the right lenders.
The reason that it needs to be an Sub S corp is that Fannie Mae feels that with an LLC being a pass through type of entity, its virtually the same as you or a sole proprietor. Now, the rest of the world knows there is a difference from you the private person and the LLC entity, however Fannie Mae has rules that just don't work with the LLC in the same way it does the Sub S corp.
See Fannie Mae Guidelines below:
See below from the reference guide for FNMA multiple financed properties. If they own 25% or more of the LLC or partnership then it would count.
Type of Property Ownership to include in Financed Property Count:
Joint ownership of residential real estate. (This is considered to be the same as total ownership of an individual property).
Note: Other properties owned or financed jointly by the borrower and co-borrower are only counted once.
Joint or total ownership of a property that is held in the name of a corporation or S-corporation, even if the borrower is the owner
of the corporation; however, the financing is in the name of the borrower.
Obligation on a mortgage debt for a residential property (regardless of whether or not the borrower is an owner of the property).
Ownership of property that is held in the name of a limited liability company (LLC) or partnership where the borrower(s) have
an individual or combined ownership in the LLC or partnership of 25% or more, regardless of the entity (or borrower) that is the
obligor on the mortgage.
Ownership of a property that is held in the name of an LLC or partnership where the borrower(s) have an individual or combined
ownership in the LLC or partnership of less than 25% and the financing is in the name of the borrower.
Ownership of a manufactured home and the land on which it is situated that is titled as real property
Type of Property Ownership NOT to include in Financed Property Count:
Ownership of commercial real estate.
Ownership of a multifamily property consisting of more than four dwelling units.
Joint or total ownership of a property that is held in the name of a corporation or S-corporation, even if the borrower is the owner
of the corporation and the financing is in the name of the corporation or S-corporation.
Ownership in a timeshare.
Ownership of a vacant (residential) lot.
Ownership of a property that is held in the name of an LLC or partnership where the borrower(s) have an individual or combined
ownership in the LLC or partnership of less than 25% and the financing is in the name of the LLC or partnership.
Ownership of a manufactured home on a leasehold estate not titled as real property (chattel lien on the home).