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Purchasing Real Estate Through an LLC Before looking for portfolio lenders, ensure you're registered with your state's labor and licensing authorities before looking for portfolio lenders. When you apply for a rental property LLC mortgage, lenders may want a copy of your LLC's operating agreement. An operating agreement establishes the rules and regulations, the share of ownership, and member obligations. If you own rental properties, portfolio lenders may provide better rates because it demonstrates that you are a real estate investor. In addition, ownership of a real estate firm demonstrates that you are a low-risk borrower and reassures clients about your company. It will also comfort customers about your company. An LLC should pay for real estate purchases with its finances to avoid uncertainty about who owns the property. This is due to the possibility of uncertainty if the LLC dissolves and distributes its assets or if the corporation is sued. On the other hand, LLC members may lend their own money to the LLC to acquire a property. The LLC can apply for bank mortgages, which are accepted based on the credit rating and obligations of the company. Therefore, before approaching mortgage lenders, it is critical to establish creditworthiness. Just make sure to document any financial transactions between the entity and LLC members using the paperwork needed by your state. How to Transfer Property to a Limited Liability Company If you establish an LLC, you can transfer real estate and personal assets to help fund your new business and safeguard those assets from future liabilities. Selling real estate or other assets to an LLC is another transfer option. Transferring property to an LLC is a straightforward process, but it must be appropriately registered for the transfer to take effect. Method 1: Real Estate Transfer If you have a mortgage, get authorization from your lender. Most mortgage contracts include a provision that allows the mortgage lender to seek full repayment of the debt if the property is sold or transferred. • The lender should have no problem with you changing the property from your name to an LLC that you own. However, you must obtain written authorization from them. • Request the appropriate deed form. To transfer the property from your name to the name of your LLC, you must execute a new deed. A warranty deed is more complicated and requires you to make explicit promises regarding your property ownership. A quitclaim deed merely transfers whatever title you may have in the property. • If other members of your LLC are present, you may wish to ask them which they prefer. A warranty agreement will need a bit extra effort on your behalf. For example, you may need to conduct a title check on the property before using a warranty deed. • A quitclaim deed is quicker and easier to complete since it requires no labor or research. • Complete your deed form. The new deed transfers ownership of the property to your LLC. You will be the grantor, and your LLC will be the grantee. Make sure you utilize your company's registered legal name. • Examine the previous deed and ensure that you list your name precisely as it appears on the original deed. Otherwise, the transfer may be challenged afterward. Sign the deed in front of a notary. A notary public is usually required to make a real estate transfer official. The notary will confirm your identification before witnessing your signature. Aside from the notary, several states may need additional witnesses. If you need more witnesses, make arrangements for them to accompany you to the notary. Typically, all signatures must be performed simultaneously. In your operating agreement, note the property transfer. When you transfer real estate to your LLC, you are contributing money to the LLC. Therefore, your operating agreement should represent the monetary worth of the donation. If you still need to get a recent appraisal of the property, you may need to obtain one to determine the approximate worth of the property. You can also utilize your most recent tax assessment. Method 2: Transferring Additional Assets Determine the property's market worth. Any property transferred to your LLC is treated as a capital contribution. The amount of such contribution is the market value of the property transferred from your name to the name of the LLC. Even if you are the lone member of your LLC, the LLC is treated apart from you and your money. If your LLC has no additional members, you may not need to be as precise about the valuation. • If you started your firm as a sole proprietorship and deducted the property from your taxes, you may have to determine the carryover basis in the property for the LLC. For example, if you paid $2,000 for a computer and deducted $1,000, the LLC would have a $1,000 carryover basis regardless of the device's fair market value at the transfer time. • Title papers should be adjusted as needed. For example, if you transfer a piece of property with a title, such as a car, you must sign over the title to the LLC and execute a new title in the LLC's name. • If you're still making payments on the property you wish to transfer to your LLC, acquire authorization from your lender. Otherwise, they may use a provision in the loan agreement and demand full repayment of the remainder of the debt. • You should also transfer any warranties into the name of the LLC rather than your identity. • These papers may be required to be notarized. On the paperwork, look for a place for a notary seal. If you see one, wait until you are in the presence of a notary before signing the transfer document since they will need to witness your signature. • In your operating agreement, note the asset transfer. In your LLC's operating agreement, the fair market value of the property transferred must be recorded as a capital contribution. If your LLC has extra members, the ownership percentages may change. • If you filed your operating agreement with the Secretary of State in your state, you'll most likely need to submit the amended agreement.