Both real estate investors and hard money lenders want to reduce risk.  One way for an investor to do that is to create an LLC or Corporation for the specific deal .  This is still an advantage for a borrower who can only obtain investment property financing a private hard money lender because of poor borrower credit . This type of loan can be a NON-recourse loan which means, that you as the investor is not obligated on the loan .

Some private hard money lenders require that the transaction be structured this way because the “entity” is clean, meaning it has no liens, judgments, and hidden liabilities, including mechanic liens possibly cloud the title of the property.   Another way for an investor to set up a non-recourse hard money loan is to put the property intot a self-directed IRA, which also defers the tax on profits and can be an excellent way to build retirement. A third way for an investor to set up a NON-recourse hard money loan is to set up a title holding trust or a land trust. Remember, private hard money lenders are asset based lenders.  There are many ways to get more or less the need for putting cash into the deal, including cross-collateralization, pledged notes secured by other properties, buying right at the correct LTV, solid exit strategies, pocket buyers, etc .

The entity type you choose for your deal can give you greater flexibility.  For example, an self directed IRA can be “assigned” a contract by adding the words “and or assigns” in the contract to buy the property or the written offer made on behalf of a self directed IRA.  The techniques offers not only asset protection but also for deferring income tax on “flip transactions” because profit goes back into the designated IRA .

Real estate investors seeking deals with limited recourse or non-recourse should consider the options attached with setting up executable investment entities.  These entities cost little to set-up and give a real estate investor a considerble quantity of protection and versatility in investing strategy.  It is not strange for an investor to set up a different entity for each different property. 

In making offers, many real estate investors will use an “assignable” clause in the purchase contract to acquire the property so as not to create a red flag for the seller.  Rehab hard money lenders frequently will consider non-recourse in the commercial segment of the real estate market for income-producing properties, particularly .


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Tags: land trust, non recourse loan, real estate investors, self directed ira, real estate investor, exit strategies, private hard money lender

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