[WSBARP] Loan Secured by Investment Real Estate-LLC v Trust

[Nestor Gorfinkel]

Why not have the LLC as the Beneficiary of the Land Trust?


Cordially,

Nestor Gorfinkel, Attorney at Law
Licensed in Florida & Washington State
Florida Civil-Law (International) Notary

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Robert West
Sent: Tuesday, February 22, 2022 1:02 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Loan Secured by Investment Real Estate-LLC v Trust

Listmates -

Client wants to purchase investment property using a LLC for asset protection.  Lender will not loan to LLC, but will loan to client's trust.  I am curious how some of you structure such a transaction and avoid a "due on sale" risk, if it is not exempt under Garn St.-Germain, by transferring ownership to the LLC after the loan funds, regardless whether a trust is even used in the purchase transaction.

Robert E. West, Jr.
WEST LAW OFFICES, P.S.
Attorneys at Law
332 1st Street NE
Auburn  WA  98002
Telephone:  253-351-9000
Facsimile:    253-833-5322
E-mail:  rwest at westlawoffices.com<mailto:rwest at westlawoffices.com>
Website:  www.WestLawOffices.com<http://www.westlawoffices.com/>

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