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I have some questions regarding real estate. I currently have 2 rental properties and I have this under s-corp. However, I took out 2nd mortgage from my primary residential property for one of my rental property. Therefore, one of my rentals is paid off officially. I would like to get another mortgage against the rental which is paid in full. I guess I have to do the 2nd mortgage on this property. I have following questions.1. This will be business loan if I get a loan under my s-corp. I need more write off on my business. Is this right thing to do?2. If I default on my business loan I am referring to above, do I risk my 2nd rental property? In another words, can mortgage company can claim my business asset on other rentals.
Optional Information: State/Country relating to question: New York Already Tried: None
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.
Good afternoon. 1) If the S corp owns the land and the S corp gets the loan, it will be entitled to the deductions relating to the loan and the Rental Property. 2) If both properties are under the same S corp, because New York is a deficiency state allowing the lender to go after the borrower for any shortfall, if you default and the foreclosure sale is not sufficient to pay the loan in full, the lender could go after the other S corp assets. You might want to consider putting each property into its own entity so there is no cross-contamination.
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Thanks for allowing meto be of service to you. Please be aware that the information provided here isnot legal advice. Rather it is simply general information. All states have intricacies in their lawsand any information given is simply information only and specifically is notintended to be, nor does it constitute, legal advice. This communication doesnot establish an attorney-client relationship with you. I hope this answer has been helpful to you.
Experience: Texas lawyer for 32 years; Also RE developer
You stated that I might want to consider putting each property into its own entity so there is no cross-contamination. How do I get each property into its own entity?
Accidental over-post, lost internet connection during spell-check.Please disregard.BAB.Brent Blanchard41089.9492303241
The expert was properly suggesting that you create a second s-corporation (or more properly, an llc) and have only one property in each entity. That way, the debts and liabilities of the one entity will not affect the other properties.
Experience: 18 years of experience.