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I have some questions regarding real estate. I currently have

 
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  • Answered by:evanesq
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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.

 

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State/Country relating to question: New York

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Submitted: 292 days and 9 hours ago.
Category: Real Estate Law
Value: $25
Status: CLOSED

Accepted Answer

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Expert:  RE Att. & Developer replied 292 days and 9 hours ago.

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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Expert TypeLawyer
Category: Real Estate Law
Pos. Feedback: 98.6 %
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Answered: 6/29/2012

Experience: Texas lawyer for 32 years; Also RE developer

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Customer replied 292 days and 8 hours ago.

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?

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Expert:  Brent Blanchard replied 292 days and 5 hours ago.

Accidental over-post, lost internet connection during spell-check.

Please disregard.

BAB.
Brent Blanchard41089.9492303241

Customer replied 287 days and 15 hours ago.

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?

Accepted Answer

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Expert:  evanesq replied 287 days and 5 hours ago.

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.

For example, if you have two properties in one entity, and someone injures themselves in property "A", resulting in a judgment that exceeds your insurance policy, both properties "A" and "B" will be subject to the lien and possible execution. If, however, each is in its own entity, only the property where the injury took place will be exposed to liability.
Similarly, if entity "A" takes a mortgage against property "A" and defaults, only property "A" will be available to the creditor. As property "B" is not owned by entity "A", the creditor cannot touch it. Note, however, that if you take the loans personally, this scheme will be defeated- the creditor would be able to lien your ownership interest in either entity, so it is certainly best to take the loan in the name of the entity.
The properties can be transferred to new entities by the recording of a simple Quitclaim deed.
I hope that clarifies the situation for you. If you have more questions, or feel that you cannot rate this response with at least a "3" rating, please continue the conversation so that I can provide more information. Otherwise, kindly rate this question to close the thread. Best wishes.
evanesq41094.9470396991

Expert TypeLawyer
Category: Real Estate Law
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Answered: 7/4/2012

Experience: 18 years of experience.

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