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The Private Lender Podcast - Keith Baker EPISODE 121, 22nd March 2021
PLP - 121 Lending to an entity
00:00:00 00:10:16

PLP - 121 Lending to an entity

Greetings from the laughingstock of the professional sports world – Houston, TX. And welcome to episode 121 of the Private Lender Podcast, I’m your host, Keith Baker and I’d like to thank you for sharing your time with me today. 

If you’re looking for practical tips and advice on Private Lending and how to keep your money safe, then you are in the right place. But if you want to learn from my mistakes so you can both avoid and profit from them, well then pull up a chair and pour yourself a stiff drink my friend, because this podcast is just for you!

The PLP is dedicated to giving people just like you and me the knowledge and confidence to participate in the most passive form of real estate investing known to man: Private Lending.

And if you are looking for a shortcut to begin Private Lending then head over to PrivateLenderPodcast.com/ink to learn how you can put your money to work for you by investing in private and hard money loans around Houston.

Also, make sure to join the Private Lender Podcast Facebook group to connect with other private lenders and be a part of the community.

Are you ready to get down to the brass tacks of today’s episode? – Cuz I know I am!

Today’s topic is about lending to an entity instead of a person, and what you need to do in order to protect your money. So let’s dive in, shall we??!!

A retail loan to an individual

           Retail bank (as well as SDIRA custodian) will require the borrower’s name, address, contact info, driver’s license, and social security number.

In the case of a loan or mortgage, the borrower’s social security number is important for 2 reasons:

  1. allows the lender to perform a credit report to help underwrite the loan
  2. allows the lender to report the borrower to credit bureaus in case of default or delinquency. This is how banks can keep some of the borrower’s skin in the game with a conventional or FHA mortgage – especially in a low or no money down scenario.

The same principles apply to Private Lending. While I don’t actually pull a credit report for a borrower, I require the same info as the bank, especially the social security number. If my borrower defaults, I can seek legal remedies against them with their social security number in civil court. And I can put a bruise on their credit report if I decide it is worth it to pay the money.

Now let’s look at what happens when Fraudulent House Flippers, LLC applies for a loan at the bank:

First off, besides requiring 20% of the purchase price at the closing table for an investment property purchase, they want to see the formation documents for the entity and who are the members and managers, and the LLC’s EIN or federal tax ID number, bank statements, etc.

They also require a personal guarantee, unless your LLC has a substantial amount of money deposited with said bank.

Why would they require a personal guarantee for a business loan? That’s a good question. But a better question is why should every Private Lender require a personal guarantee when lending to an entity such as an LLC?

I’ll walk you through the answer because it can ruin your day.

Let’s say I loan 100k to Fraudulent House Flippers, LLC to purchase and renovate a property. For three months I am paid as agreed, but in month 4 Fraudulent House Flippers LLC stops paying their note, and after the loan goes into default, let’s assume two things happen:

           1 – I foreclose on the property – a hassle I don’t want but have accepted the risk

2 – Fraudulent House Flippers, LLC dissolves the entity and now you don’t have anyone to sue in civil court or receive a deficiency judgment.

However, if you require a personal guarantee from every member of the LLC, you now have a means by which you ensure the borrower keeps their skin in the game, and their butt on the line. Because they can’t just walk away as if nothing happened. 

Remember, you upheld and honored your half of the agreement by putting up your money. You should not feel bad for making the borrower live up and honor their half of the agreement, to the fullest extent allowed by your state law and loan documents.

A personal guarantee is a no-brainer and it is non-negotiable. Most heavy hitter RE investors won’t blink an eye at the personal guarantee – they see it as a cost of doing business. Except Ray Sasser of Episode 26 and 93 fame. Ray will try to negotiate for anything. It’s not that he is opposed to a personal guarantee, cuz he can back it up. But he loves to negotiate ANYTHING, just for the sake of negotiating, and nothing more. 

Remember: it's your money and your terms!

 Well, that’s gonna do it for Episode 121 and now I will give you my parting thoughts, which are:

I don’t charge money to produce this show, but I would be extremely grateful if you would help get the word out and increase awareness for the show by leaving me an honest rating and review over at iTunes, Google Podcast, Spotify, or whatever platform you are using to hear my voice. That is a small but quick request that will pay us both dividends. And to be honest I believe it is a small price for the value you hear on the PLP.  And that’s the truth!

If you would like to get started on your Private Lender career but don’t know where to start, head over to PLP.com/ink to learn more about how you can begin Private Lending in the Houston area with friends of the show.

And don’t forget to join the Private Lender Podcast Facebook group

 And as we close I want to thank you for your time and for listening. 

So besides self-awareness, I wish you safe and prosperous Private Lending.


I’ll catch you on the next episode.

-k


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