For those looking to limit their financial liability and protect their assets, avoid direct ownership of a loan.
Read this simple Guide to learn how to do this effectively and responsibly.
-
Use a Business Entity
One of the most common ways to avoid the ownership of the loan is the use of a business entity such as a limited liability Company or a corporation.
Benefits:
- Safeguard your assets if you default on the loan
- Establish a Business Credit Profile which is entirely separate from your credit.
How to do it:
- First, create a state LLC or corporation company.
- Establish a business bank account and apply for loans in a business name.
- Keep separate financial accounts for business and personal activities.
-
Set Up a Trust
A trust can hold your property and financial assets, including loans. Putting the property in a trust removes your name from the loan, while the trust terms maintain control.
Benefits:
- Trust Offers You Privacy And Asset Protection
- This can be utilized as a part of estate planning.
How to do it:
- Talk to a lawyer to establish the trust.
- Make sure that the trust is adequately funded and handled legally.
-
Use Non-Recourse Loans
A non-recourse loan is where you only risk losing the collateral if you default, but the lender cannot go after your money.
Benefits:
- Protects your financial exposure.
- Offers a cushion if the collateral falls in value
How to do it:
- Learn about non-recourse loans and find lenders who provide them (usually for real estate investments).
-
Partnerships or Joint Ventures
Joint Venture or Partnership — This is where multiple parties share ownership and liability for loans. It enables you to divide the financial burden.
Benefits:
- Lowers personal ownership risk.
- Takes advantage of the financial capacity of two, or more, parties
How to do it:
- Develop a legal partnership agreement that defines roles and responsibilities.
- Avoid Direct Ownership of a Loan for a Business Partnership
-
Seek Professional Advice
Understanding how loans are structured or how financing works can be complicated. Consider consulting lawyers and financial experts to make sound judgments.
Why it matters:
- The right advice contributes to your establishment of legal entities or trusts in the right manner.
- Ensures conformity with financial regulations.
Conclusion
To never have anything to do with a loan, planning ahead of time; or using the right planning strategies. Whether it be through either an LLC, a trust, or a non-recourse loan, there are pros and cons to each approach.