To buy a rental property in an LLC with a loan, you usually need an investor loan such as a DSCR loan, because conventional mortgages sold to Fannie Mae and Freddie Mac are made to people, not companies. The LLC signs as the borrower and holds title, and its owners (commonly anyone with 20% to 25% or more) sign a personal guarantee. Form the LLC before you sign the purchase contract, put the contract in its exact name, and expect the lender to ask for its formation documents, operating agreement, EIN letter and a certificate of good standing.
Can you get a mortgage in an LLC's name?
Yes, but not every kind of mortgage. Fannie Mae's Selling Guide says it buys loans made to borrowers who are natural persons, with narrow exceptions for certain trusts, so LLCs, corporations and partnerships are not eligible borrowers. Freddie Mac likewise buys loans made to individuals and certain living trusts. So the loans that lend to an LLC are the ones lenders keep or sell to private investors.
| Loan | Lends to an LLC? | What to know |
|---|---|---|
| Conventional (agency) loan | No | Close in your own name; moving title later raises the due-on-sale question below |
| Owner-occupied home loan (FHA, VA) | No | Built for a home you live in |
| DSCR loan | Yes | Qualifies on the property's rent; some lenders lend only to entities, and some require one in certain states |
| Bank portfolio loan | Often | A local bank keeps the loan and sets its own terms |
| Commercial loan (5 or more units) | Yes, usually | Underwritten as a business, with different terms |
| Bridge or fix-and-flip loan | Usually | Short-term money, repaid by a sale or a refinance |
The guide to what a DSCR loan is explains why a loan sized on the property's rent suits an LLC.
What an LLC does, and what it does not
What it can do. A properly run LLC can keep claims that arise from the property, such as an injured tenant or guest, against the company and its insurance rather than against your other assets. It makes partnerships cleaner. Holding properties in separate companies can keep one property's problem from reaching the others.
What it does not do.
- It does not protect you from a loan you guaranteed. That is the point of the guarantee.
- It does not replace insurance, which pays first.
- It may not hold if you treat it as yourself. Mixing personal and company money, or skipping the company's formalities, can let a court disregard the LLC, under standards that vary by state.
- It does not lower your rate; an LLC loan prices the same or slightly higher.
- It does not change your federal income tax by default.
How a DSCR loan to an LLC works
The LLC is the borrower and signs the note and the mortgage through the member or manager the operating agreement authorizes. Behind it, lenders usually want:
- A personal guarantee from each owner above a threshold, commonly 20% to 25% of the company. Some lenders ask every member to guarantee.
- The guarantors' credit. Lenders pull each guarantor's credit; some price the loan on the highest score among them, others on the lowest.
- The guarantors' experience, read from each one's schedule of real estate owned.
- A limit on members. Some lenders cap how many owners an LLC can have, for example at four.
- A business-purpose statement. The property is a rental, and no owner will live in it.
Ask early whether the loan will report on your personal credit. Even when it does not, a loan you guaranteed usually still counts as your debt if you later apply for a conventional mortgage. See DSCR loan requirements for the thresholds, and the investment property down payment for the cash to bring.
A worked example: what the personal guarantee means if the deal fails
Every figure is an example. An LLC owes $300,000 on a rental. After a default, the lender forecloses; unpaid interest and the costs of foreclosure add $20,000, and the property sells for $250,000.
The shortfall, or deficiency, is $300,000 + $20,000 minus $250,000, which is $70,000.
With a full personal guarantee, and where state law allows the lender to pursue a deficiency, the lender can come after the guarantor for that $70,000, just as if the loan were in their own name. Guarantees are often written so that each guarantor can be pursued for the whole amount, not only their share, so read the guarantee before you sign it.
A claim from a tenant or a guest is different. It is generally brought against the LLC and paid by its insurance, if the company has been kept truly separate. That protection, not the loan, is what the LLC is for.
The documents lenders ask for
| Document | What it shows |
|---|---|
| Articles of organization (or certificate of formation) | The LLC exists, and in which state |
| Operating agreement | Who owns it, who may sign, and that it may borrow and pledge property |
| EIN confirmation letter from the IRS | The company's tax identification number |
| Certificate of good standing | It is current with the state, usually issued recently |
| Borrowing resolution | The members approve this specific loan |
| Foreign registration | If the LLC was formed in another state than the property's |
| Each guarantor's ID, credit authorization and REO schedule | Who stands behind the loan |
The same name has to appear on the purchase contract, the title, the entity documents and the insurance binder. A mismatch is one of the most common delays in the DSCR loan process.
Step by step: buying a rental in an LLC
- Decide the structure with an attorney and a CPA: one company per property or several, which state to form in, and who manages it.
- Form the LLC, get its EIN, and sign an operating agreement that authorizes borrowing and pledging property.
- Open a bank account in its name, and move the down payment through it, or keep a clear record of the transfers.
- Pre-qualify with a lender that lends to LLCs, and confirm who must guarantee and which documents it needs.
- Sign the purchase contract in the LLC's exact name. If you already signed in your own name, ask the lender whether it accepts an assignment or addendum, before closing.
- Insure the property in the LLC's name, with the lender as mortgagee.
- Close. The authorized member signs for the LLC, and each guarantor signs the guarantee.
- Keep it separate after closing: leases and bookings in the LLC's name, rents into its account, expenses paid from it, and annual state filings kept current.
GoDoor's quote calculator prices a rental loan on the property's numbers before you commit to a structure.
Moving a property you already own into an LLC
Most mortgages include a due-on-sale clause: if you transfer the property, the lender may demand the full balance. Federal law limits that clause for some transfers of a home with fewer than five units that the borrower lives in, such as a transfer to a spouse or children, or into a living trust where you remain a beneficiary, so a rental you do not live in gets little help from it. A transfer to an LLC is not on that federal list.
Fannie Mae's own servicing rules add an exception, as of 2026: for loans Fannie Mae bought or securitized on or after June 1, 2016, a transfer to an LLC controlled by the original borrower, or in which the borrower holds a majority interest, is exempt from the due-on-sale clause. Two catches: the servicer must tell you the property has to be moved back to a person to qualify for a refinance, and a change to investment use still has to respect the mortgage's occupancy terms. Fannie Mae and Freddie Mac each have an online lookup that shows whether they own your loan; for any other loan, ask the servicer in writing.
Your options, roughly in order of certainty:
- Refinance into a loan in the LLC's name, such as a DSCR loan, which pays off the old mortgage. The guide to the DSCR cash-out refinance covers the terms.
- Ask the servicer for written consent to the transfer.
- Keep title in your name and rely on insurance, an umbrella policy and good records.
Before any deed is recorded, also ask about the owner's title insurance (whether it still covers you after the transfer), transfer taxes, property tax reassessment in your state, and the insurance policy's named insured. Some lenders also restart the ownership clock for a cash-out refinance after a transfer into an LLC.
What an LLC costs to run
- State fees. A formation fee, then an annual report fee or tax that ranges from modest to significant. California, for example, charges an $800 annual tax on every LLC formed or doing business there.
- A registered agent, if you do not act as your own.
- Bookkeeping, a separate bank account, and records kept as a business would keep them.
- A separate tax return for an LLC with two or more owners, which is taxed as a partnership by default.
- Loan costs, where a lender charges an entity review fee or prices the loan slightly higher.
Taxes, in brief
The IRS treats a single-owner LLC as disregarded by default: its rental income and expenses go on the owner's own return, usually on Schedule E. An LLC with two or more owners is taxed as a partnership by default and files its own return. Either can elect to be taxed as a corporation, which has consequences for rental property that a CPA should weigh before you choose it.
One federal filing is off the list as of 2026: FinCEN's beneficial ownership reports. Under its final rule, effective August 14, 2026, companies formed in the United States are exempt; the requirement now applies only to certain companies formed abroad.
Short-term rentals and LLCs
Some local short-term rental rules care who owns the property. In Nashville, as of 2026, owner-occupied short-term rental permits go only to people who live in the home, and LLCs, trusts and other entities are not eligible for them. If you plan to host guests, check the short-term rental regulations where you buy before you choose how to hold title.
Frequently asked questions
Can I get a mortgage in an LLC's name?
Yes, from lenders that keep their loans or sell them to private investors: DSCR loans, bank portfolio loans, commercial loans and bridge loans. Conventional loans sold to Fannie Mae or Freddie Mac are made to people, not companies. Expect the LLC to borrow, its owners to guarantee the loan personally, and the lender to review the company's documents.
Does an LLC protect me if I sign a personal guarantee?
Not from that loan. A personal guarantee means that if the property does not cover the debt after a default, the lender can pursue you for the shortfall where state law allows it. The LLC can still help with other claims, such as a tenant's or guest's lawsuit, if you keep the company truly separate. Confirm the details with an attorney.
Will transferring my rental to an LLC trigger the due-on-sale clause?
It can. A transfer to an LLC is not one of the transfers federal law protects, so the lender may call the loan. Fannie Mae exempts transfers to an LLC the borrower controls for loans it bought on or after June 1, 2016, but most other loans have no such exception. Get written consent, or refinance in the LLC's name.
Do LLC loans cost more?
Usually not by much. Many lenders price a DSCR loan the same whether it closes in your name or an LLC's, and some add a small amount to the rate or charge an entity review fee. The larger cost is running the LLC itself: state fees, bookkeeping and, with two or more owners, a separate tax return each year.
Should each rental property have its own LLC?
It depends on how much you own, your state's fees and your risk. Separate companies can keep one property's lawsuit from reaching the others, but each adds filings, an account and bookkeeping, and some investors use one company per few properties instead. This is a structure question for a real estate attorney and a CPA, answered before you buy.
Sources
- Fannie Mae Selling Guide, B2-2-01 General borrower eligibility requirements
- Cornell Law School LII, 12 U.S. Code 1701j-3, preemption of due-on-sale prohibitions
- Cornell Law School LII, 12 CFR 191.5, limits on exercising due-on-sale clauses
- Fannie Mae Servicing Guide, D1-4.1-02 Allowable exemptions due to the type of transfer
- IRS, Single member limited liability companies
- FinCEN, Beneficial ownership information reporting
- California Franchise Tax Board, Limited liability company
- Metro Nashville Codes, Short term rental property permit types
- BiggerPockets forum, A DSCR loan for a multi-member LLC
General education, not financial, tax or legal advice. Figures are examples: rates, rules and programs change, and every lender sets its own. Last checked November 4, 2026.