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For Borrowers & Brokers · 4 min read

What is a business-purpose mortgage, and why is it made to an LLC?

By David Hodara ·

Short Answer

A business-purpose mortgage is a loan secured by real estate and made to a company, usually a US LLC, to buy, renovate, build or refinance a non-owner-occupied investment property. Because the borrower is an entity and the purpose is investment, it sits outside consumer mortgage rules and is underwritten on the asset and the plan rather than on personal income.

Investors use the word for almost any loan secured by property. In US lending the distinction that matters is the purpose and the borrower. A business-purpose mortgage is made to an entity, almost always an LLC, for a property held as an investment: a rental, a renovation for resale, or a ground-up build. Nobody in the ownership lives in it.

That combination is what places the loan outside consumer lending rules such as TILA, RESPA and ability-to-repay, which were written to protect individuals borrowing against the property they live in. The glossary lists the regulatory terms.

Business-purpose mortgage to an LLC vs consumer mortgage

The two kinds of loan secured by US residential property
Business-purpose mortgage (LLC, investment property)Consumer loan to an individual
BorrowerAn LLC or other entityA person
Property useNon-owner-occupied investment onlyThe borrower's own use, among others
UnderwritingThe asset, its rent or exit, the sponsor's means and experiencePersonal income, credit and debts
Typical productsBridge, fix and flip, construction, renovation, DSCRLong-term personal financing
SpeedTerm sheet in 24 to 48 hours, close in about two weeks on a clean fileLonger, disclosure-driven timelines

Why the borrower is an LLC

Lending to an entity is what keeps an investment-property loan business-purpose. It also separates the property from your personal assets and gives the lender a clean structure to underwrite. For a foreign investor the LLC does one more thing: it is the reason no US credit history is needed, since the loan is not to you.

Forming the LLC, obtaining its EIN and opening its US bank account come before closing. A non-resident can do all three from abroad; setting up a US LLC walks through the steps.

The products that fall under the term

Every loan Passy Capital arranges is a business-purpose mortgage to an LLC, from $1M to $5M, on residential investment property of 1 to 9 units. The published maximums are below; exact terms are set in the term sheet.

Published terms on Passy Capital programs
ProductMaximum leverageTerm and pricing as published
BridgeUp to 80% LTV12 months, interest-only, typically 8% to 12%
Fix and flipUp to 90% LTC12 months, interest-only, typically 8% to 12%
RenovationUp to 90% LTC12 to 18 months, interest-only
Ground-up constructionUp to 85% LTC12 to 24 months, interest-only on the drawn balance
DSCR (rental)Up to 80% LTV30-year fixed from 6% to 6.5%

What does not qualify

  • A property that you or your family will live in, even part of the year
  • A loan made to you personally rather than to an entity
  • Commercially zoned property and multifamily of 10 units or more, which are placed through the capital-partner network instead; see what we fund
  • Loans under $1M

Who uses it

US investors who flip, build and hold through an LLC, and foreign investors who buy US property through one. Both borrow on the same terms. A US investor with a strong personal file still uses a business-purpose loan for an LLC rental, because the property and the borrower are the same kind of thing. A non-resident uses it because it does not depend on a US credit file at all.

The practical consequence is speed and predictability. Because the file is about the property and the plan, a term sheet comes back in 24 to 48 hours and a clean file closes in about two weeks, with the 1% to 2% fee paid at closing and nothing upfront.

Got a deal where this matters?

Bridge, fix & flip and construction loans for US and foreign investors, $1M–$5M.