Co-Mingling Issue When Using HELOC
I am trying to figure out how to best to fund a new real estate deal.
My situation is I have a HELOC that is based off of a rental property. When I first opened the HELOC, it was put under my personal name as the property was my primary residence at the time.
Since then when I opened the HELOC (a year ago), I have transferred the deed of the property (now a rental property) to my LLC. But my HELOC is still under my personal name.
So if I were to use the HELOC funds to invest in another property under my name...would this be okay or would it be considered co-mingling since the HELOC is based off of the rental property that is under my LLC?
Thanks for any help/info.
That can potentially cause issues and needs to be accounted for appropriately.
Thanks everyone for your responses.
cjmazur, what kind of issues do I need to watch out for? how would you recommend me going about using the HELOC to fund the property?
Keep good records.
Try to be very specific in use of heloc so records clear.
Best to have usage 1 property at a time, but if not, keep it clear.
Not a big deal, really. Interest is still deductable on most heloc usage, whether home or rental.
You should really consult legal advice. You co-mingled funds and transferred the asset which may trigger the DOS clause.....make sure you account for everything properly and separately if you want the legal protection that an LLC can offer (respect the legal entity if you want it respected in a lawsuit).