An LLC can hold title to real estate in its own name, which is how many investors separate ownership of property from their personal finances. When an LLC buys or sells, the title and escrow process needs the entity's formation documents, authorization, and correct legal name so the deed and the recorded vesting match the entity exactly.
Why Investors Use LLCs
Investors form LLCs for liability separation, privacy, and organizational clarity. The LLC, not the individual, holds title, signs the deed, and is the named insured on the title policy. State laws govern how LLCs are formed and what documents are required, and those requirements vary from state to state.
- Liability separation between the investor and the property.
- Cleaner bookkeeping when multiple properties are owned separately.
- Privacy, because the entity name, not the individual, appears in the public record.
What Title and Escrow Need From an LLC
When an LLC is the buyer or seller, the closing team verifies that the entity exists, that it is in good standing, and that the person signing has authority to act for it. Requirements vary by state and by underwriter, but commonly include the articles of organization, an EIN confirmation, and an operating agreement or authorization resolution.
- The exact legal name of the LLC as it should appear on the deed.
- Proof the entity is active and in good standing in its state of formation.
- Documentation of who has authority to sign, often a manager or member resolution.
How the Deed and Vesting Work
The deed conveys the property to the LLC by its exact legal name, and the recorded deed establishes vesting. A misspelled or abbreviated entity name can create a discrepancy in the chain of title that must be corrected later. The title commitment and policy are issued to the LLC as the insured party.
- Confirm the entity name on the contract, deed, and title order all match.
- Verify whether the state requires a specific suffix or punctuation.
- Record the deed promptly and keep a copy with the entity's records.
Financing Considerations for LLC Buyers
Lenders treat entity borrowers differently than individual borrowers. Many residential lenders require a personal guarantee from the members, and some loan programs do not allow LLC ownership at all. Commercial and portfolio lenders have their own requirements. The closing team needs to know how the loan is structured so the vesting, the deed, and the mortgage match the lender's approval.
- Ask the lender whether the loan is in the LLC's name or the members' names.
- Confirm the vesting the lender approves matches the vesting on the deed.
- Plan for the possibility that the lender requires the members to sign personally.
Selling Property Out of an LLC
When an LLC sells, the same verification applies in reverse: the closing team confirms the entity is current and the signer has authority. If the LLC has been dissolved, the state's rules for winding up and conveying its assets apply, and those rules vary by state. An attorney familiar with entity law in the relevant state should be involved when the entity's status is not current.
- Keep the LLC in good standing even if it owns only one property.
- If the LLC was dissolved, consult an attorney before contracting to sell.
- Expect the closing team to ask for the same entity documents on the sale side.
The Bottom Line for Investors
Entity ownership is a legal structure decision, not a title form. The title and escrow team's job is to make sure the entity, the deed, and the record all line up. Work with your attorney to form and maintain the entity, and give the closing team the entity documents early so the closing is not delayed.
- Send entity documents to title as soon as you go under contract.
- Use the Investor Closing Cost Estimator to plan closing costs.
- Read the related guide on buying property in an LLC for the purchase-side details.