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drop out of LLC
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June 6, 2009, in Legal

son and i formed LLC to buy investment property. Naturally we both had to sign for a mortgage (back it up personally). son moved to Fla and is not active in the LLC. I live in Pa. The credit companies are showing this mtg on his report and it is stopping him from getting better rates on credit cards etc. How do I get him out of the LLC and will that action eliminate his mtg obligation on the property? Will it be eliminated from his credit report? property in Pa.

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Mary Hester    June 12, 2009

When a person backs up a loan personally, even if the loan is in the name of the corporation or LLC, that person is responsible for ensuring the loan is paid. Since your son is personally liable for the loan, future credit grantors will want to know that he has the potential to be required to make payments on that loan and there could, therefore, he could have less available income to pay the new credit card or loan. You should consult an attorney licensed in your State for specific advice on the LLC aspects and to review the mortgage documents to determine yours and your son's obligations and responsibilities.