One of the problems in dealing trying to wholesale many of the current foreclosures is that banks will not allow their contracts to be assigned. Without the ability to assign the contracts many wholesalers have been missing out on some dynamite foreclosure deals. So how can investors get around the nonassignable contracts that many banks are using?

One of the easiest ways to get around the nonassignable contracts is to use Limited Liability Corporations (LLC's). To use an LLC on a nonassignable contract all you need to do is fill in the purchase agreement in the usual fashion. But, instead of using the typical "and/or assignees" clause, you simply fill in the name of your corporation. Then instead of assigning the contract to another investor for profit, you will sell the other investor your LLC. Because the contract is filled out in the name of the LLC you will essentially be assigning the contract when you sell the LLC.

Having said all of that, make sure that you have the LLC set up prior to writing up any contracts. If you are serious about real estate wholesaling I would recommend always having a couple of pocket LLC's ready in case a great deal comes your way. By having your LLC's ready ahead of time, you can prevent the possibility of having a paperwork slowdown at the government level. The last thing that you need to have happen is to lose out on a $15,000 profit because you did not prepare enough ahead of time.

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