No. He wasn't providing collateral.
All real estate loans have collateral, Poorboy.
The property he was buying was the collateral.
Correct.
His personal guarantee is where he lied.
Property collateral is nothing to do with 'personal guarantees', Poorboy.
You don't know what the heck you are talking about.
You are describing yourself again.
Clearly you have never had to personally guarantee a business loan.
In fact, I have done exactly that! Business loans are not real estate loans.
Business loans come with many requirements in the codicil.
None.
One of the requirements for Trump's loan was his net worth had to stay above a certain level.
Nope. The only requirement is that the bank is satisfied with taking the risk of the loan, and they were.
If his net worth dropped below that level, the loan could be called in.
Nope. As long as the loan payments are being made, the loan stays intact. Personal net worth is no longer being monitored at all.
When you make a personal guarantee you are not using your other assets as collateral.
Business loans HAVE collateral.
You are simply showing that you have the assets to pay if the loan is defaulted.
Nope. The bank can seize the assets of the business that you put up for collateral.
What those assets are doesn't really matter.
True.
Here is an example:
I want to take out a business loan for $500K to buy an apartment building for $400K and spend $200K to fix it up. (I am putting up $100K.)
Then I create an LLC to do the business.
Nope. To make a business loan, you must first have the business (the LLC). The loan is in the name of the LLC.
The bank is going to require my personal guarantee so that I can't strip the LLC and leave them with a worthless piece of property that is their collateral.
Nope. They require collateral, which is the assets of the LLC...in this case, the property itself.
That personal guarantee means that if the LLC goes bankrupt in 3 years and the building is worth $400K and it owes $100k in taxes and utilities and $450 left on the loan, they will still get paid their full amount. They take the building and sell it for $200K
Nope. They will take the building and property and sell it what they can get for it. Property values generally go up, but there ARE exceptions. In that case, the bank loses money on the deal.
but I still owe another $250K left on the loan personally.
Nope. You owe nothing, The LLC is bankrupt.
If YOU took out such a loan personally, than YOU would be bankrupt.
Part of that personal guarantee is that I have to have a net worth of $1 million.
Okay...just for giggles and grins, let's say you claim this asset is worth $1 million to the bank. The bank will look at the property and determine that you are full of it and not issue the loan.
My only asset at the time of the loan is 10,000 shares on Intel at $200 per share which gives me a net worth of $2 million.
YOU are not the LLC. 100% of the 'shares' of the property in question is the LLC's. The loan application is by the LLC.
Those shares are not collateral.
YOU are not the LLC. 100% of the property is collateral.
I am free to sell them and buy Nividia or IBM or even buy a nice mansion. The only requirement is that my net worth stays above $1 million.
No such requirement. As long as the LLC makes payments on the loan, it remains intact. If the loan is paid, the loan is satisfied.
Let's say I sell all of the shares of Intel and go to Vegas and blow $1.9 million. I buy 1,000 shares of IBM at $200. The next year. I don't have assets of $2 million but if I just tell the bank that I have 5,000 share of IBM at $200, it will appear I have over that $1 million along with the $20K in equity in the building I bought.
Did I commit fraud by telling the bank I had assets I don't really have?
YOU are not the LLC.
IF you use LLC assets for personal use, the LLC is effectively dissolved, and YOU are exposed to that liability if the loan fails.
If there are other members in the LLC, you have defrauded them by breach of contract (the LLC constitution). This is theft, and can easily land you in jail on felony charges.
Under the State of Washington law, this can be construed as a class A felony. This would result in a penalty of at least twenty years in jail (up to life imprisonment), and up to $50,000 fine. A bankruptcy cannot erase that fine.
As far as the bank is concerned, they will collect their collateral (the property), and sell it for what they can get for it, since the loan failed.
You have not defrauded the bank, but you HAVE defrauded any other members in the LLC.