Transferring Deeds and the Due on Sale Clause
I am in process of setting up LLCs to begin the process of getting properties transferred over and out of my personal name. I have 7 investment properties with 1 of those commercial. I setup three entities a residential, a nonresidential, and a management LLC. The strategy would be to transfer the residential title/deeds into the residential LLC and commercial title/deeds into the commercial LLC and then lease those to the management LLC who would then sub-lease to the tenants.
Has anyone with experience transferring property deeds that are financed with mortgage companies ever had any issues with the due on sale clause and is there anything I should be aware of during this process that other beginners may miss?
I have heard that as long as the LLC is in the same name/address as the primary mortgage payer and the payments remain in good standing then usually you would have no problems. Has this been the general outcome that you have experienced? If the mortgage is in both my wife's and my name would it matter if my name is the only one on the LLC?
How do you handle your mortgage payments? Would I start paying the mortgage from the LLC business account or still from my personal bank account?
and my last question! I've heard the saying, "it's better to ask for forgiveness than permission", does this apply here? Should I contact the mortgage company and let them know I'll be transferring the property or would that be more like waving a red-flag in the air?
as always, I appreciate anyone's response and advice!