Lender Permission to Transfer into LLC

Lender Permission to Transfer into LLC

Rental Property Investor · Indianapolis, IN · Member since 2020 · 562 posts · 554 votes

Single family rental is all settled in with a tenant with a 2 year lease, and a property manager. Had to close the loan in my personal name as I couldn't find a lender that would loan directly to my LLC. No biggie, it's fairly common.

I'm ready to deed the property to my LLC. Mortgage states that I need to get permission from the lender in writing. I emailed the mortgage broker asking what the process was to get permission, and he responded with an email saying it was ok to proceed.

My question is, does the email count as permission in writing? Curious what other people’s experience has been.

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  • Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    6y

    Well, you said “btoker@, not “lender” you spoke to. 
    If it is a Fannie loan you are allowed automatically to transfer to a single member llc. 

  • Real Estate Broker · Portland, OR · Member since 2019 · 4k+ posts · 2k+ votes
    6y

    "the mortgage broker asking what the process was to get permission, and he responded with an email saying it was ok to proceed."

    Unless the mortgage broker is the actual lender you need to contact the SERVICER/BANK.

    Usually it is not a problem if you are part of the trust, but the broker's word is BS.

  • Rental Property Investor · Indianapolis, IN · Member since 2020 · 562 posts · 554 votes
    6y

    @Wayne Brooks

    Correction. I did speak to the lender. The mortgage is in the name of the lander I spoke with. They have not sold the loan yet.

    Interesting. I was not aware that Fannie loans had an exception. Thanks for the tip.

  • Investor · Austin, TX · Member since 2016 · 531 posts · 310 votes
    6y

    @Account Closed I also want to do this, but move it to an LLP I am interested to hear what the situation is so I can do this as well

  • Rental Property Investor · Indianapolis, IN · Member since 2020 · 562 posts · 554 votes
    6y

    @Antonio Cucciniello

    I'll have to give the "talk to your attorney" answer. In my research and the conversations with my attorney an LLC was a better option for my situation. Tax benefits were better, but each state has their own laws and regulations. I am not proficient enough yet to give all the details.

    The process of filing the deed is pretty inexpensive and easy. There are a few different ways to go with the type of deed. Quit claim etc. Again this is something your attorney can help with.

    Best of luck to you!

  • Member since 2018 · 200 posts · 123 votes
    6y

    As far as having written permission from the lender, it sounds like you have it.  Keep that email for future reference if needed.  Talking to an attorney about the best way to actually transfer the property is good advice. 

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