transfer properties with mortgage to LLC? Does this work or BS?

5 Replies

There are many discussions on this in various forums so I apologize for the redundancy of this post.  However despite all the blogs I still dont feel like I got a straight answer. Maybe there is no straight answer but hopefully I can aggregate the responses to get an idea of what is possible vs what is a probable success rate is.

QUESTION: Can a person (me) who owns properties WITH a mortgages create an LLC and transfer title of the properties to the LLC I understand the mechanics of creating the LLC and doing the work to transfer to an LLC.

However what I dont know is if by doing this it will trigger the lender to call the loan.  Has anyone done this and have they had issues with there lender.  Some responses I read indicate that it is possible that the lender calls in the loan but NOT probable.   But if anyone has real life experiences it would be helpful.  i did call my lender and asked however i really am not sure if the customer service agent comprehended my question and acted like it was no big deal.  It was almost like it was too easy so I really would want an opinion of someone who does this or has done this ad understand their success or failure.   Obviously for those who own the property outright than its easy.  But for those with mortgages is it really likely the lender calls in the loan?  Are those who have done this just taking the risk and so far so good?

Can it be transferred? Yes. Transferring the property is simple: quit claim it to the LLC. Record the new deed. Done. I've done this on many properties, its much simpler than you would imagine it to be.

Will this violate the due on sale clause? Yes

Will the bank call the loan due? In today's market conditions, probably not. In the future, who knows. The bank is going to do whatever is in the bank's best interest. If interest rates increase, its more likely that they would call the loan due, so they can lend to others at a higher interest rate. If interest rates stay stagnant or go lower, it is less likely that they would call the loan due. 

-Christopher 

I really don't know. Typically, you want to put properties in LLCs for asset protection. If you're still on the deed (in addition to the LLC), there are now two directions that lawsuits could come toward your property and your assets are twice as easy to find in searches. If the reason for moving the property is identity protection, you should look into land trusts, if they're recognized by your state.

-Christopher

@Toan Hoang, yes you can transfer property to your own LLC under certain conditions. I wrote a series of detailed posts about my experience transferring 3 different properties to my LLC with 3 different mortgage servicers, and I ultimately succeeded with each. Start with this explanation of the criteria to be exempt from Due on Sale: How to Transfer Property to your LLC without fearing Due-on-Sale

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