Transferring seller finance notes & mortgages from our dissolved LLC to ourselves
Good Day! I used ChatGPT to create a few legal documents to accomplish what I THINK is a low risk transaction. We have retired, by selling our rental real estate. We are holding 3 seller finance notes on those buildings in the name of our LLC Southern Angel Properties. We've dissolved that LLC, not thinking about the notes. We don't want our buyers owing money to a company that doesn't exist. Perhaps there's verbiage in the notes that covers this…i.e. "and its assigns" or such, but I thought I'd do things cleanly. Here's what I came up with.
- Create a separate assignment of mortgage from the LLC to us, one for each note each with a schedule A describing the mortgage, listing name, book, page, etc.
- Create a COMBINED assignment of notes from the LLC to us, with schedule A listing the 3 notes inc. original balance, date of creation, approximate balance at time of signing
- Created a successor servicing authorization allowing either my wife OR myself to receive payments, etc. (vs. having to both sign)
- Create a resolution detailing the dissolution of the LLC and the assignment of the notes to ourselves.
- Create a “lost promisorry note” document to future proof the possible sale of the notes, etc. (this was a ChatGPT suggestion)
Do any of you feel qualified to comment? Again, there's a good chance I don't really need to do ANYTHING, but again, if one of them defaults…it strikes me as gray that the "plaintiff" would be a dissolved LLC.
Thank you in advance for any perspecitve. (PS, I would notarize most of these, then file the assignment of mortgages with the tax office)