How to take a loan in your name and move it to a LLC
4 Replies
Jonathan Gragg
posted 8 months ago
Just curious as to how to move your mortage loan on your property in to a LLC out of your name. I refinanced and in the documents said if I was to move this into another name such as a LLC they can call the loan.
Jaysen Medhurst
Rental Property Investor from Greenwich, CT
replied 8 months ago
Did you go with a portfolio lender or did the bank sell the loan and now just service it, @Jonathan Gragg ? I ask because the vast majority of residential mortgages in the U.S. get sold to Fannie or Freddie. Fannie Mae explicitly allows you to move title to a LLC.
If the bank kept the mortgage on their books, you're out of luck. Their loan, their rules. Get an umbrella policy to provide some additional protection.
Don Konipol
Lender from The Woodlands, TX
replied 8 months ago
@Jonathan Gragg . You cannot take a loan out of your name and move it to an LLC because you don't have that right. You can move a property title out of your name and transfer the title to an LLC. However, the note is still "in your name" as borrower, and the subject property is still pledged as collateral. In almost all loans this also is a violation of the mortgage document, or deed of trust document covenant most commonly know as the "due on sale or transfer" clause.
Jonathan Gragg
replied 8 months ago
@Don Konipol yes that’s what’s in my mortage clause is “due on sale or transfer” I supposed there’s no way around it. Thank you for the info
Jonathan Gragg
replied 8 months ago
@Jaysen Medhurst I’m almost positive the mortage is not through Fannie Mae Freddie Mac . Thank you