How to take a loan in your name and move it to a LLC

4 Replies

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.

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.

@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.

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