Skip to content
×
Pro Members Get
Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
ANNUAL Save 16%
$32.50 /mo
$390 billed annualy
MONTHLY
$39 /mo
billed monthly
7 day free trial. Cancel anytime
Tax, SDIRAs & Cost Segregation
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated over 9 years ago on . Most recent reply presented by

User Stats

20
Posts
2
Votes
Javier Gil
  • Architect
  • Beverly Hills, CA
2
Votes |
20
Posts

LLC for property that was primary residence turning rental

Javier Gil
  • Architect
  • Beverly Hills, CA
Posted

Hello everyone,

I bought a condo in downtown Chicago 4 years ago that has been my primary residence since. However, my wife just received a job offer in Miami and we are moving at the end of the month, so I want to turn the property into a rental.

My initial reaction was creating an LLC to hold title to the property for asset protection, but the lender (Chase) claims the deed must remain under my name. So I have 2 questions:

1. If my name still shows up in the title, even if it's shared with the LLC, I would still be liable and therefore there is no point in creating the LLC in the first place, am I correct?

2. Does anybody have any experience with this and how to get around it?

Thank you!

Most Popular Reply

User Stats

106
Posts
47
Votes
Matt Holmer
  • Attorney
  • Bettendorf, IA
47
Votes |
106
Posts
Matt Holmer
  • Attorney
  • Bettendorf, IA
Replied

@Javier Gil

Look up the "Due on Sale Clause" for information regarding transferring the property to an LLC while you have a mortgage in your personal name. Basically, the bank could call the loan due, but many investors here say it rarely happens.

Another option that a lot of people use is to have a high limit landlord insurance policy and an additional umbrella liability policy. 

Loading replies...