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Updated about 7 years ago on . Most recent reply

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61
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18
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Francene Iaizzo
  • Rental Property Investor
  • Freeport, NY
18
Votes |
61
Posts

Transfer my Properties into my LLC

Francene Iaizzo
  • Rental Property Investor
  • Freeport, NY
Posted

When I was applying for financing I used a Mortgage Broker. I knew at that point I was going to transfer the properties into my LLC. My Mortgage Broker said that would not be a problem. Well, it IS a problem. I contacted my lender and they said they don't service LLC Loans.

St Petersburg Housing Authority is paying rent to my LLC and the Insurance for the properties is all in the LLC. Is there anything I can do? Will this be a problem when I file taxes?

Someone told me to just deed the property into the LLC. As long as the mortgage payments are made on time, I shouldn't have a problem. If I do have a problem, he said just deed it back into my name.

Can anyone shed some light on this for me?  I also need a CPA/Accountant to prepare my tax returns.

Most Popular Reply

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1,018
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328
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Dan Barli
  • Attorney
  • Clifton, NJ
328
Votes |
1,018
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Dan Barli
  • Attorney
  • Clifton, NJ
Replied

You have a few issues going on @Francene Iaizzo. First, you definitely want to have a CPA to assist you with your returns and tax planning.

Regarding titling of the property, you can certainly transfer the deed into your LLC. However, if your mortgage was for personal financing (which it sounds to have been), that could trigger the due on sale clause in your mortgage terms. If the lender were to create a problem and call the loan due, you would most likely have to refinance the loan. They wouldn't allow a simple transfer it back into your personal name.

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