Buyer name change addendum after contract execution

Buyer name change addendum after contract execution

Homeowner · Houston, TX · Member since 2011 · 15 posts · 0 votes

Has anyone ever changed the name of the buyer from an individual to a company the individual owns after execution of the contract? All happening of course before closing.

Example:

John Smith is buying 123 Easy Street

Bank addendum is submitted before closing to change to

Investment Company LLC (which John Smith is a partner of) is buying 123 Easy Streeet

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J ScottPro Member
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Investor · Sarasota, FL · Member since 2008 · 18k+ posts · 17k+ votes
14y

In my experience, it's unlikely the bank will agree. I've seen it happen, but it's more likely with a smaller bank and during a contingency period.

Also, it's not my experience that a bank would rather see an investor offer in a personal name vs an entity.

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  • Rental Property Investor · Mercer Island, WA · Member since 2008 · 22k+ posts · 14k+ votes
    14y

    Who's the seller? A bank (REO or short sale) may object.

    Are you paying cash? A savvy seller will know its harder for an LLC to get a loan than an individual.

  • Homeowner · Houston, TX · Member since 2011 · 15 posts · 0 votes
    14y

    The seller is BOA (not short-sale), we are paying cash for the property and in this situation right now. My agent swears by this method as it gets the offer looked at more than a LLC offer. I keep pestering her for this addendum as it's the first property we have purchased. I trust her, but don't like that it's 5 days from clsoing and the offer is still in my name and not the company.

  • J ScottPro Member
    Moderator
    Investor · Sarasota, FL · Member since 2008 · 18k+ posts · 17k+ votes
    14y

    In my experience, it's unlikely the bank will agree. I've seen it happen, but it's more likely with a smaller bank and during a contingency period.

    Also, it's not my experience that a bank would rather see an investor offer in a personal name vs an entity.

  • Involved In Real Estate · Las Vegas, NV · Member since 2010 · 341 posts · 86 votes
    14y

    Why not change title after close of escrow? For most places, it's a simple Quit Claim and Transfer taxes usually are not needed if you can prove that the person owns the LLC solely.

  • Commercial Real Estate Lender / Syndicator · Dallas, TX · Member since 2011 · 888 posts · 309 votes
    14y

    Sounds like an REO. I seriously doubt the bank will allow a name change once the offer has been accepted. Most banks stipulate you can't assign or change the buyer.

  • Homeowner · Houston, TX · Member since 2011 · 15 posts · 0 votes
    14y

    Agent is telling me the bank won't do it before closing due to lawsuits. So to echo what Andy said she wants to deed it back to the company after closing. I am a 50% owner with one other member though.

  • Commercial Real Estate Lender / Syndicator · Dallas, TX · Member since 2011 · 888 posts · 309 votes
    14y

    I hate to say it but I think she is covering up the lie she told you the first time.

  • Residential Real Estate Broker · Clinton, MD · Member since 2008 · 297 posts · 178 votes
    14y

    I changed from an LLC to a land trust owned by a different LLC. This was a short sale by BofA. Had to provide trust docs but BofA seems to be lightening up on its previous craziness.

  • Wholesaler · Salt Lake City, UT · Member since 2009 · 1k+ posts · 401 votes
    14y

    Simplest seems to be just to use the clause vesting to be determined in escrow. I never had a lender in escrow with me already say you can't do that, and besides the contract says I can.

  • Investor, Entrepreneur, Educator · Springfield, MO · Member since 2009 · 21k+ posts · 12k+ votes
    14y
    Originally posted by Carlos F.:
    I hate to say it but I think she is covering up the lie she told you the first time.

    Yes, and if it's five days to close,closing documents could have ink drying and you can't change those with an addendum and no one wants to redo them, so expect to go to closing in your name, IMO.

    As to changing it later on, using a quit claim will weaken the chain of title, better to use a Special Warranty Deed subject to existing financing

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