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Transferring Rental Properties to a LLC

Posted on 4/8/15 at 7:01 pm
Posted by KJason
Baton Rouge
Member since Mar 2008
1199 posts
Posted on 4/8/15 at 7:01 pm
I have two rental properties that I would like to transfer ownership to a LLC.

I have a mortgage on both. How would I go about having the LLC's assume the mortgage liability. On both properties I have over 20% equity.
This post was edited on 4/8/15 at 7:05 pm
Posted by bayoubengals88
LA
Member since Sep 2007
18909 posts
Posted on 4/8/15 at 7:17 pm to
Have you checked the thread just 4-5 threads below yours? I'm pretty sure this exact topic was discussed fairly early on in that thread.
Real Estate Investing
This post was edited on 4/8/15 at 7:19 pm
Posted by GoIrish02
Member since Mar 2012
1390 posts
Posted on 4/8/15 at 7:17 pm to
You can't transfer with a Due on Sale clause unless you pay off and refinance.

If you're looking for asset protection, just buy insurance instead of transferring to an LLC, it's a cheaper and less hassle than transferring and achieves the same purpose.
Posted by boosiebadazz
Member since Feb 2008
80226 posts
Posted on 4/8/15 at 7:40 pm to
You first need to see what the terms of the mortgage say about that. I'd imagine there's a clause in your mortgage guarding against this.
Posted by NEWBIE
Member since Jun 2008
196 posts
Posted on 4/8/15 at 8:32 pm to
Seek written approval from your banker/mortgage company.

Once/if received, go to a real estate attorney and have them prepare an act of contribution to the LLC that you formed. Record in the conveyance records and you are done.

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