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Updated almost 8 years ago, 01/13/2017
LLC and the due-on-sale clause
I've been reading a lot of debate where people argue about whether one should or shouldn't put their property in an LLC , that isn't what I'm asking, what I would like if to know is if investors who put their properties in an LLC do it without letting their lender know that they have OR if they disclose with the lender that they plan to move the property to an LLC (or maybe you try to get agreements without the due on sale clause?) . I was reading an earlier post about a person who told the lender they were moving the property Into an LLC and they basically told him the bank wouldn't allow that. I would imagine that many banks would tell the same thing to everyone. The clause is there for a reason.
I know that the due-on-sale clause is not really enforced in many areas but why don't banks enforce it? Is it because they don't know or they don't care?