Skip to content
×
PRO
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
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
Buying & Selling Real Estate
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,

User Stats

47
Posts
11
Votes
Josh Bloomquist
  • Investor
  • Portage, MI
11
Votes |
47
Posts

LLC, Quit Claim Deed, and Due-on-sale implications

Josh Bloomquist
  • Investor
  • Portage, MI
Posted

I acquired a SFR recently and would like to transfer it to an LLC for added liability protection of my personal assets. Before closing my lender told me I would simply need to do a Quit Claim Deed to transfer the property to my LLC...no problem. After closing (unfortunately) my attorney told me to get a letter from the lender giving me a release to go ahead and do the quit claim deed. I went back to my lending agent and asked for this letter and after reaching out to his superiors he was told that because the loan is held by Fannie Mae/Freddie mac they would be forced to invoke the due-on-sale clause if I did a quit claim deed on the property.

In the end I've beefed up an umbrella policy I have, but my question is whether this is a common problem people have when putting rental properties into LLC's? Everyone I've spoken to (including real estate agents and another lender) tell me that there shouldn't be any problem with quit claiming the property into a n LLC and it would NOT invoke the due on sale clause.

Will lenders write the loan with my LLC to avoid this the next time? Any insight is greatly appreciated.

Loading replies...