Transfering Title to a LLC (Land Trust)

[Mike Nowicki]

A friend and I recently closed on our first investment property which is a buy and hold. We currently hold the title as tenants in common but have established a LLC in which we want to transfer the title. We financed the property, and after talking with the lender it looks like we have an acceleration or due on sale clause. I am worried that if we do go ahead with the transfer that the lender will call the loan due. I have heard about creating a Land Trust and using that to transfer the title and get the asset protection that a LLC provides. Does anyone have any experience with Land Trusts or a situation like this?

[Laura Richards]

Two things- transferring to a trust even with bene's  being current mortgagor(s) will not save you from the due on sale clause. Yes, this idea is out there and preached all over the place, but it is simply not true. Next, do not place a second lien against the property either. It is very likely that there is also a provision in the loan documents stating that you must keep the property free and clear of any encumbrance other than lenders mortgage.