Transferring property with a mortgage

[Todd Swalin]

My primary residence is owned in a family business LLC. I would like to transfer the property into my own name so that I can utilize the equity to acquire rental properties. I would prefer not to refinance as it would significantly increase my monthly payments. I am trying to sort through my options to find out what would work best.
I was thinking of quit claim deed but am concerned about the due on sale clause. Mortgage is with a local bank in a small town that the business uses so they would likely notice this change.

If the bank calls the due on sale clause could I refinance at that point?

I owe $100k on the house and it is worth around $320k. If I end up having to refinance would it be better to do a cash out refinance for as much as I can get or only refi the $100k and get a heloc?

The plan is to use the cash to brrr or flip a couple properties. 
Thank you for your advice.

[Nathan Gesner]

Call your lender and explain what you want to do. They will tell you whether this will trigger the "due on sale" clause. There's a 99% chance they will approve what you want to do.

Your equity is not a savings account from which you can withdraw whatever you want. If you cash out equity in a property, you are "borrowing" that money from the lender. Upfront expenses and monthly payments must be considered when calculating the return on your investment.

EXAMPLE
I will provide details below, but here's the short version for those who hate to read or do math. The new investment earns $24,000 a year, but the cost of the mortgage + the equity loan will be $22,332—and that’s before you account for taxes, insurance, maintenance, capital expenditures, vacancies, etc. Borrowing from the equity must be done wisely or you will end up with negative cash flow and at high risk due to over-leveraging.

NOTE: I use interest rates much lower than they currently are in 2024!

Borrowing Against Equity: Costs and Expenses

1. Cost of Cash-Out Refinance or Home Equity Loan:
   • Interest Rate: Assume a 4% interest rate over 30 years.
   • Monthly Payment: Approximately $716 per month.
   • Total Interest Paid Over 30 Years: Approximately $108,000.
2. Closing Costs:
   • Typically 2% to 5% of the loan amount. For $150,000, this could be $3,000 to $7,500.

Investing in a Rental Property: Costs and Expenses

1. Down Payment and Closing Costs:
   • Down Payment: Assuming you buy a $300,000 rental property, you need a 20% down payment ($60,000).
   • Closing Costs: Typically 2% to 5% of the purchase price. For a $300,000 property, this could be $6,000 to $15,000.
2. Mortgage on Rental Property:
   • Loan Amount: $240,000 (assuming 80% financed at 4% interest over 30 years).
   • Monthly Payment: Approximately $1,145.
3. Other Expenses:
   • Property Taxes: Estimated at 1.5% of property value annually ($4,500).
   • Insurance: Estimated at $1,500 annually.
   • Maintenance: Estimated at 1% of property value annually ($3,000).
   • Property Management Fees: Assuming 10% of monthly rental income ($2,400 annually if rent is $2,000 per month).
   • Vacancy and Turnover Costs: Estimated at 5% of annual rental income ($1,200).

Total Initial Investment and Annual Operating Expenses

1. Initial Investment:
   • Total Borrowed from Equity: $150,000
   • Down Payment for Rental Property: $60,000
   • Closing Costs for Rental Property: $10,500 (average)
   • Total Initial Cash Outlay: $70,500 (initial investment from equity) + $10,500 (closing costs)
2. Annual Operating Expenses:
   • Property Taxes: $4,500
   • Insurance: $1,500
   • Maintenance: $3,000
   • Property Management Fees: $2,400
   • Vacancy and Turnover Costs: $1,200
   • Total Operating Expenses: $12,600 annually

Expected Return

1. Rental Income:
   • Assuming $2,000 per month, annual rental income = $24,000.
2. Net Operating Income (NOI):
   • Annual Rental Income: $24,000
   • Minus Annual Operating Expenses: $12,600
   • NOI: $11,400
3. Debt Service:
   • Mortgage Payment on Rental Property: $1,145 per month, $13,740 annually.
   • Total Debt Service: $13,740 (rental property) + $8,592 (equity loan) = $22,332 annually.
4. Net Cash Flow:
   • NOI: $11,400
   • Minus Debt Service: $22,332
   • Net Cash Flow: -$10,932 annually (negative cash flow initially due to high debt service).

Cash-on-Cash Return

• Initial Cash Investment: $70,500
• Net Cash Flow (first year): -$10,932
• Cash-on-Cash Return: Not applicable initially due to negative cash flow.

Long-Term Appreciation and Adjustments

1. Property Appreciation:
   • Assuming a 3% annual appreciation, the property value could increase by $9,000 annually.
2. Rent Increases:
   • Assuming a 2% annual rent increase, rental income will rise, improving cash flow over time.

[Michael Smythe]

@Todd Swalin you've done the reverse of what most investors want to do!

Guess that once you look into this, you'll find you personally signed for the LLC loan. So, lender probably won't care if you flip to your personal name - UNLESS they've given you a nonQM loan that doesn't allow owner-occupancy. Since you're occupying it, this may not be the case.

Your bigger challenge will be understanding and avoiding taxable events:

1) with the IRS
2) with your local Assessors Office.

Be sure to look into these before doing anything.

[Chris Seveney]

Quote from @Todd Swalin:

My primary residence is owned in a family business LLC. I would like to transfer the property into my own name so that I can utilize the equity to acquire rental properties. I would prefer not to refinance as it would significantly increase my monthly payments. I am trying to sort through my options to find out what would work best.
I was thinking of quit claim deed but am concerned about the due on sale clause. Mortgage is with a local bank in a small town that the business uses so they would likely notice this change.

If the bank calls the due on sale clause could I refinance at that point?

I owe $100k on the house and it is worth around $320k. If I end up having to refinance would it be better to do a cash out refinance for as much as I can get or only refi the $100k and get a heloc?

The plan is to use the cash to brrr or flip a couple properties. 
Thank you for your advice.

are you the only owner of the LLC?

I would also speak to your CPA on this and any tax ramifications that come into play along with the cost basis on the property. 

Another thing to consider is if the property and loan are in the LLC, not sure if it is currently against your credit and if you had to guarantee the loan but if you move it to your name now you have to include it in your DTI, so that could impact your borrowing ability

[Todd Swalin]

Quote from @Nathan Gesner:

Call your lender and explain what you want to do. They will tell you whether this will trigger the "due on sale" clause. There's a 99% chance they will approve what you want to do.

Your equity is not a savings account from which you can withdraw whatever you want. If you cash out equity in a property, you are "borrowing" that money from the lender. Upfront expenses and monthly payments must be considered when calculating the return on your investment.

EXAMPLE
I will provide details below, but here's the short version for those who hate to read or do math. The new investment earns $24,000 a year, but the cost of the mortgage + the equity loan will be $22,332—and that’s before you account for taxes, insurance, maintenance, capital expenditures, vacancies, etc. Borrowing from the equity must be done wisely or you will end up with negative cash flow and at high risk due to over-leveraging.

NOTE: I use interest rates much lower than they currently are in 2024!

Borrowing Against Equity: Costs and Expenses

1. Cost of Cash-Out Refinance or Home Equity Loan:
   • Interest Rate: Assume a 4% interest rate over 30 years.
   • Monthly Payment: Approximately $716 per month.
   • Total Interest Paid Over 30 Years: Approximately $108,000.
2. Closing Costs:
   • Typically 2% to 5% of the loan amount. For $150,000, this could be $3,000 to $7,500.

Investing in a Rental Property: Costs and Expenses

1. Down Payment and Closing Costs:
   • Down Payment: Assuming you buy a $300,000 rental property, you need a 20% down payment ($60,000).
   • Closing Costs: Typically 2% to 5% of the purchase price. For a $300,000 property, this could be $6,000 to $15,000.
2. Mortgage on Rental Property:
   • Loan Amount: $240,000 (assuming 80% financed at 4% interest over 30 years).
   • Monthly Payment: Approximately $1,145.
3. Other Expenses:
   • Property Taxes: Estimated at 1.5% of property value annually ($4,500).
   • Insurance: Estimated at $1,500 annually.
   • Maintenance: Estimated at 1% of property value annually ($3,000).
   • Property Management Fees: Assuming 10% of monthly rental income ($2,400 annually if rent is $2,000 per month).
   • Vacancy and Turnover Costs: Estimated at 5% of annual rental income ($1,200).

Total Initial Investment and Annual Operating Expenses

1. Initial Investment:
   • Total Borrowed from Equity: $150,000
   • Down Payment for Rental Property: $60,000
   • Closing Costs for Rental Property: $10,500 (average)
   • Total Initial Cash Outlay: $70,500 (initial investment from equity) + $10,500 (closing costs)
2. Annual Operating Expenses:
   • Property Taxes: $4,500
   • Insurance: $1,500
   • Maintenance: $3,000
   • Property Management Fees: $2,400
   • Vacancy and Turnover Costs: $1,200
   • Total Operating Expenses: $12,600 annually

Expected Return

1. Rental Income:
   • Assuming $2,000 per month, annual rental income = $24,000.
2. Net Operating Income (NOI):
   • Annual Rental Income: $24,000
   • Minus Annual Operating Expenses: $12,600
   • NOI: $11,400
3. Debt Service:
   • Mortgage Payment on Rental Property: $1,145 per month, $13,740 annually.
   • Total Debt Service: $13,740 (rental property) + $8,592 (equity loan) = $22,332 annually.
4. Net Cash Flow:
   • NOI: $11,400
   • Minus Debt Service: $22,332
   • Net Cash Flow: -$10,932 annually (negative cash flow initially due to high debt service).

Cash-on-Cash Return

• Initial Cash Investment: $70,500
• Net Cash Flow (first year): -$10,932
• Cash-on-Cash Return: Not applicable initially due to negative cash flow.

Long-Term Appreciation and Adjustments

1. Property Appreciation:
   • Assuming a 3% annual appreciation, the property value could increase by $9,000 annually.
2. Rent Increases:
   • Assuming a 2% annual rent increase, rental income will rise, improving cash flow over time.

 Thank you Nathan. This was a very in depth response with a lot I did not consider. 

[Todd Swalin]

Quote from @Chris Seveney:

Quote from @Todd Swalin:

My primary residence is owned in a family business LLC. I would like to transfer the property into my own name so that I can utilize the equity to acquire rental properties. I would prefer not to refinance as it would significantly increase my monthly payments. I am trying to sort through my options to find out what would work best.
I was thinking of quit claim deed but am concerned about the due on sale clause. Mortgage is with a local bank in a small town that the business uses so they would likely notice this change.

If the bank calls the due on sale clause could I refinance at that point?

I owe $100k on the house and it is worth around $320k. If I end up having to refinance would it be better to do a cash out refinance for as much as I can get or only refi the $100k and get a heloc?

The plan is to use the cash to brrr or flip a couple properties. 
Thank you for your advice.

are you the only owner of the LLC?

I would also speak to your CPA on this and any tax ramifications that come into play along with the cost basis on the property. 

Another thing to consider is if the property and loan are in the LLC, not sure if it is currently against your credit and if you had to guarantee the loan but if you move it to your name now you have to include it in your DTI, so that could impact your borrowing ability

I am 25% owner of the LLC with other family members. I do not think I had to personally guarantee the loan but I have been making every payment to the bank from my personal account for almost 2 years now so there would be no change in the mortgage payments being made.