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Updated over 6 years ago on . Most recent reply

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Amanda Whiteley
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Is it legal or violating loan terms?

Amanda Whiteley
Posted
If you seek a mortgage loan for an investment property is it violating loan terms to quick claim the house into your LLC while the loan is still tied to you personally?

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Peter M.
  • Rental Property Investor
  • DFW, TX
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Peter M.
  • Rental Property Investor
  • DFW, TX
Replied

Does it violate the terms, probably. Is it illegal, no. Most "due on sale" clauses say the lender may accelerate the note or foreclose. Banks generally will not foreclose on a performing note but every institution has its own policies. Also, talk to a lawyer for your state but most of the time a quit claim deed is the last and worst option. Use a general warranty deed so it does not cloud title for future sales. 

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