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Updated over 6 years ago on . Most recent reply

User Stats

24
Posts
12
Votes
Mark Baldwin
  • Investor
  • Koloa, Kauai, HI
12
Votes |
24
Posts

quitclaim from multiple member LLC to personal name for financing

Mark Baldwin
  • Investor
  • Koloa, Kauai, HI
Posted

I'm hoping I can get some feedback from the forums since my CPA hasn't been real responsive...I've got an LLC with 6 members, (3 individuals, and those individuals trusts)...so essentially 3 people. The LLC owns 4 pieces of property, 2 with houses on them, and 2 empty lots I'm hoping to sell. The current loan has all 4 units as collateral, (I CPR'd the units after the original financing) and unfortunately the bank won't let me modify my current loan to pull out the two vacant lots. So, I have to refinance. The lender I moved forward with gave me terms I found acceptable, but they neglected to tell me I would have to quit claim the loan into my personal name, close on the loan, and then could quit claim it back into the LLC's name after closing...Now the loan's supossed to close, and they tell me about having to quit claim. Maybe I should have known better...but that's another matter. I see two problems. 1) The Due on Sale Clause, though this is less of a big deal, 2) does this quit claim constitute a taxable event. It seems like it could be interpreted as such, and then I'm taking an awfully big risk. This seems like an unecessarily complicated route, and while I was really looking forward to this refinance being done, I'm inclined to just walk away...I really appreciate any feedback you all have. Thanks!

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