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Updated about 6 years ago on . Most recent reply

User Stats

4
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2
Votes
Israel Gross
  • Flipper
  • Chicago, IL
2
Votes |
4
Posts

Transferring Property into LLC and Risk for Loan Being Called

Israel Gross
  • Flipper
  • Chicago, IL
Posted

Hi,

I currently own a 4 unit building and lived in one of the units until April of 2018. In November of 2016, I refinanced into a fixed 30 year loan (at a fantastic rate), with the requirement that the property would be owner-occupied for at least one year (which I met). My attorney has strongly advised that I transfer this property into a LLC to minimize my liability. However, he stated that technically, the mortgage company can call the loan once the property is transferred. He shared that in his 40+ years of experience none of his clients have had this happened to them, but that loan companies can now monitor deed transfers easier than ever.

I was wondering if anyone has been in a similar situation and had their loan called after such a transfer. I would hate to lose my current rate or be forced to sell the property.  I would also be grateful for any advice that people have on the subject. 

Thank you in advance,

Israel

Most Popular Reply

User Stats

128
Posts
113
Votes
Scott D Burrows
  • Rental Property Investor
  • Indianapolis, IN
113
Votes |
128
Posts
Scott D Burrows
  • Rental Property Investor
  • Indianapolis, IN
Replied

@Israel Gross

The method that you referred to is the most common method among people here on BP, at least what I have seen. 

However, I'm not a lender. 

A good lender for reference, who is active on here, would be either @Diana Muresan , @Chris Mason or at @Andrew Postell .

I'm sure one of them will be able to validate whether any concern is needed with the strategy you mentioned. 

My guess is that you are worrying over nothing :)

Good Luck,

Scott 

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