No Due on Sale for Fannie Loans to LLC?

[Michael Myers]

Hi Lending Specialists! I was talking with a lender today and he was under the impression that loans processed through Fannie Mae’s Desktop Underwriter (DU) would not be subject to the dreaded due on sale clause if the mortgagee were to deed the property into an LLC or trust. Does his statement hold water? Are there any other details he didn't mention that I should know about?

Thanks!

[Wilson Pun]

Yes, transferring title from an individual borrower to an LLC controlled by original borrower is exempt from Due on Sale- D1-4.1-02 of the Fannie Mae servicing guide, allowable exemptions-

a limited liability company (LLC), provided that

• the mortgage loan was purchased or securitized by Fannie Mae on or after June 1, 2016, and
• the LLC is controlled by the original borrower or the original borrower owns a majority interest in the LLC, and if the transfer results in a permitted change of occupancy type to an investment property, such change does not violate the security instrument (for example, the 12 month occupancy requirement for a principal residence).