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Updated almost 3 years ago on . Most recent reply presented by

Account Closed
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How to put property in name of LLC when it is financed in my name

Account Closed
Posted

Hello, I'm located in TX and have a problem I have not found a solution for. I have a Series LLC for my rentals but the lender I refinanced with will not allow me to place the properties in my LLC since the loan is under my name. Is there a way to get around this with out having to refinance? Or potentially triggering the clause where the note is due? I'm trying to insure I am doing what I can to protect myself and assets from potential law suites.

Thank you

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Megan Templeton
  • Attorney
  • Birmingham, AL
83
Votes |
220
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Megan Templeton
  • Attorney
  • Birmingham, AL
Replied

Depending on the type of property and type of loan, the property can be moved post closing to a trust without trigger the due on sale clause. This is due to an exception called the St. Germain Act. The St. Germain Act states that a property with less than 5 units can be transferred under certain circumstances. You have a residential SFH, you should not have an issue transferring title post closing a land trust (which can be connected to an LLC) as long as you remain the ultimate owner. Happy to answer questions on this process if it would be helpful.

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