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Updated almost 3 years ago on .
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How to put property in name of LLC when it is financed in my name
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
Most Popular Reply

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.