Skip to content
×
Pro Members Get
Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
ANNUAL Save 54%
$32.50 /mo
$390 billed annualy
MONTHLY
$69 /mo
billed monthly
7 day free trial. Cancel anytime
×
Take Your Forum Experience
to the Next Level
Create a free account and join over 3 million investors sharing
their journeys and helping each other succeed.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
Already a member?  Login here
Tax, SDIRAs & Cost Segregation
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated over 2 years ago on . Most recent reply presented by

User Stats

128
Posts
85
Votes
Mordy Chaimovitz
  • Investor
  • Chicago
85
Votes |
128
Posts

My attorney says I am not allowed to make an LLC

Mordy Chaimovitz
  • Investor
  • Chicago
Posted

Ok. 
I Recently closed my 1st deal on 2 SFH's with a conventional loan. I wanted to transfer the properties into an LLC but my attorney says that technically it's against the clauses in my loan to transfer the loan to a different entity and I could be in default of the loan and the bank can come and ask for the money back.

now I am under the impression that many people do this anyway and the lender won't bat an eye, but am I making a mistaken assumption?

has anyone had any bad/good experiences with this

thank you all in advance for your responses.  I look forward to reading them. 

Most Popular Reply

User Stats

5,409
Posts
2,575
Votes
David M.
  • Morris County, NJ
2,575
Votes |
5,409
Posts
David M.
  • Morris County, NJ
Replied

@Mordy Chaimovitz

Correct, mostly. The Due on Sale Clause allows the Note holder to call in the loan in the case of the transfer of the property. The Fannie Mae guidelines appeared to have changed recently in the case of transferring to a single member LLC. However, I really wouldn't do it since the mortage would be left behind in your name. Also, if you keep doing this it, in my layman's opinion it looks like you are using the lLC as your alter-ego, thus piercing your corporate veil

Also, correct... Legal entities such as LLC's are not eligible for conforming residential loans. If the LLC takes TItle, you need to obtain commercial, i.e. non-residential, financing.

Loading replies...