Skip to content
×
Try PRO Free Today!
BiggerPockets Pro offers you a comprehensive suite of tools and resources
Market and Deal Finder Tools
Deal Analysis Calculators
Property Management Software
Exclusive discounts to Home Depot, RentRedi, and more
$0
7 days free
$828/yr or $69/mo when billed monthly.
$390/yr or $32.5/mo when billed annually.
7 days free. Cancel anytime.
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
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 2 days ago on . Most recent reply

User Stats

4
Posts
0
Votes
Mohit Arora
  • Austin
0
Votes |
4
Posts

Series LLC vs. Trust-Owned LLC – How to Handle Deed Transfers

Mohit Arora
  • Austin
Posted

I live in Austin, TX, and own few rental properties. Recently, I created a Series LLC with separate DBAs (per advice from my CPA), but I haven't done the deed transfers yet.

My main concern is the due-on-sale clause – if transferring the deed to the LLC triggers an issue with my lender. I asked my CPA if I should check with my mortgage company before transferring the deed, but they advised that I just do the transfer through an attorney and not explicitly inform the bank.
A few attorneys I consulted also had mixed responses, saying it may or may not be an issue, and that many investors do it without problems.

Instead of transferring the properties directly to the LLC, would it make more sense to:
1.  First create a trust (revocable )
2.  Make the LLC the owner of the trust
3. Transfer the properties into the trust, instead of the LLC?

This way, the lender wouldn't be triggered (since most allow transfers to a trust), but I'd still have the benefits of an LLC.

Other options 

a. Should I go ahead with the deed transfer to the Series LLC and deal with lender issues if they arise? one property at a time.
b.  Should I set up a trust first, then move the LLC and properties into it?
c. Should I cancel the LLC entirely and just rely on umbrella insurance?

Curious how other investors are handling this. Would love to hear what’s worked (or not worked) for others. Thanks!

Regards,

Mohit

Loading replies...