Skip to content
×
PRO
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
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. 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 almost 9 years ago, 01/22/2016

User Stats

15
Posts
3
Votes
Tim Wilderbeeste
  • Longwood, FL
3
Votes |
15
Posts

Wells Fargo won't allow us to place property in LLC

Tim Wilderbeeste
  • Longwood, FL
Posted

As some of you may recall I made some inquiries on here a few months ago about the best way to protect our real estate holdings by placing them in an LLC. Well we consulted a lawyer and began the process through him only to run into a major hurdle - we have been instructed by Wells Fargo, the lender on three of our properties, that we are not allowed to place the properties in an LLC and if we try to do so they will trigger the due on sale clause. The lawyer said he is mystified by their stance and has never come across such a problem before - we ourselves have always found Wells Fargo very easy to deal with up to this point. Now we either have to try and refinance with someone else who'll allow the transfer to an LLC, or take up the lawyer's other recommendation of simply getting an umbrella insurance policy to cover the properties. Personally I don't get it - I thought placing investment properties in LLC's was a stock standard business practice in Real Estate, so why is Wells Fargo getting so obstructive about it - does it leave them exposed somehow? Also please note - the LLC's are purely for liability purposes, not for any kind of tax breaks.

Loading replies...