Mtg Due-on-Sale? - Any strategies for moving rentals in to LLC?

[Bhaskar Pandey]

I own two SF rentals in San Antonio, Texas and before I buy a third one, as per the popular suggestion, I wanted to move both homes in to an LLC for asset protection and minimizing personal liability. However, as I started researching the process, I came across the terms 'due-on-sale' in this blog post (https://www.legalzoom.com/articles/how-do-i-transfer-title-of-a-property-from-a-person-to-an-llc) which I understood as the remainder of loan would be due in full if I attempted to transfer the deed over to the LLC. What I've read so far is that not many (or none of the) lenders would be willing to let me transfer the deed over to the LLC without calling it due. I'd like to hear from you successful RE investors who have been able to do this and find out what my options are?

So far, I've come up with the following as my options:

1. Continue to keep the properties in my name and get a large umbrella policy (dwelling policy) to cover any liability that I may be subjected to.

2. Refinance as a commercial loan (higher interest rate, larger payments, points etc.) - more expensive overall.

3. Land Trust with myself as trustee and LLC as beneficiary (http://clintcoonsblog.com/2011/01/26/transferring-real-estate-into-your-llc/).

Can anyone having done this before provide their experience?

Thanks!

[Stacey Paulin]

Based on my research it would be a mistake to be the trustee of your own trust. The whole point of a land trust is to provide anonymity. The deed that you will record at the courthouse will have the trustee name on it...i.e. you. So there will be no anonymity there. 

Now, your LLC can serve as both beneficiary (great asset protection), and co- trustee. This way the property is in the name of the trust and the LLC has beneficial interest. The trust can be listed on the deed and you have both anonymity and asset protection. You also get around the due on sale clause. Furthermore, if the LLC as co-trustee serves in a management capacity you avoid issues with IRS filings. I'm not a lawyer or CPA. Just sharing what I've learned.