Transfer deed, retain mortgage, without due-on-sale

[Brandon Bell]

I've owned a property for four years with a standard fixed-rate mortgage, and now I'm looking to convert it into a rental. My goal is to transfer both the deed and the mortgage to an LLC. My main concern is how to avoid activating the due-on-sale clause when transferring the deed. I'd like to keep the current fixed-rate mortgage in place and, if possible, have the debt transferred to the LLC as well. Any advice on how to navigate this?

I’d appreciate any feedback from those who can offer advice, but I’m also curious about what specific type of attorney or local resource I should reach out to for guidance.

I’ve seen references to the Garn-St. Germain Act and using a trust for subject-to approaches that may work for this kind of transfer, but I’m not sure it totally applies to my situation.