More due on sale clauses triggered for LLC's in this rising rate environment

[Amir Navabpour]

Thinking about putting several of my properties in an LLC, and wanted to gather peoples thoughts on a topic that seems to keep coming: What is the liklihood of triggering the DOS clause?

I already have an umbrealla liability policy but feel like more protection can't hurt. Here is my concern: Alot of these regional banks RE investors have loans with have lost alot of deposits, they're probably hungry to increase their balance sheets right now. Also, in a declining int rates environment, a bank doesn't have incentive to call DOS clauses as they're likely to trade that mortgage for another w/ a lower rate. However, right now rates are higher, and likely going even a little higher. So if a bank calls your loan due at 3%, they take that balance and lend it back out at 6% today, so I wonder if they are more likely to do it.

Here's my question: In the event a bank calls the DOS clause, and one agrees to transfer the title from the LLC back into their names. Would that nullify their request to call the loan due? this is assuming all payments are made on time.

[Russell Brazil]

Having a mortgage in your name, while the property is owned by an LLC makes the LLC completely pointless since it is easily piercable.