Investor · Campbell, CA · Member since 2016 · 78 posts · 33 votes
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.
Investor · Member since 2022 · 3k+ posts · 3k+ votes
3y
If they do a DOS, it takes months for it to materialize. They're betting rates aren't going to come down in that time. As of April 2023, we are unsure if rates have peaked.
You need to see your re-fi timing, if someone threatens to DOS you threaten to re-fi. It'll cost you but that's the price you pay. I think if you're taking smaller(ish) bank loans, you run a higher but still minute risk. Umbrella policy isn't going to do anything if the insurance company is trash.
There's really no way to prevent being sued, LLC or not. You just need to limit what can be sued and what is exposed. It needs to be proven there's any comingling, so a complete separation and documentation will help achieve that.
Encinitas, CA · Member since 2011 · 191 posts · 252 votes
3y
I would not underestimate banks' willingness to call low interest rate loans due on sale, transfer, or hypothecation going forward in a rising interest rate environment.
Back in the late nineteen seventies it was a major issue, and sufficiently important to banks that they forced through passage of the Garn-St. Germain act which in pertinent part guarantees their right to enforce due on sale clauses with limited exceptions.