@James Palassis
Your question actually led me to something interesting, and certainly a learned lesson. I know I mentioned finding a lender with no due-on-sale clause, and this was my understanding up until now. Here's what went down...
- Before acquiring any properties, I called a number of lenders and asked a handful of questions, mainly to get a feel for their customer service but also to determine if any said "no" when asked if there's a due-on-sale clause on the note.
- One lender was both very helpful and said "no" to this question. Here was my mistake -- I did not ask to see where on the note it specifically mentions this. I simply took their word for it and moved forward.
The plan was pretty standard: to purchase under my personal name, refinance with no due-on-sale clause on the note, and then transfer the deed to my LLC. So far I've purchased under my personal name and refinanced two properties, and was hoping to transfer them to the LLC next month... then I read your question and realized I couldn't answer you with concrete information.....
I went through the note in further detail and found there is a clause that requires I receive written permission before transferring the property to an LLC.
"If all or any part of the Property is sold or transferred without Lender's prior written consent, Lender may require immediate payment in full of all sums..."
Long story short, it looks like I'll need to contact the banks who bought each loan and get their approval before transferring to the LLC. I've also learned a valuable lesson on confirming with my own eyes - something I do often with my properties but skipped on this portion of the lending process.
Lesson learned.
Do you have any experience with getting a lender to approve this? Curious if you make any headway with this in the near future.