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All Forum Posts by: Jay Charles

Jay Charles has started 2 posts and replied 11 times.

Quote from @Tarl Yarber:

You can reach out to your current lender that is providing you the funds, and ask for additional funding.  They may say no, and they may also say yes and charge you a bunch more for it.

Additionally, depends on your access to other capital.  Do you have other assets you can leverage?  Do you have other investors you can borrow from?  Can you give equity away to someone in return for the remaining funds needed to finish the project up?

Bottom line, if you already own the project and it cant be sold (or rented) until the project is completed, you go to do whatever it takes to finish the project up and move on.  If you are in this business for the long run, then one deal is nothing compared to the bigger picture.

Noted.

 Thanks Tarl. 

Quote from @Henry T.:

get a hammer.


 lol being handy is an asset in the rehab world. 

Hello BP,

What are some alternatives for additional funding if you've exhausted your rehab project funds? 

Post: Placing House back into LLC

Jay CharlesPosted
  • Posts 11
  • Votes 2
Quote from @Caroline Gerardo:

Transferring is a sale deed and taxes incur. Property and capital gains taxes.

Sure follow a guy on here who says the lender or servicer will allow you to just put it back when your hand is caught in the cookie jar. You might recall that form with the FBI on it that you signed.

No it's due and 'gotcha especially if the rate is low.   Your fire insurance policy won't match and you may have trouble making a claim. Soon as you change the fire hazard the lender servicer gets notified. Do not collect $200 do not pass go think monopoly game.

You can write to your servicer and ask permission before you change the deed. If is single owner and you prove it to them they might say yes. 


So, let's say I initially purchased the property cash and placed the property in my LLC and after I did my rehab I refinanced with a conventional loan and had to transfer my property from my LLC to my legal name. Would that transfer be considered a sale deed and incur taxes and capital gains taxes towards my LLC?

Post: Placing House back into LLC

Jay CharlesPosted
  • Posts 11
  • Votes 2
Quote from @Caroline Gerardo:

Transferring is a sale deed and taxes incur. Property and capital gains taxes.

Sure follow a guy on here who says the lender or servicer will allow you to just put it back when your hand is caught in the cookie jar. You might recall that form with the FBI on it that you signed.

No it's due and 'gotcha especially if the rate is low.   Your fire insurance policy won't match and you may have trouble making a claim. Soon as you change the fire hazard the lender servicer gets notified. Do not collect $200 do not pass go think monopoly game.

You can write to your servicer and ask permission before you change the deed. If is single owner and you prove it to them they might say yes. 


 Caroline, 

You read my fears. I did receive a low interest rate and would not want to jeopardize losing my property over a transfer. It would be easier to just write the mortgage company and ask for permission just to be on the safe side. Thanks for the confirmation. 

Post: Placing House back into LLC

Jay CharlesPosted
  • Posts 11
  • Votes 2
Quote from @Richard Bechtol:

Hi Jay,

There are some other options on moving the property into a structure without triggering the due on sale clause. This could be accomplished by using a Trust so you do not move the property directly into the LLC. I have assisted many investors with this process.


 Hello Richard,

What would be the difference in putting a property in a Trust versus directly in an LLC. Also, when putting a property in a Trust would the property have asset protection as it would if it were directly in an LLC?

Post: Placing House back into LLC

Jay CharlesPosted
  • Posts 11
  • Votes 2
Quote from @Niyi Adewole:
Quote from @Jay Charles:

Hello, 

So, I have a rental property that I want to place in my LLC however my mortgage has a due at sales clause. Is there a way to place my property in my LLC without triggering a due at sales clause?

 HI @Jay Charles

I want to preface this comment by saying i am not a legal expert or mortgage professional. Speaking from experience, I have purchased 4 homes in the Atlanta Metro and over 5 in Louisville, Ky via a conventional 30 year mortgage and successfully moved all of these homes into an LLC after closing and waiting a few months without a due on sale being called.

As long as you continue to pay the mortgage on time, you should not have any issues (knock on wood). Please feel free to PM with any additional questions on this piece or if you need a contact that can create the LLC/quit claim the property over to it.
 


 Hello Niyi, 

Thank you for the information and if I do have any more concerns, I will definitely contact you. Thanks again.

Post: Placing House back into LLC

Jay CharlesPosted
  • Posts 11
  • Votes 2
Quote from @Jay Hurst:
Quote from @Jay Charles:

Hello, 

So, I have a rental property that I want to place in my LLC however my mortgage has a due at sales clause. Is there a way to place my property in my LLC without triggering a due at sales clause?

 @Jay Charles   When you purchased did you get a conventional loan? 


 Hello Jay, 

Yes, I used a conventional loan. 

Post: Placing House back into LLC

Jay CharlesPosted
  • Posts 11
  • Votes 2

@Khari F.

Yes, this is my first investment property. I want to place it in my LLC for asset and identity protection.

Post: Placing House back into LLC

Jay CharlesPosted
  • Posts 11
  • Votes 2

Hello, 

So, I have a rental property that I want to place in my LLC however my mortgage has a due at sales clause. Is there a way to place my property in my LLC without triggering a due at sales clause?