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All Forum Posts by: Justin Igoe

Justin Igoe has started 3 posts and replied 17 times.

Post: Can I quit claim deed into my series llc when only wife is on mortgage?

Justin IgoePosted
  • Rental Property Investor
  • Wilmington, DE
  • Posts 17
  • Votes 2
Quote from @Michael Smythe:

Yes, because you are not on the mortgage, transferring it to an LLC you own would violate due on sale clause.

Suggest you speak with an attorney about the chances of you getting caught and the repercussions.My wife is on the mortgage and we'd both be owners of the new LLC Series. Fannie Mae allows you to transfer into LLC. Is there a law stating that all owners of the LLC need to be listed as borrowers on the mortgage?


 Hi Michael,

My wife is on the mortgage and we'd both be owners of the new LLC Series. Fannie Mae allows you to transfer into LLC. Is there a law stating that all owners of the LLC need to be listed as borrowers on the mortgage?

Post: Can I quit claim deed into my series llc when only wife is on mortgage?

Justin IgoePosted
  • Rental Property Investor
  • Wilmington, DE
  • Posts 17
  • Votes 2
Quote from @Jason Marino:

Hi Justin,

Some of the replies above are a bit reductive on the process of piercing the corporate veil and seem to insinuate that it is a common process. This process is determined by a detailed test, which varies significantly based on the law of the State that the LLC is formed in. The process of disregarding an LLC in Delaware is, in fact, fairly uncommon. It would involve the following test.

(1) whether the company was adequately capitalized for the undertaking; (2) whether the LLC was solvent; (3) whether LLC formalities were observed; (4) whether the dominant member(s) siphoned company funds; and (5) whether, in general, the company simply functioned as a façade for the dominant member(s).

The failure of a single element of the test is generally not considered enough to justify piercing the corporate veil. You would need a combination of failures on these elements to pierce the corporate veil successfully.


 Hi Jason,

Thanks for the info. So do you think that by transferring our house into our series LLC (with current mortgage still in my wife's name only) that could pierce the corporate veil?

Post: Can I quit claim deed into my series llc when only wife is on mortgage?

Justin IgoePosted
  • Rental Property Investor
  • Wilmington, DE
  • Posts 17
  • Votes 2

Good to know. Thank you both for the input!

Post: Can I quit claim deed into my series llc when only wife is on mortgage?

Justin IgoePosted
  • Rental Property Investor
  • Wilmington, DE
  • Posts 17
  • Votes 2

I wasn't aware that transferring property into an LLC doesn't provide the same asset protection as having purchased it with the LLC. If that's the case then there's a lot of investors wasting time and money using LLC's for properties they initially purchased in their names for the owner occupied financing.

It shouldn't violate the due on sale clause if my wife had 51% ownership in that series of the LLC. I copy/pasted below from Fannie Mae (Allowable Exemptions Due to the Type of Transfer) which states you can transfer into: 

a limited liability company (LLC), provided that the mortgage loan was purchased or securitized by Fannie Mae on or after June 1, 2016, and the LLC is controlled by the original borrower or the original borrower owns a majority interest in the LLC, and if the transfer results in a permitted change of occupancy type to an investment property, such change does not violate the security instrument (for example, the 12 month occupancy requirement for a principal residence).

Post: Can I quit claim deed into my series llc when only wife is on mortgage?

Justin IgoePosted
  • Rental Property Investor
  • Wilmington, DE
  • Posts 17
  • Votes 2

Long time lurker on BiggerPockets and very grateful for all the great info I've found here over the years. 

My wife and I are moving out of our current home and going to rent it out. My wife is the only one on that mortgage which is owned by Fannie Mae. We are both on the house deed. I have a Delaware Series LLC which as of now I'm the single member.

If I open a new series 50/50 with my wife and quit claim our house deed into that series would that violate the mortgage or trigger the due on sale clause?

I heard Fannie and Freddie now allow you to transfer their mortgages into LLC's but my concern is that I'm not a borrower on the mortgage and we'd be transferring into an LLC Series that I'd own 50% of.

Post: Insurance for rental property portfolio in NE Ohio

Justin IgoePosted
  • Rental Property Investor
  • Wilmington, DE
  • Posts 17
  • Votes 2

Courtney,

At least 3 separate times within the last year NREIG deposited my escrow checks in the thousands of dollars into inactive accounts that were hidden from me. Thousands of dollars of my money hidden from me that I didn't even know I had because it's not shown anywhere on monthly statements. 3 times in a row is no coincidence. 

I sensed that money was disappearing so I spent many hours reviewing my mortgage escrow accounts and HUD statements etc and saw that thousands of dollars were missing/disappearing! If I didn't do this deep dive into my mortgage escrows, HUDs etc I would've never known and they would've kept my money forever!!

I reiterate that not once did NREIG notify me that I had thousands of dollars hidden for over a year in inactive accounts. I had to catch them before they even acknowledged it. Once I caught them they just say ok we'll refund you, with no apology or accountability, like it's no big deal. Not only that but they continued to deposit my escrow checks into these same inactive accounts. If an account is inactive how is it even possible to deposit checks into it??!!!  

Nobody there at NREIG seems to care at all. Courtney's reply here is the most concern anyone at NREIG has shown regarding their disgraceful conduct.

Post: Insurance for rental property portfolio in NE Ohio

Justin IgoePosted
  • Rental Property Investor
  • Wilmington, DE
  • Posts 17
  • Votes 2

NREIG is the worst. Absolutely horrible. I'll make a detailed post at some point but don't have the time right now.