Well I've done it multiple times, so I probably don't know what I'm talking about--I'm sorry if I probably wasn't clear. There are multiple different topics we are discussing here, Liability protection, ownership issues with mortgages, and insurance coverage. We were talking about avoiding the DOS by moving the property into an entity for Liability protection and triggering DOS.
One of the safest personal liability protections is to move the property into an LLC, LP or Corp that is properly maintained; I have never had or know of anyone else who has had their lender execute the due on sale clause by moving a property to an entity. That being said, if interest rates go up and banks feel the need to make people refinance, that might change. Simultaneously, I always maintain adequate insurance on each property and each investor should decide what level of insurance that they feel comfortable using.
If you move a property to a Trust, you ARE changing ownership of the property to that entity. Having a different Trustee is not an issue, but changing the beneficial interest of the trust absolutely violates G. St. G.
Some investors successfully use the Trust to partially mask the sale of the property.
If you change the Trustee to someone else, you are openly changing who controls the property (Not a violation of G.St.G.) and that could be a management company, your own company, your brother--whoever.
When the insurance is updated, there is no issue adding the new trustee to the insurance coverage or to include other members on the insurance as beneficiaries and this doesn't need to be hidden. The key is that the Lender is still named. If you file a change of beneficial interest and make that public record, it is plain as day that the original owner no longer owns the property.
Typically people trying to mask the sale will assign the beneficial interest with the proper paperwork, only they wait to file that assignment paperwork with the county until a later date, when they are ok with the bank knowing--perhaps when they are refinancing or selling.
I personally like Subject to property buying and we have used several different types of trusts to do it, under our LLC as Trustee and with proper insurance. We have helped multiple families avoid foreclosure and start over without that home burden, the bank doesn't take a loss, a tenant gets a great place to live, and we get a performing asset.
@Shannon Vanderweide I personally would not hesitate to buy a property because of being concerned about my LLC taking ownership, but understand there might be better ways for you to learn about in the future. I don't feel the need for a huge umbrella policy, but I make sure the properties insurance levels are comfortable without making us a target for ambulance chasers. Nothing wrong with an umbrella policy if you decide you are more comfortable with that, I just prefer not having the properties in my name. Good luck.