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Commonly Asked Questions about LLC Ownership Transfer Deeds

The difference is that a due-on-sale clause is triggered when you sell or transfer your property without the lenders consent, whereas an acceleration clause goes into effect when you miss mortgage payments, file for bankruptcy or fail to fulfill your loan requirements in some other way. What Is A Due-On-Sale Clause? - Quicken Loans Quicken Loans learn due-on-sale-clause Quicken Loans learn due-on-sale-clause
Transferring your property into an LLC can activate the due-on-sale clause of your mortgage, requiring the balance to be paid in full.
Follow these steps to transfer your property to an LLC in Charlotte, NC: Create an LLC. The first step is to create an LLC with the North Carolina Secretary of State. Obtain an EIN. Draft an Operating Agreement. Transfer the Property. Update Mortgage and Insurance. Obtain Necessary Permits.
These exemptions include: Divorce or legal separation: If the borrower files for divorce or legal separation, the property may be transferred to the spouse or child of the marriage without invoking the due-on-sale clause. However, the new owner must occupy the property for this to be the case. What Is A Due-On-Sale Clause? - Quicken Loans Quicken Loans learn due-on-sale-clause Quicken Loans learn due-on-sale-clause
Transferring Property to the LLC The deed should clearly state the LLC as the new owner of the property. File the Deed with the County Recorders Office Once the deed is prepared, file it with the county recorders office where the property is located. This officially transfers ownership of the property to your LLC.
If the property has appreciated in value, a capital gains tax might apply. However, if the LLC is a single-member entity classified as a disregarded entity for tax purposes, the transfer generally has no immediate tax consequences.