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Transfer condo to LLC

Started by nyc2015question
almost 10 years ago
Posts: 15
Member since: Sep 2015
Discussion about
I bought a condo 1.5 y ago using mortgage and 25 % down as principal residency. Based on current value I owe a bank 50 % of the condo value. Now I am renting it out . I would like to transfer this property to LLC. I need an advise how to do it.
Response by uptown_joe
almost 10 years ago
Posts: 293
Member since: Dec 2011

A 50% increase in value in 18 months, eh?

This is complicated enough that you should get an attorney involved now. (I do not have one to recommend for this, unfortunately.) As a preliminary question, do you have financing planned out with a specific lender?

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Response by crescent22
almost 10 years ago
Posts: 953
Member since: Apr 2008

Your mortgage company won't go for that. New York is a recourse state- they won't let you transfer ownership to an otherwise assetless LLC and be unable to go after you should you not pay the mortgage.

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Response by streetsmart
almost 10 years ago
Posts: 883
Member since: Apr 2009

You are probably going to have to transfer title to the LLC, unless there is a clause on your mortgage loan docs namely on the mortgage instrument or note allowing you to assign the mortgage. I doubt that this is the case. You will have to take out a new loan.
Ellen Silverman
Licensed Mortgage Broker since 1990 NMLS #60631
esfundingco@aol.com

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Response by scout15
almost 10 years ago
Posts: 28
Member since: Jun 2015

New York is a single action state. The lender can either foreclose or sue you for the money, not both. Almost every case is settled by foreclosure since suing for the money takes infinitely longer to settle the case.

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Response by fieldschester
almost 10 years ago
Posts: 3525
Member since: Jul 2013

Before I clicked through, I thought this was about transferring a condo to Long Island City, and even though I had no idea how you would do that my first thought was why you'd even want to try. Never mind.

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Response by muromec
almost 10 years ago
Posts: 323
Member since: Oct 2009

How about this?
Under the Garn St. Germain Act an investor can create a land trust to hold title to his rental real estate without fear of his lender calling the mortgage due and payable. Once the property is held by the land trust, an investor has the flexibility to assign his beneficial interest to a limited liability company or another purchaser without alerting any third parties to the fact there has been a transfer

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Response by Admin2009
almost 10 years ago
Posts: 380
Member since: Mar 2014

"Garn-St. Germain " - - - the grandfather of the S&L Crisis of the 1980's and 1990's

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Response by Aaron2
almost 10 years ago
Posts: 1698
Member since: Mar 2012

Well, you and your lawyer better read the Act pretty carefully, and be aware of the types of trusts permitted under the Act that can hold title (and the limits on how those trusts can assign beneficial interests). The original poster didn't provide a reason why he wanted to transfer title to an LLC, so who knows if putting the property into an LLC will really accomplish what he wants.

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Response by muromec
almost 10 years ago
Posts: 323
Member since: Oct 2009

Any one can advise a lawyer who can help with that?

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