This is not legal advice and not tax advice. Whether an entity is right for you, in which state, and how it is treated for liability and tax purposes are questions for your attorney and your CPA. What follows is only what a lender sees.
The sequence that causes the fewest problems
- Talk to your attorney first. Whether an LLC is right, and where, is their question, not a lender’s.
- Form the entity and confirm it is active and in good standing.
- Ask your existing lender before you transfer. Most mortgages contain a due-on-sale clause, and a transfer of title can be a trigger under it. What a given lender does about that is between you, your attorney and that lender — ask rather than assume, in either direction.
- Record the deed. This is a recorded transfer, not a new closing — you are not paying for a new loan. There may be recording costs; your closing agent will confirm what applies.
- Check that the name matches everywhere — deed, insurance policy, leases, and the account the rent goes into.
What IEG looks at when you refinance
- Whether title matches the application. If the property is held in an entity, IEG writes the loan to the entity
- Whether the entity is in good standing, with current filings
- Who the authorized signers are, documented in the operating agreement
- Whether the insurance policy names the entity — a policy still in a personal name becomes a condition
Common mistakes
- Deeding the property over and never updating the insurance
- Forming the entity but never recording the deed, so title and intent disagree
- Rent going into a personal account after title moved to the entity
- Assuming a transfer is invisible to the existing lender