Can you move a mortgaged property into your LLC?
- Brandi Joffrion
- Oct 1, 2025
- 2 min read
You can record the deed. Whether you should depends on your loan.
The clause nobody reads
Most mortgages contain a due-on-sale provision letting the lender demand full repayment if the property transfers without consent. Deeding your rental into an LLC is a transfer.
In practice lenders often don't act, particularly while payments are current. But "often don't" isn't the same as "can't," and you're choosing to rely on a lender's inattention rather than on your loan terms.
Residential loans are a different conversation from commercial ones
Federal law limits when lenders can enforce due-on-sale for certain residential transfers, and some of those exceptions involve trusts rather than LLCs. Whether your particular transfer falls inside an exception depends on the loan, the property, and the structure.
Don't assume. Read the loan or have someone read it.
What else changes when you transfer
Insurance. A property owned by an entity generally needs a different policy. A personal landlord policy on an LLC-owned property may not respond to a claim.
Title insurance. Your existing policy may not extend to the new owner.
Refinancing. Many lenders require the property back in your personal name to refinance, then allow it back into the LLC afterward.
Transfer taxes. Some jurisdictions tax the transfer even between related parties.
The version that usually works
Ask the lender. A written acknowledgment costs a phone call and removes the entire risk. Many lenders will consent, particularly for an entity you wholly own.
What to do
Pull the loan documents and find the due-on-sale language. Get an insurance quote for entity ownership. Ask the lender in writing.
If all three come back clean, transfer. If any of them doesn't, that's the conversation to have before recording anything.
This is general information, not legal advice for your situation. If you want an answer for your business, book a consultation.
