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Can I change my home's title after closing?

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Mortgage and Lending with Mortgages in AZ, CA, CO, DE, FL, GA, IN, MD, MN, MT, NC, NJ, NV, OK, OR, PA, SC, SD, TN, TX, UT, VA, WI NMLS #138061 MMCD #1141

 

Can I change my home's title after closing?

 

Mortgage FAQ

 

     An alternative title to this post could be "your mortgage broker is an idiot".  Unfortunately, the answer many loan officers will provide to this question is "sure you can, just wait until the loan is closed and recorded, and then change title".  This answer is typically a cover up for "I don't know", or worse, "once the loan is closed I'm paid, so I don't care what you do".  This is one of the worst pieces of advice a mortgage professional can provide.

 

     The absolute, definitive answer to this question is 'maybe'.  If you own the home free & clear, you should work with a title company or attorney to structure title however you'd like, but be aware that you're changing the ownership of an asset, and your actions could have tax implications.  If you have a mortgage, though, it's a different story.  Your mortgage company must approve any changes to the way title is held after your loan closes.

 

     This comes up often with investors wanting to hold properties in LLC's, situtations with multiple borrowers on a loan, or with someone creatively navigating the tax code.  It usually falls into the realm of "you can't have your cake and eat it, too".  If you want the low rates and advantages offered by Fannie Mae or Freddie Mac, you're not going to be able to hold title in an LLC - they want YOU responsible for any issues with the loan, not your LLC.  There are portfolio lenders aplenty who will close your loan in an LLC, but chances are you're going to need more equity and you'll pay a higher rate.  What you can't do is close your loan in your name with a conventional loan, and then transfer title to an LLC post-close.  If you do, the bank can call the loan due, and initiate the foreclosure process.  Trust me, it's in the fine print.

 

     The same can be said with quit-claim deeds.  Many people believe they can add or subtract people from title as they please.  Often there will be tax implications to adding or removing someone from a title, and as with transferring to an LLC, the lender can call a loan due or initiate foreclosure if a quit-claim deed was recorded without permission from the lender.  If they approved a loan with 2 people holding title, then they approved the loan with 2 people being party to the responsibility for that property, not 1, so removing someone without permission violates the loans standards.

 

     Do people change title and get away with it?  Yes, they do.  Lenders aren't checking deeds every 30 days to ensure nothing's changed, however, if a lender finds out title was changed from an individual borrower to an LLC, or if a quit-claim has been recorded without permission from the lender, there is likely to be signed documentation giving the lender permission to immediately initiate foreclosure.  It is not worth the risk.  Just because a friend or family member did it, does not mean you'll be as lucky, nor does it mean they won't eventually be called on it.

 

     Do it the right way.  Talk to your lender about the reason you want to change title and see if they will work with you.  While it may be difficult to get a non-portfolio lender to make the change to an LLC, often times quit-claim deeds can be worked on with a lenders permission and executed without a problem so long as there's a legitimate reason for it and the proper steps are taken.

 

 

Need a lender with options to close in an LLC, corporation, partnership, or trust?  Give me a call at 484.680.4852 for program guidelines & parameters.

 

photo from Fotopedia

Posted by

John Meussner
NMLS ID #138061

It's more than a house - it's home.  So we offer a wide range of mortgage products at competitive prices to help our clients achieve financial security at home.  While we get great feedback on our prices and products, many clients say their favorite part of working with John Meussner & MasonMac is the level of service provided along the way.

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Comments(9)

Jean Hanley
Coldwell Banker Kivett Teeters - Hemet, CA
Specializing in Folks Who Want To Buy/Sell Homes

This practice is so commonly used, and the problem is, people add and subtract people and don't bother getting title insurance.  Problems down the road.....

Feb 06, 2014 09:48 AM
Fred Griffin Florida Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

You can trigger the due-on-sale clause in the mortgage.  You can incur taxes and documentary stamps on the new Deed that you created.  The New Deed may not have Title Insurance.  You may even void your Homeowner's insurance.  

Work with the Lender, also see a Real Estate Attorney, also check with your Insurance Agent! 

Feb 06, 2014 09:58 AM
Debbie Reynolds, C21 Platinum Properties
Platinum Properties- (931)771-9070 - Clarksville, TN
The Dedicated Clarksville TN Realtor-(931)320-6730

John, I have heard the sure you can answer a hundred times. And sure enough they always do.

Feb 06, 2014 10:56 AM
David Shamansky
US Mortgages - David Shamansky - Highlands Ranch, CO
Creative, Aggressive & 560 FICO - OK, Colorado Mtg

Hey John good advice but I am not sure of tax implications because someone was removed from title. I will admit I am not an expert in this area but trying to figure out where or why tax implications would land from someone quit claiming off title. As far as the rest yes you coming off the title to go into an LLC can easily raise a flag and could easily cause a note to be called due but if the loan payments are all made as agreed then, again, as you mentioned it may not be caught. Question is... is it worth the risk???

Feb 06, 2014 11:21 AM
John Meussner
Mortgages in AZ, CA, CO, DE, FL, GA, IN, MD, MN, MT, NC, NJ, NV, OK, OR, PA, SC, SD, TN, TX, UT, VA, WI - Fair Oaks, CA
#MortgageMadeEasy Fair Oaks, CA 484-680-4852

Jean - exactly, there's so much more to it than anyone pays attention to.

Fred - yes!  To avoid the loan being called, one must work with the lender.  To avoid a title catastrophe, consulting an attorney is a good idea.  Although, I've had people tell me their attorney advised them to transfer the title to an LLC after closing a conventional loan...it's hard to tell if anyone knows what they're talking about these days.

Debbie - it's kind of scary how many people have done this, even through ignorance or with their fingers crossed the lender doesn't find out.  I personally don't think it's worth the risk.

David - I think the taxes come into play more when adding people to title, I've seen it many times where someone is removed & another added (post-divorce situations, usually), and no, I don't think it's ever worth the risk.  It's a dumb move when there are alternatives.

Feb 06, 2014 02:37 PM
Amanda Christiansen
Christiansen Group Realty (260)704-0843 - Fort Wayne, IN
Christiansen Group Realty

This is great information here John.  Definitely suggested, and I'm going to tweet it out as well.  Have a great day!

Feb 06, 2014 10:44 PM
John Meussner
Mortgages in AZ, CA, CO, DE, FL, GA, IN, MD, MN, MT, NC, NJ, NV, OK, OR, PA, SC, SD, TN, TX, UT, VA, WI - Fair Oaks, CA
#MortgageMadeEasy Fair Oaks, CA 484-680-4852

Thanks Amanda & Jared, appreciate you thought enough to suggest & share it. 

Feb 07, 2014 04:16 AM
Rosie Crow
Serving Sugar Land, Richmond, Rosenberg, Missouri City - Sugar Land, TX
Exceeding Expectations. Delivering Results

Thanks John for this post. This is very informative. I was very intrigued by the question and didn't know how to answer it. This info is good to know. Thanks again for sharing!

Feb 07, 2014 12:14 PM