Why Refinance a Property Out of an LLC in Houston?

Holding an investment property in a Limited Liability Company (LLC) is a smart move for asset protection. However, when it comes to financing, loans made to an LLC are considered commercial loans. These typically come with higher interest rates and less favorable terms compared to conventional residential mortgages.

For a real estate investor in Houston, the primary motivation to refinance a property out of an LLC and into their personal name is to secure better financing terms. A conventional investment property loan in your name can offer an interest rate that is significantly lower than a commercial loan, translating to a lower monthly payment and substantial savings over the life of the loan.

Example:

On a $300,000 loan, that difference could save you over $300 per month, making your Houston rental property significantly more profitable. (The data, information, or policy mentioned here may vary over time.)

Personal vs. Commercial Mortgages: Key Differences

Understanding the distinction between these two loan types is crucial. Lenders evaluate them through entirely different lenses.

Comparing personal and commercial mortgage documents

Will I Need to Provide My Personal Income Documentation for the Refinance?

Yes, absolutely. When you move a property from an LLC to your personal name, you are shifting the underwriting basis from the property's performance to your personal ability to repay the loan. The lender is now lending to you, not your business.

Be prepared to provide comprehensive documentation of your personal finances, including:

Your personal DTI ratio will be a critical factor. The new mortgage payment for the rental property will be included in your DTI calculation, though lenders may allow you to use a portion of the rental income to help offset that new debt. (The data, information, or policy mentioned here may vary over time.)

How Does the Title Transfer from the LLC to My Personal Name in Dallas?

The process of changing the property's title from the LLC to your name is a legal transfer that must be handled correctly to avoid issues with the lender and the county. This is often called 'unwinding' the LLC for financing purposes.

Key Steps for a Title Transfer in Dallas:

  1. Consult an Attorney: First, speak with a real estate attorney. They can advise on the best type of deed to use (often a Special Warranty Deed or a Quitclaim Deed) and ensure the transfer complies with your LLC's operating agreement.
  2. Prepare the Deed: The attorney will draft a deed that legally transfers ownership from the grantor (your LLC) to the grantee (you, the individual).
  3. Coordinate with the Lender and Title Company: This is critical. The title transfer must happen concurrently with the closing of your refinance. The title company will ensure that the new loan's lien is properly recorded against the property under your personal name immediately after the transfer.
  4. File with the County Clerk: The executed deed is filed with the Dallas County Clerk’s office to be officially recorded in public records. The title company handling your refinance will manage this step as part of the closing process.

Never transfer the title before your loan is fully approved and ready to close. Doing so could jeopardize your loan approval, as the lender has underwritten the loan based on a specific chain of title.

Signing documents for a property title transfer

Can I Do a Cash-Out Refinance During This Type of Transaction?

Yes, it is possible to do a cash-out refinance when moving a property out of an LLC. This allows you to tap into the property's equity to use for other investments, renovations, or personal needs.

However, lenders have specific rules for cash-out refinances on investment properties, especially those involving a recent title transfer. The main requirement is seasoning.

Lenders need to see that you've owned the property for a certain period, typically at least six months, to prevent fraud and risky property-flipping schemes. The good news is that your ownership period through the LLC generally counts towards this seasoning requirement. You must be able to prove that you were the owner or majority member of the LLC during that time.

Lenders will also cap the loan-to-value (LTV) ratio, often at 75% for a cash-out refinance on a single-unit investment property. (The data, information, or policy mentioned here may vary over time.)

Example:

Are There Any Specific Tax Implications I Should Be Aware Of?

While moving a property from a single-member LLC (often a 'disregarded entity' by the IRS) to your personal name is usually a non-taxable event, it's essential to proceed with caution. Always consult with a qualified tax professional and a real estate attorney.

Here are some points to discuss with your advisors:

What Kind of Loan Seasoning Is Required for the Property Inside the LLC?

As mentioned, 'seasoning' refers to the length of time the property has been owned. Lenders want to ensure the transaction is stable and not a rapid flip.

For a rate-and-term refinance (no cash out), the seasoning requirements are often minimal. However, for a cash-out refinance, most lenders require you to have been on the title for at least six months. (The data, information, or policy mentioned here may vary over time.)

Crucially, lenders will typically accept the period you owned the property via your LLC as meeting this requirement. You will need to provide documentation proving your ownership of the LLC, such as the operating agreement and formation documents, to connect the chain of ownership from the LLC to yourself.

How Do Lenders View the Property's Rental History Under the LLC?

Lenders view a documented rental history under the LLC as a major positive. It demonstrates that the property is a performing asset and reduces the perceived risk of the loan. A strong rental history strengthens your application, especially when you need the rental income to qualify.

To prove the rental history, you should be prepared to provide:

A solid track record of rental income makes it easier for the lender to use that income to offset the new proposed mortgage payment, which helps lower your DTI and improve your chances of approval. Refinancing a rental property out of an LLC involves legal, tax, and mortgage underwriting complexities. Partnering with a mortgage strategist who understands the specific documentation and lender requirements for investors is key. A specialist can help you navigate the title transfer and secure the best possible terms for your conventional refinance.

Unlocking better rates on your investment property is a powerful move. If this strategy sounds right for your portfolio, our team specializes in helping investors navigate these exact scenarios. Explore your options today and start maximizing your returns. Apply now to see what's possible.

Author Bio

David Ghazaryan is the expert mortgage strategist and founder behind iQRATE Mortgages. With a mission to fund home loans that traditional banks won't touch, David specializes in helping clients with unique financial situations, including those recovering from foreclosure or bankruptcy. He expertly crafts smart, strategic, and stress-free mortgages by leveraging a vast network of over 100 lenders to secure competitive rates for investors and homebuyers alike. Praised for exceptional customer service, David has helped hundreds of families with a 97% satisfaction rate, guiding them to the mortgage they deserve.

References

Fannie Mae - Investment Properties Eligibility

CFPB - What is refinancing and how does it work?

HUD - Investment Properties

FAQ

What is the main reason to refinance an investment property out of an LLC?
How does a lender's evaluation differ between a personal and a commercial loan?
What personal financial documents are required for this type of refinance?
What are the key steps to transfer the property title from an LLC to my name?
Can I get cash out when refinancing a property from my LLC?
Are there tax implications when transferring a property from a single-member LLC?
How do lenders view the property's rental history while it was in the LLC?
David Ghazaryan
David Ghazaryan

Smart, Strategic, and Stress-Free Mortgagess
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