Can I do that? Placing a Home with a Mortgage into a Revocable Trust
/
As an attorney there are certain questions I get asked a lot. I decided to make a series of such questions called the “Can I do that?” series. If you’ve ever wondered if you can do something specific with a trust or will, this blog series should help you find some answers.
One such question is, “I have a mortgage on my home, can I still put it in my trust?” Along with this question comes the assumption that they don’t own their home because they are paying a mortgage on the property. This is a normal “Can I do that??” question, so don’t feel like you’re the only one with this concern. Generally speaking, yes you can place your home in a trust, even if there is a mortgage.
Understanding Revocable Trusts
First, let's clarify what a revocable trust is. A revocable trust is a legal arrangement where you, as the grantor, transfer ownership of your assets into a trust. The trust is managed by a trustee (which can be you). Unlike an irrevocable trust, a revocable trust allows for changes or revocation during your lifetime.
Benefits of Placing a Home in a Revocable Trust
There are several benefits that come with placing your home, including one with a mortgage, into a revocable trust:
1. Avoiding Probate: One of the main advantages of a revocable trust is the ability to avoid probate, the court process that distributes assets upon your passing. By placing your home in a trust, you can ensure a smoother transfer to your beneficiaries, saving time and money.
2. Maintaining Control: Placing your home in a revocable trust doesn't mean relinquishing control. As the grantor, you can continue to live in your home, manage it, and enjoy the benefits of homeownership without any significant changes.
3. Protection and Privacy: Placing your home in a revocable trust can provide an extra layer of protection and privacy. When assets are held in a trust, they are not subject to public scrutiny, ensuring your personal affairs remain confidential.
How does a Mortgage Affect the Trust?
Now, let's address the mortgage aspect. Placing a home with a mortgage into a revocable trust is possible, but it's essential to follow the necessary steps:
1. Review Mortgage Terms: Before proceeding, review the terms of your mortgage agreement. Some lenders may have due-on-sale clauses that could potentially be triggered when transferring ownership to a trust. It's crucial to ensure that transferring your home to a trust will not violate any terms of your mortgage.
2. Notifying the Mortgage Lender: Once you have reviewed the mortgage terms, it is advisable to inform your lender about your intention to place your home in a revocable trust. This step allows you to seek clarification and ensure compliance with any lender requirements.
3. Transferring Ownership: With your lender's approval, work with an experienced attorney to transfer ownership of your home to the revocable trust. This process typically involves executing a deed that transfers the property from your name to the trust. I routinely assist clients with placing their mortgaged property into their revocable trust.
Seek Professional Guidance
Navigating the intricacies of placing a home with a mortgage into a revocable trust can be complex, and frankly, overwhelming. The good news is you don't have to do it alone. You should seek the guidance of an experienced attorney who specializes in estate planning and trusts to ensure that your wishes align with the legal requirements.
At Law Office of Sharyna Scott, we are dedicated to helping individuals like you make informed decisions about their legacy and being your advisor every step of the way. Our goal is to provide you with the confidence and peace of mind you deserve when planning your legacy.
Contact us today to discuss your estate planning goals and explore the best options for placing your home into a revocable trust. Together, we can create a plan that reflects your wishes and sets the foundation for a more secure future.
