Agent

Must mortgage be held in living trust with home’s title?

Lenders take issue quite seriously
Published on Feb 9, 2006

DEAR BOB: When title to a home is held in a living trust, is it important for the mortgage to also be in the name of the living trust? --James C. DEAR JAMES: No. Only a very few enlightened mortgage lenders allow the living-trust trustee (the property owner) to sign the mortgage papers as trustee of the living trust. Purchase Bob Bruss reports online. Instead, most mortgage lenders insist the borrower momentarily take the title out of his or her living trust and put it back into the borrower's name, so the mortgage or deed of trust can be signed by the homeowner and then recorded. This results in unnecessary recording fees, but many mortgage lenders still refuse to allow living-trust trustees to sign the mortgage documents as a trustee. For more details, please consult a local real estate attorney. NO EXTRA TAX WHEN SELLING HOME TO ADULT CHILD DEAR BOB: My husband and I lived in our home for three years before moving to our current residence. We presently rent out our old house, but we...

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