If you put your home into a trust, will that affect your mortgage or trigger the Due on Sale clause? That’s what we’re discussing in Siedentopf Law’s latest video.
Hi, I’m attorney Sarah Siedentopf. I’m an estate planning and probate attorney in Atlanta, Georgia. Maybe you’re considering transferring your house, the home that you live in, into a revocable living trust and you’re wondering whether that’s going to affect the mortgage.
Can you do that or is it going to trigger the Due on Sale clause? Under the Garn-St. Germain act, if it is a residential property and it has one to four dwelling units in it, the answer is no. You, the owner, can transfer the property from your own name into a revocable living trust that is your trust, that you are the trustee of and beneficiary of. Now, if it’s a commercial property or if there are more than four units in it, you are going to need the permission of your mortgage holder. But if you’re just talking about the house that you live in, transferring it into your trust, you’re golden. No Due on Sale issues. If you’ve got more questions about this, please give me a call. Thanks.
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