To transfer your home to a trust, you must sign a deed that names the trustee as the property's new owner. The trustee would then assume the “title” as the legal owner of the property.
To change the names on a real estate deed, you will need to file a new deed with the Division of Land Records in the Circuit Court for the county where the property is located. The clerk will record the new deed.
One disadvantage of placing your house in a trust is the loss of direct ownership. Transferring your property to a revocable living trust makes the trust the legal owner. While you retain control as the trustee, this change in ownership may affect your ability to mortgage or refinance the property.
How to put a house into a trust if it has a mortgage Create the Trust. Before transferring a property into a trust, you need to establish the trust. Notify Your Mortgage Lender. Update Insurance Policies. Continue Making Mortgage Payments. Refinancing Considerations.
Assets can be transferred to a trust through methods like a deed of grantor(s) to trustee(s), title transfer, assignment of ownership, opening new accounts, naming the trust as a beneficiary, and more. Putting property in a trust can be done through various legal means, providing flexibility to the grantor.
If you wish to include your house in a trust, you must create a real estate trust. To transfer your home to a trust, you must sign a deed that names the trustee as the property's new owner. The trustee would then assume the “title” as the legal owner of the property.
If you name yourself, you'll need to pick a successor trustee who will take over management of your trust once you die and ensure your property is distributed to your named beneficiaries. Create the trust document: You can do this either by yourself using an online program or with the assistance of a lawyer.
Where to Get a Deed of Trust? To get a Deed of Trust, you must file the proper paperwork with the proper court as generally outlined above. These documents must be filed with the county clerk or recorder, and the lender typically sends them to the recording office after the property closing.
Summary. Placing a mortgaged property in a trust is possible and common, although key considerations must be taken into account. Some considerations to keep in mind are mortgage payments, refinancing, and the due-on-sale clause.