Friday, October 20, 2006

Trusts and Loans

I have a client who had a family member recently pass away and left her the home.
Actually, the correct term would be that they intended to leave her the home.

It was placed in a trust and in the end she will own the home.
There is no mortgage, no liens, so the home will be hers free and clear.

She came to me because she would like to draw money and perhaps fix up the house.

Here's the problem...
Legally, she does not yet own the home.

Often times I run into a refinance where the home has been placed in a trust.
Since we cannot lend money to a trust, and we must lend money to an individual, the home comes out of the trust, we refinance, then it goes back into the trust.
This happens every day. Nothing strange or abnormal about that.

In this client's case, the legal owner of the house right now is the trust.
To take it out of the trust, the legal owner of the trust would have to sign.
Unfortunately, she's in a little area of limbo right now and has to wait for the trust (and following that the home) are legally assigned to her. Right now it's all owned by "the estate". And no lender can loan money to an "estate".

Remember, I'm not a legal expert, not a tax expert, and not a financial advisor.
I'm just an honest loan guy, plain and simple.

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