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A mortgage in trust may be something that you have never previously considered, but it may be appropriate. Anyone who owns property can put their mortgage in a revocable living trust so as to not deal with the probate process after death and utilize other estate planning benefits.
To transfer real property into your Trust, a new deed reflecting the name of the Trust must be executed, notarized and recorded with the County Recorder in the County where the property is located. Care must be taken that the exact legal description in the existing deed appears on the new deed.
Can a house with a mortgage be put in an irrevocable trust? Yes. If you're setting up an irrevocable trust, you can certainly transfer your mortgaged house to the trust. You are not required to pay off the mortgage before you transfer the property to the trust.
A deed of trust ? the form used almost exclusively in Virginia and in many other states in place of a true mortgage ? is similar to a mortgage in that both create a lien on the property to secure repayment of a loan. This lien gives the lender the right to sell the real property in the event the loan is not repaid.
Deeds of trust are the most common instrument used in the financing of real estate purchases in Alaska, Arizona, California, Colorado, the District of Columbia, Idaho, Maryland, Mississippi, Missouri, Montana, Nebraska, Nevada, North Carolina, Oregon, Tennessee, Texas, Utah, Virginia, Washington, and West Virginia, ...