Search: Login

Free Montana Trust Letter to Mortgage Lender

This letter is given to a financial institution to notify and/or to obtain its consent, regarding the transfer of real estate to a revocable living trust, in those cases where the real estate is subject to a mortgage or deed of trust.

Create your FREE Montana Trust Letter to Mortgage Lender in minutes with our easy online interview. Save, share or print your legal document immediately – no waiting! Plus, enjoy the benefits of an Easy Legal Care™ membership for a week.

Start your FREE legal document now

  Start your legal document now.

Learn more

 
Already a member? Log in here

Document Help

Trust Letter to Mortgage Lender

 

Real estate is transferred into the name of a revocable living trust through the use of a deed. The specific form, content, accompanying documents and recording requirements for deeds vary by state. Consult an attorney for assistance.

Where there is a loan against the property, particular attention must be paid to any loan restrictions regarding a transfer of the property. Most loans contain a "due-on-sale" clause, which allows the financial institution to "accelerate" the loan (i.e., require immediate payment of the entire remaining balance) if the property is transferred. The acceleration clause in the loan is designed to help protect the financial institution when the property is transferred (usually by sale) to a third party whose creditworthiness has not been approved by the financial institution.

Where the personal residence of a borrower is transferred to the borrower's own revocable Living Trust, however, there is no meaningful change in the ownership or use of the property. For this reason, federal law prevents lenders from invoking the "due-on-sale" clause in those instances, provided that the owner continues to occupy the home as the beneficiary of the Trust. Still, it is good practice to inform the lender of, and obtain the lender's consent to, the transfer.

On the other hand, there is no such law prohibiting the lender from accelerating the loan where the property being transferred is investment property. In these instances, it is critically important that the Grantor of the Trust (the owner of the property) obtain the advance written consent of the lender, confirming that the "due-on-sale" clause will not be invoked.

More Information

Reviewed by Lawyers

Lawyers like these are standing by to review your legal document anytime.

 

Use this document if…

Reasons to create a
Montana Trust Letter to Mortgage Lender

 
- You need to notify a financial institution of the transfer of your home to your revocable living trust.
- You need to notify a financial institution of the transfer of your investment real estate to your revocable living trust and to obtain its permission.
 Live chat by LivePerson
Click to verify BBB accreditation and to see a BBB report.

ABOUT SSL CERTIFICATES
 
Terms & Conditions   Privacy   Copyright © 2009 LexisNexis, a division of Reed Elsevier Inc. All rights reserved.

Copyright 2010 Rocket Lawyer Incorporated | Privacy Policy / Statement
RocketLawyer.com™ provides information and software only. This site is not a "lawyer referral service" and does not
provide or participate in any legal representation. Use of RocketLawyer.com is subject to our Terms and Conditions.