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Chris Morris
  • Los Angeles, CA
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Property title in trust. Getting HELOC requires taking it out?

Chris Morris
  • Los Angeles, CA
Posted

My living trust is on my home's title. In the past, when I have refinanced, the property had to be taken out of the trust and then immediately put back into the trust. If I get a HELOC, will the same thing happen?

context: if the property is taken out of the trust, even if only to be put right back into it, that is considered a change of ownership. My home can only be exempted from the Los Angeles RSO (Rent Stabilization Ordinance) after it has not changed owners for 3 years.

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Chris Mason
  • Lender
  • CA
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Chris Mason
  • Lender
  • CA
ModeratorReplied
Quote from @Chris Morris:

My living trust is on my home's title. In the past, when I have refinanced, the property had to be taken out of the trust and then immediately put back into the trust. If I get a HELOC, will the same thing happen?

context: if the property is taken out of the trust, even if only to be put right back into it, that is considered a change of ownership. My home can only be exempted from the Los Angeles RSO (Rent Stabilization Ordinance) after it has not changed owners for 3 years.


 FYI you can actually do a refinance without taking it out of the revocable living trust. You can (and perhaps should) close in the name of the trust for a vanilla refinance. 

For the HELOC, it's up to the individual bank. Some will allow it to close in a trust, some will not. You have to ask.

  • Chris Mason
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