Lending on property held in trust

4 Replies

I recently placed my personal home into a Trust. Later I attempted to utilize some equity within my home but have been running into problems.

For the sake of anonymity, my asset protection attorney uses his name as trustee when the deed is filed. On the trust contract itself, it states "once filed, the trustee is not longer Attorney John Doe, and 100 percent ownership/trustee becomes John Myself"

The problem lies with the bank, as they require my personal name on the publicly recorded deed. Has anyone had this issue? How do I stay with my anonymous to public, yet not to the bank?

I presented the bank with the notarized trust docs. They responded with " the bank cannot determine the meaning of the trust" as they just want to see the public deed in my name, non subjective.

Originally posted by @Justin R. :

I presented the bank with the notarized trust docs. They responded with " the bank cannot determine the meaning of the trust" as they just want to see the public deed in my name, non subjective.

We run trust paperwork past a staff lawyer for approval, and not a mortgage underwriter, for this reason. You're never going to get anywhere trying to make a legal argument to a mortgage underwriter, since they typically have zero legal training and will just give something the thumbs down if in doubt. Our underwriters just condition for "legal counsel to review and approve ABC Trust" right alongside the stuff like "updated bank statements" and "verification of employment."

In that case you might need to find a different lender or send them the trust for review, if your trust attorney is good they should be able to provide support services for free and give the bank a call to explain the situation.