Putting deed to a living trust to get around Due on Sale Clause?

[Ernesto Salgado]

So I came across an interesting concept to a subject to deal. A few weeks ago on the podcast someone was talking about getting around the DOS clause when doing a subject to deal. And the method you spoke about was a little questionable because he mentioned companies insuring DOS in that if the bank calls on it, this company will pick up the bill at the same rate and then become the lender for your needs. No one on this forums was able to find a company that does that, the one the guest spoke about was questionable because there was no contact info and the website was under construction. So I started looking and asking around at one or two the investor meet ups I go to. and Someone mentioned that he attended a seminar where an investor mentioned about doing a subject to deal and placing the deed in a trust and having the trust now become the borrower. Does anyone know anything about this method or can help confirm if this method is legit or legal for that matter? Can someone reach out to me and perhaps walk me through how I could accomplish something like this if it were possible. Thanks in advance! :)

[Andrew Kiel]

There is no getting around the DOS clause.

If you're going to do a subject to deal, it's a horrible mistake to use a trust in my opinion.  Far better to "openly and notoriously" record a deed and make sure that you don't go down the path of trying to be sneaky about it, which could be construed as fraud.  If the loan gets called, be prepared to pay it off or refinance.  If this is too scary of a situation, don't do subject to deals.