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Updated almost 10 years ago on . Most recent reply

User Stats

110
Posts
34
Votes
Nixon Vayupak
  • Diamond Bar, CA
34
Votes |
110
Posts

Lender Approval required regarding Revocable Trust in CA?

Nixon Vayupak
  • Diamond Bar, CA
Posted

Need some clarification in regards to Revocable Trust in California.  I am currently in a process working with a seller on a "subject to" deal.  Seller agreed that will allow me to take over their mortgage payments and let the note stay in play until I decide to sell.  I informed the seller that we will be creating a revocable trust in order to create a cloud to avoid the "due on sales clause". Which they agreed.  Unfortunately, not knowing one of the relatives took it upon themselves and inform the lender that they will be transferring their title into a trust. From what I was told, they are required to submit the following paper work to the lender. 1. Chase Certification of Trust (forms verifies the type of the property is being transferred into, as well as the identity of the borrowers) 2. Proposed/Unrecorded deed (Property into a trust that has been signed and notarized, but not yet recorded with the clerk) Lender will then review the documents and confirm if this is approved or not.  If approved the lender will send a written permission to have the new deed recorded to complete the transfer of the property. So, straight to the point do we really need to get an approval or is this just a bunch non-sense, which the lender is making us jump through?

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