Legal Question in Wills and Trusts in Florida
Living trust
Can a home that is mortgaged be put into a trust?
Asked on 5/20/08, 2:31 pm
1 Answer from Attorneys
Frank J. Pyle
Probate Attorney Throughout Florida
Re: Living trust
Yes, if it is your home. Under Federal law the mortgage company cannot forbid it. If you ever want to refinance the home, the lender may require that you take it out of the trust until the refinancing is completed. Then you may deed it back into the trust.
Answered on 5/21/08, 10:58 am