Legal Question in Real Estate Law in Massachusetts

If a house is held in a revocable trust, can the trustee get a home equity loan for improvements?


Asked on 12/10/10, 6:51 pm

1 Answer from Attorneys

There is a difference between a Nominee Trust and a normal revocable trust. If the Trustee is also the Settlor, the Trustee can get a loan but will have to guarantee the loan.

If the Trustee is someone other than the Settlor, then the Trustee would have to be authorized to mortgage property for improvements. Likewise, there could be complications as to the bank giving a loan depending on who is going to be personally liable for the note.

I suggest you contact the attorney who prepared the Trust to determine what can or cannot be done.

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Answered on 12/15/10, 7:12 pm


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