Q: If I have a mortgage on my property in Georgia, can I put the property in my trust's name?
A: A transfer to a trust for estate planning purposes does not violate the due-on-sale clause. It is considered an exempt transfer.
Yes, you can transfer your property to your trust. All that is required to effect the transfer is a deed.
The real question is what are the consequences if/when your lender finds out. The answer to that question depends on whether the property is residential or non-residential and whether you continue to have the right to live there or you do not continue to live there, or maybe you never lived there. It is also useful to know whether the trust is revocable or irrevocable and whether the lender is a federally-related lender.
If it is your home and you have the right to continue to live there after the transfer to a revocable living trust and if the lender is federally regulated or insured, then it is a pretty good bet that your lender will have no right to complain or call the loan due. But a definitive answer to your question cannot be given without reviewing all of the facts.
Jennifer Pierce agrees with this answer
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