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#602273 - 08/21/06 04:17 PM Residential Mortgage Property in a Trust
bugleboy Offline
100 Club
Joined: Jan 2005
Posts: 136
Ohio
Here's the situation: a consumer purpose residential mortage loan is made (in Ohio) to an individual and the title to the property is in the name of a trust. The borrower and the trustee sign the mortgage and a copy of the trust documents are on file with the bank. The mortgage is subsequently recorded. Is it necessary to record the trust documents as well?
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#602274 - 08/29/06 06:54 PM Re: Residential Mortgage Property in a Trust
rowdy Offline
Junior Member
Joined: May 2004
Posts: 28
Home of the Buckeyes!
Bugleboy;
It depends on whether the trust is disclosed or blind. Blind means the property is titled: "John Q Doe, Trustee" Disclosed goes further: "John Q Doe, Trustee of the Jane Q Doe Trust Dated Sept. 2, 2003" Our attorneys have advised that a blind trust needs no documentation filed whereas a disclosed trust should at least file a memorandum of trust stating the name of the trust, the name of the trustee, the successor trustee(s) and the trustee's authority to sign notes, mortgages, ect. on behalf of the trust.
Check with your legal council to be sure.
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#602275 - 09/08/06 07:03 PM Re: Residential Mortgage Property in a Trust
Title topics Offline
Junior Member
Joined: Aug 2006
Posts: 48
east coast
If the property is in the name of a trust as you indicated then you must file the trust for record to identify the authority of the mortgage. My qustion is how did you do a mortgage to an individual who did not own the real-estate ?
If the individual is also the trusty to make the loan to the individual quit claim out of the trust, mortgage directly then if the customer wishes they can place it back in the trust.
Keep in mind a trust is an intity that without clearly indicating that the trusty has the authority to incumber the real-estate then the trusty can not.

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