We need to prepare a loan to a trust in which our bank (trust department) is the successor trustee. It's for a consumer purpose. The trustee is deceased, his wife was never a trustee she only consented to the trust. I want to confirm that we "send" the required forms (counseling notice, appraisal disclosure and early disclosures) to the representative in our trust department. The wife will have nothing to do with this transaction although she still lives in the home (our collateral). Is this correct? We've never had this situation before.

Some observations based on inferences:

The trust has now become irrevocable, and the bank is the trustee. The trust will now need its own TIN, if it hasn't already obtained one. I believe that under those circumstances, the loan will not be subject to Regulation Z, although the appraisal notice (Regulation B) and counseling notice (RESPA) will continue to apply.

Anyone else have thoughts?

Thank you for your response. I will also keep an eye out for additional responses as I would like to be able to have as much info as possible so I can memorialize what we did this time. Your time is very much appreciated.

We have a borrower that is the Successor Trustee of a family trust. The vesting on the property shows "John Smith, Successor Trustee of the ____". Our software does not have an option for "Successor Trustee" in the signature line, only "Trustee". Does the word "Successor" need to be there? Or are we okay without it as long as the vesting states it? Any thoughts?

More of a legal question, but a trustee is a trustee - check with your title company.

Thank you!!

I'm no legal expert, but how can a Successor Trustee transact business on behalf of the trust? My understanding is that a Successor Trustee cannot do anything until one of the Trustees cannot, or will no longer, serve as trustee. And if that's the case here, wouldn't the Successor Trustee now be a Trustee?

Well it is a question for the title company as to why that shows in the vesting.