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#2054555 - 12/16/15 09:18 PM Texas 50(a)(6) Revocable Trust
OldSchoolBanker Offline
Platinum Poster
Joined: May 2005
Posts: 660
FL
Property is currently titled to a grantor/revocable trust. Our borrower is the grantor and we require the trust to sign the Note and the Security Instrument.

Our title vendor is advising we cannot do a Texas 50(a)(6) when the property is titled in the name of a revocable trust. Any Texas gurus have experience with this requirement?

Thanks
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Old School Banker

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#2054740 - 12/17/15 05:55 PM Re: Texas 50(a)(6) Revocable Trust OldSchoolBanker
golden oldie Offline
Member
Joined: Jul 2011
Posts: 72
Texas law allows certain kinds of revocable trusts to have Texas homesteads:


Sec. 41.0021. HOMESTEAD IN QUALIFYING TRUST. (a) In this section, "qualifying trust" means an express trust:
(1) in which the instrument or court order creating the express trust provides that a settlor or beneficiary of the trust has the right to:
(A) revoke the trust without the consent of another person;
(B) exercise an inter vivos general power of appointment over the property that qualifies for the homestead exemption; or
(C) use and occupy the residential property as the settlor's or beneficiary's principal residence at no cost to the settlor or beneficiary, other than payment of taxes and other costs and expenses specified in the instrument or court order:
(i) for the life of the settlor or beneficiary;
(ii) for the shorter of the life of the settlor or beneficiary or a term of years specified in the instrument or court order; or
(iii) until the date the trust is revoked or terminated by an instrument or court order recorded in the real property records of the county in which the property is located and that describes the property with sufficient certainty to identify the property; and
(2) the trustee of which acquires the property in an instrument of title or under a court order that:
(A) describes the property with sufficient certainty to identify the property and the interest acquired; and
(B) is recorded in the real property records of the county in which the property is located.
(b) Property that a settlor or beneficiary occupies and uses in a manner described by this subchapter and in which the settlor or beneficiary owns a beneficial interest through a qualifying trust is considered the homestead of the settlor or beneficiary under Section 50, Article XVI, Texas Constitution, and Section 41.001.
(c) A married person who transfers property to the trustee of a qualifying trust must comply with the requirements relating to the joinder of the person's spouse as provided by Chapter 5, Family Code.
(d) A trustee may sell, convey, or encumber property transferred as described by Subsection (c) without the joinder of either spouse unless expressly prohibited by the instrument or court order creating the trust.
(e) This section does not affect the rights of a surviving spouse or surviving children under Section 52, Article XVI, Texas Constitution, or Part 3, Chapter VIII, Texas Probate Code.

Added by Acts 2009, 81st Leg., R.S., Ch. 984, Sec. 1, eff. September 1, 2009.


The Trustee for the trust signs the mortgage. The individual and the Trustee sign the note.

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#2054742 - 12/17/15 05:58 PM Re: Texas 50(a)(6) Revocable Trust OldSchoolBanker
The OG Zaibatsu Offline
Diamond Poster
The OG Zaibatsu
Joined: Dec 2007
Posts: 1,696
Texas
But talk to your title company before you get too far down the road.
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Only two things that money can't buy, that's true love & homegrown tomatoes

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