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#2209237 - 03/21/19 10:18 PM Irrevocable trust
ADN Offline
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Joined: Mar 2007
Posts: 222
We have a home loan application in process and found out the collateral is in an irrevocable trust. We cannot make a loan due to this reason. Any ideas for a denial reason?

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Lending Compliance
#2209239 - 03/21/19 10:27 PM Re: Irrevocable trust ADN
rlcarey Online
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rlcarey
Joined: Jul 2001
Posts: 83,358
Galveston, TX
Why can you not make such a loan? People make them all the time. Does the trust not allow it?
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#2209277 - 03/22/19 02:38 PM Re: Irrevocable trust ADN
Truffle Royale Offline

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FNMA won't take IRREVOCABLE trusts, Randy. While FNMA doesn't address why specifically, I think it's because the property can't be taken out of the trust so how would you foreclose on it.

Denial code: other - irrevocable trust.

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#2209280 - 03/22/19 02:50 PM Re: Irrevocable trust ADN
rlcarey Online
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rlcarey
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Galveston, TX
TR - Well, the OP said " We cannot make a loan due to this reason". There was no mention of secondary market considerations. I am well aware of those limitations. I was trying to figure out the real reason.
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#2209287 - 03/22/19 03:33 PM Re: Irrevocable trust ADN
Truffle Royale Offline

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Guess that never occurred to me because I've never worked anywhere that did loans to irrevocable trusts.

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#2209298 - 03/22/19 04:59 PM Re: Irrevocable trust ADN
David Dickinson Offline
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David Dickinson
Joined: Nov 2000
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Central City, NE
Technically, my home is owned by my trust. When I last refinanced it, we took the home out of the trust, refinanced the loan and then put it back in the trust. Isn't that an option?
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David Dickinson
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#2209300 - 03/22/19 05:18 PM Re: Irrevocable trust ADN
rlcarey Online
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rlcarey
Joined: Jul 2001
Posts: 83,358
Galveston, TX
Sort of defeats the purpose of establishing a trust.
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The opinions expressed here should not be construed to be those of my employer: PPDocs.com

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#2209309 - 03/22/19 06:09 PM Re: Irrevocable trust ADN
David Dickinson Offline
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David Dickinson
Joined: Nov 2000
Posts: 18,762
Central City, NE
Yes it does and it's a pain to pull the house in and out of the trust, but my institution couldn't/wouldn't refinance the loan with it being owned by the trust either.
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David Dickinson
http://www.bankerscompliance.com

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#2209330 - 03/22/19 09:09 PM Re: Irrevocable trust ADN
ADN Offline
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Joined: Mar 2007
Posts: 222
Thank you for your responses! They are all good points for consideration. The grantor is deceased so no changes can be made to the trust.

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