Trust property located in Wisconsin

Posted By: Cornfed Turtle

Trust property located in Wisconsin - 02/08/11 05:51 PM

Doing a loan to a non-WI revocable trust. A Married person is the trustee. The trust is pledging an asset of the trust, real estate in Wisconsin (insert bells and whistles!), to secure the loan.

HELP! Note in name of trust with Mr Trustee signing as trustee. Mtg is in the name of the trust, again with Mr Trustee signing on behalf of the entity. What about the spouse of the trustee? Do we bring Mrs.Trustee onto the mtg?

Does the CP status of WI come into play since neither the trust nor the trustee are located there?
Posted By: Truffle Royale

Re: Trust property located in Wisconsin - 02/09/11 07:08 PM

First, is this homestead property? Doesn't sound like it because you said neither the trust or trustee are there (in WI). If it is, then I believe MRS. Trustee has to sign off on the mortgage.

Second, as I just outlined in a thread in the HMDA forum, I don't think the Trust is the borrower. The trust has no income or credit rating so you're basing your credit decision on Mr. Trustee's income, correct? Then he's the borrower and should sign the docs both as an individual and as the trustee. At least that's how we do it here based on the advice of counsel.
Posted By: BowlingQueen

Re: Trust property located in Wisconsin - 02/09/11 07:26 PM

Originally Posted By: Truffle Royale
First, is this homestead property? Doesn't sound like it because you said neither the trust or trustee are there (in WI). If it is, then I believe MRS. Trustee has to sign off on the mortgage.

Second, as I just outlined in a thread in the HMDA forum, I don't think the Trust is the borrower. The trust has no income or credit rating so you're basing your credit decision on Mr. Trustee's income, correct? Then he's the borrower and should sign the docs both as an individual and as the trustee. At least that's how we do it here based on the advice of counsel.



I agree.....that is how we do it as well.
Posted By: Cornfed Turtle

Re: Trust property located in Wisconsin - 02/10/11 03:12 PM

Thanks for the help to both of you. And congrats on your Super Bowl victory!