Irrevocable Trust Loan Lenders – Can an Irrevocable Trust Get a Mortgage or Loan?

Irrevocable trust loans to beneficiaries and trustees provide short-term financing against trust-owned real estate. The irrevocable trust loan is essentially a home equity loan against the inherited real estate. Irrevocable trust lenders provide loans to trustees and beneficiaries for the following three reasons.

3 Reasons Beneficiaries Borrow Against an Irrevocable Trust

1. Borrowing cash to pay for the trust’s expenses
2. Buying out other beneficiaries to keep the property (trust equalization loan)
   
3. Avoiding a property tax reassessment with Prop 19 or 58

1. Borrowing cash to pay for the trust’s expenses

A living or family trust becomes an irrevocable trust when the original trustees have passed. Once the original trustees have passed, beneficiaries and successor trustees need to ensure the financial expenses of the trust are being paid. Various expenses must be paid such as property taxes, mortgage payments, property maintenance and repairs and legal fees. Borrowing against the trust’s assets to cover expenses is a faster and easier option than selling trust assets. Mortgage loans to irrevocable trusts can be funded in as few as 5-7 days.

A successor trustee can encumber real estate assets owned by the irrevocable trust in order to raise the needed funds (if allowed by the trust documents). Irrevocable trust lenders need to review the trust documents as well as any amendments made to the trust.

2. Buying out other beneficiaries (siblings) to keep the property

Siblings and beneficiaries of an irrevocable trust often face the challenge of dividing trust-owned real estate assets. One sibling may want to sell the property and receive cash while another sibling may want to keep the property. If the trust doesn’t have enough assets to evenly split things between the siblings an irrevocable trust loan can help.

If the trust-owned real estate has sufficient equity, the sibling who wants to keep the property can use an irrevocable trust loan to borrow against the property. The loan proceeds from the irrevocable trust loan can then be used to buy out the other sibling(s). Irrevocable trust mortgage financing will be required to assist with the distribution of the real estate asset.

Conventional lenders such as banks and credit unions cannot typically provide an irrevocable trust mortgage as the sibling’s name is not yet on the title of the property.

An irrevocable trust loan lender is able to provide the loan directly to the trust with the loan proceeds going directly to the trust’s bank account. A deed of trust with a note is recorded against the real estate just like a traditional mortgage. The funds then be distributed to the siblings who are being paid in exchange for their interest in the real estate. Once the siblings have been paid, the title of the property can be transferred from the name of the trust to the name of the sibling who is keeping the property.

When the property title is transferred into the name of the sibling, they can then refinance the irrevocable trust loan into a long-term loan from a conventional lender.

3. Avoiding a property tax reassessment with Prop 19 or Prop 58

Another reason beneficiaries obtain an irrevocable trust loan is so they can file for Proposition 19 or 58 (California) and avoid a property tax reassessment. Real estate owned by trusts have often been in the family for decades. Properties in California that have been owned for a long period of time typically have a very low tax assessment relative to their current value due to Proposition 13. Prop 13 limits the annual increase on the existing property tax assessment value.

Prop 19 allows beneficiaries to prevent a property tax reassessment for transfers of real estate from the trust into the name of the beneficiary. Preventing a property tax reassessment can save thousands of dollars each year in property taxes.

To qualify for Prop 19 and obtain a reassessment exclusion from the county, the transfer of real estate must be directly from parent (trust) to child (beneficiary).

A beneficiary may have cash in their personal bank account they could use to pay off their siblings in exchange for sibling’s interest in the real estate. This transaction would not qualify for Prop 19 as it would be seen as a sibling to sibling to transfer since cash is being paid by one sibling to another. Sibling to sibling transfers do not qualify for Prop 19. A “3^rd party loan” would be required to allow the trust to borrow against its own assets and obtain the necessary liquidity and equalize the distribution of the assets. Now that Proposition 19 has passed in California, beneficiaries will need to obtain a Prop 19 loan and comply with the new requirements to avoid a property tax reassessment.

As discussed previously, irrevocable trust loan proceeds go directly to the trust. The trust then distributes the funds to the beneficiary who is being paid off. Once the bought-out beneficiaries no longer have an interest in the property, title can be transferred from the trust to the beneficiary who will keep the property. This will qualify as a parent to child transfer. Now that the title has been transferred into the name of the beneficiary, the beneficiary can pay off the irrevocable trust loan with cash or refinance with a bank loan.

READ MORE: Understanding Irrevocable Trust Loans

*Consult an attorney or a tax professional to ensure the transfer is handled correctly in order to take advantage of Prop 58 or Prop 19.

Can a Trustee Take Out a Home Equity Loan on a Property That is in a Trust?

Yes, a trustee can take out a home equity loan on a property that is in a trust (including irrevocable trusts). The trust-owned real estate must have sufficient equity to borrow against and the trust documents must not prohibit the successor trustee(s) from borrowing against the real estate. The successor trustee must apply for and sign the loan disclosures and documents on behalf of the irrevocable trust.

A home equity loan requires the borrower (trust) to accept the full amount of the loan upfront. A line of credit against the real estate, commonly known as a home equity line of credit (HELOC), is typically not available from irrevocable trust loan lenders.

Using a Trust as Collateral for a Loan

Using a trust as collateral for a loan allows the trustee to quickly borrow against trust-owned real estate to provide the irrevocable trust with short-term liquidity. The real estate being used as collateral for the loan must have sufficient equity relative to the requested loan amount. Using a trust as collateral for a loan can be an excellent short-term option when needed to help equalize a trust distribution between beneficiaries or borrowing to fix up and sell a trust-owned property.

The risks of using a trust as collateral for a loan should be minimal as the trustee will need to have a reasonable plan and exit strategy in order to repay the short-term irrevocable trust loan. Common exit strategies include selling the property, paying the loan off with cash or refinancing the trust loan into a long-term traditional loan once the property is transferred out of the irrevocable trust and into an individual’s name.

Irrevocable Trust Loan Lenders

Irrevocable trust loan lenders provide short-term financing directly to an irrevocable trust. An irrevocable trust loan lender is usually a private money lender, which means the source of funds for the irrevocable trust mortgage is private investors as opposed to large banking institutions. Irrevocable trust mortgage financing is typically available for up to 3 years while most loans are written for 12 months and paid off much earlier.

An irrevocable trust lender is not able to provide a long-term 30-year irrevocable trust mortgage. If the property needs to stay within the irrevocable trust it will be difficult or impossible to obtain irrevocable trust mortgage refinancing. If the property is going to be transferred out of the trust and into an individual’s name, an irrevocable trust loan lender will be able to help. Once the property transfers out of the trust, the individual can refinance the irrevocable trust mortgage with a long-term conventional loan.

Irrevocable Trust Mortgage Refinancing

Irrevocable trust mortgage refinancing from specialized irrevocable trust lenders provides the successor trustee and beneficiaries with fast and easy financing to help distribute assets of the trust and equalize the distribution. Irrevocable trust mortgages can be funded within 5-7 days as long as there are not any issues with title or other delays that must be resolved prior to funding the loan. Traditional mortgages as well as reverse mortgages against the trust-owned property can be refinanced by the irrevocable trust mortgage.

The irrevocable trust mortgage is only intended to be a short-term loan to assist with the trust distribution. Once the property title has transferred out of the trust and into the name of the beneficiary that will keep the property, the beneficiary will be able to contact a conventional lender and start the process to refinance the irrevocable trust mortgage into a long-term traditional loan.

Related: Can a Beneficiary Borrow Money from a Trust?

Why Might a Bank not Lend Money to an Irrevocable Trust?

Banks typically do not lend money to an irrevocable trust for various reasons. In many irrevocable trust loan request situations, the original trustor of the trust has passed and a new successor trustee would be applying as the borrower on behalf of the trust. This is an outside the box scenario for a conventional lender in which they would likely require that the real estate is transferred out of the irrevocable trust prior to providing trust financing.

A bank or conventional lender that lends to irrevocable trust may not be able to sell this loan on the secondary mortgage market which would prevent them being able to provide the loan to begin with.

Some attorneys advise clients to put real estate assets directly into an irrevocable trust as opposed to taking title in a living, revocable or inter vivos trust. Placing the real estate into an irrevocable trust is supposed to offer additional asset protection to the owner of the property but unfortunately this drastically reduces the types of financing available for the real estate.

Refinance Reverse Mortgage in Irrevocable Trust

Beneficiaries of an irrevocable trust may find themselves in a situation where an inherited property has a reverse mortgage. Reverse mortgage companies have a bad reputation for being aggressive and threatening foreclosure once the original trustee has passed. If the beneficiary wants to keep the property they will not be able refinance the reverse mortgage with a conventional lender because the property is in an irrevocable trust.

Unless the beneficiary has cash, they will need to refinance the reverse mortgage with an irrevocable trust loan lender. Refinancing the reverse mortgage will stop the harassment from the reverse mortgage company. This will give the beneficiary time to transfer the property into their name and then obtain a long-term conventional loan.

Probate & Estate Loans

Irrevocable trust loan lenders generally provide other types of inheritance loans such as probate and estate loans. Probate and estate loans are also secured against inherited real estate assets. The process is similar to trust loans. The estate loan is made to the estate directly and real estate is used to secure the loan. Estate loans are commonly used for the same reasons as trust loans. An estate loan to buy out siblings is one of the most popular reasons an estate loan is requested.

The information provided herein is for educational purposes only. North Coast Financial is not providing any legal, tax or financial advice.