Posted on November 13, 2010.
What do homeowners stop foreclosure with the irrevocable trust funda Is it possible to transfer the property to an irrevocable trust if you are in trouble of foreclosurea I do not own a house, wonder if it's a realistic plan for people who lost their jobs and are losing their homes to closea Thank you.
First, you can not transfer ownership of the house if you have a loan against it to which would allow the bank to demand immediate payment in full. And then you just accelerated the process of eviction. Second, even if the house were held in a trust that would not impact the bank's right to exclude. All that would happen is that any money left after the house is sold and the loan is satisfied would be in the trust.
In theory a state title, No, you do not have the title until you pay the mortgage.
In a state lien theory, Yes you can, but it does nothing. The mortgage (and note) follow the property, regardless of the owner. Transfer of ownership does not eliminate the mortgage on the property. Therefore, mortgage loans can still be entered on the property.