I want to transfer title to my home to a family trust. We have a mortgage. How do I do that? I also have a second home with no mortgage in my son and husband's names that we want to transfer to the same trust. How do we do that? Do we need an attorney or can we do it ourselves?

Pay it off or refinace under the trust

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Originally Posted by familytrust

Do we need an attorney or can we do it ourselves?

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I'd recommend somewhere in the middle... contact a local title company and tell them what you're wanting to do. While it's possible to do it yourself, title companies do this kind of thing day in and day out. They have all the forms and they can even file it for you once it's done.

As far as changing the name on the title of the one that's still financed... if you're planning to leave the current mortgage intact just be aware that any change to the title/deed of the property will probably make you subject to the "due on sale" clause that your mortgage almost certainly contains. On performing notes they almost never enforce it, but in theory it could happen. FYI.