Questions Regarding Revocable Trust

What is the name of your state (only U.S. law)? New Mexico. Estate is in California

I am looking for an Attorney (in Santa Barbara County), but I'm researching as much as I can about California Trust and Real Estate law and I would like to get as many opinions as possible.
My Mother passed away in 2001 and my Father passed away in April 2008. He had a new trust dafted in February 2008. He assigned my Sisiter-in-Law as trustee (I know any one can be a trustee, but I would prefer someone with less potential for bias). The first trust was drafted in 2004.
My Brother calls me and states he needs a copy of the 2004 trust. My dad had an equity loan on the house (about $52K). The lender told my brother they are going to foreclose on my Dad's home because the new trust does not specify the house (it is poorly written). My father was not in default and the trustee has maintained all the required payments. Has anyone ever seen a simailar situation? My Brother is in a panic to re-fi the loan and led me to believe he and his Wife (trustee) will have thier names on the new loan-no mention of mine. Shouldn't the Trust be on the loan or as an LLC? I'm inclined to sell my 50% intrest and cut my losses (my Brother wants to rent). I'm not sure how to move forward?

i am pretty knowledgeable about trusts, and am in california. but i am a bit confused as to what you are actually asking about.

1) it sounds like there was no trust in effect when your mom died in 2001 ? so that all assets were then owned by your dad ? in 2004 he made up a trust, and then in 2008 another one, 2 months before he died.

is this correct, so far ?

the part about the lender seems way wild, to me. lenders only care about getting their monthly payments. i know of no legal reason that a lender can foreclose on a property when its payments are not behind.

the brother and wife on the loan with no mention of you ? it is my opinion that your brother is trying to pull a fast one on you, and there never was any mention from the current mortgage holder about them foreclosing.

i would certainly talk to the an agent of the lender (a bank ?) and see if this situation is really true.

with regards to the house, find out who owns it. inspect the public records to see who is the current owner. when i title a property in trust it reads something like "john smith, trustee of the abc trust, notarized on february 4, 2005.

hopefully the titling on the house today mentions the date, so there is no confusion.

because it is very common for people to use the same trust names when they re-draft.

so your dad's 2004 trust might have been the abc trust, and your dad's 2008 trust might also have been the abc trust. which is why the date of the trust is imperative. if the date is on the titling of the house, then there is only 1 document that controls that house.

if the date is not on the titling of the house, and there are 2 trusts of the same name, then there could be some confusion as to which trust actually owns the house.

trusts do not usually "specify" any assets. it is prudent to mention the assets on a separate piece of paper, so that successor trustees have some sort of basis on what the trust actually owns.

but a trust doesnt own any titled asset, until and unless the titled asset is property titled to the trust. you cant just simply write a trust, and place language in the trust about what it owns. you actually must go through a process by which title is transferred from one entity (the grantor) to the trust (the grantee).

not knowing anything about the people involved, the only information that sounds fishy is what is coming from your brother.