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trustee able to mortgage trust property?

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nusingelila

Junior Member
re: California law

If I am the intended beneficiary of a trust (real estate), do I need to be concerned about the possibility that (a newly appointed trustee who is also a beneficiary of the same estate but of different property) a trustee can take out a mortgage or some kind of lien against the trust (property)? Can I be liable for such a lien even if I don't know about or approve such a lien? Is there a requirement for the trustee to either disclose or get my permission to create a lien? What happens if the mortgage/lien exceeds the value of the property when I am supposed to receive it? Or if the mortgage simply continues to exist regardless of value - am I required to either pay it or lose part of the property (i.e. am I responsible for the lien in any way if I never approved of it?).
 


tranquility

Senior Member
A trustee has the fiduciary duty to not benefit one beneficiary over the other. While, if the trust needs funds for legitimate trust purposes, a trustee can usually encumber property, the decision cannot be an attempt to favor a specific or class of beneficiaries.

However, banks don't like lending to trust property as a general rule. That's one of the reasons for all the switchy-switchy which goes on when a person's home in a revocable trust is taken out for the loan and then added back to the trust.
 

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