Jerry Taylor explains how the Garn-St. Germain Act lets you move a mortgaged home into a revocable trust without triggering the loan's due-on-sale clause. The mortgage stays active while you avoid probate.
Yes, even if your home has a mortgage, you can put it into a trust. There is federal law that says a bank cannot enforce their due-on-sale clause just because you put your home into a trust. That means they can't require you to pay off a loan. If you'd like to check the law yourself, it's the Garn, G-A-R-N, St. Germain Act. So if you want to put your house into a revocable trust so that it'll pass outside probate, you can, even if you're still paying on the home.
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