Assuming a mortgage

[mae0111]

I don’t know much about this, but was the house in trust? You can have other assets in trust and not the house. So I think the bank might be looking for the document that actually placed the house in the trust, if that exists. If it does exist, it would be filed with your county, like a deed would be recorded after a home purchase/sale transaction.

Hope that helps!

[tacokick]

I agree about calling the county/city that holds the deeds/documents that involve property ownership. If there is one, and there should be if this went through correctly, they should have a copy.

You might even be able to access it online.

[ellipses84]

I think you need to find a new lawyer who does trusts and have them help you. They will know what’s normal vs not. If the retired lawyer didn’t do something the bank needs, the new one may be able to do it now.

[mainelyfoolish]

Since your DH is the successor trustee, the bank may be looking for a certificate of trust stating that the trust is still in effect and that he is now the trustee. If you’re working with an attorney on settling MILs estate, they should be able to help you with this.

A deed of trust, if that’s what they meant, would be the document that shows the loan is secured by the property. It would be recorded in the registry of deeds. Most likely you can get a copy online. I would start by searching “[County Name] registry of deeds”.

[tacokick]

May 20, 2024 22:11:47 GMT -5 quesyrah said:

May 20, 2024 21:56:30 GMT -5 tacokick said:

I agree about calling the county/city that holds the deeds/documents that involve property ownership. If there is one, and there should be if this went through correctly, they should have a copy.

You might even be able to access it online.

Thanks. I’m less concerned about getting the deed than I am this certificate of trust.

Everything I’ve read suggests it would
have been done with the original trust but it also sounds like not everyone does one. It also appears to just be an abbreviate version of what the trust says. So since we already sent the whole trust I’m not sure why they need this.

It would help if we could get a direct phone to whoever is handling our case!! No one seems to know what we’re talking about and they just transfer us around. They just keep sending letters telling us what to submit.

When we looked into this after my mom died I was told the certificate of trust/trust documents would/should have to be filed with the county. I’m sure it’s regional but what we ultimately did instead also had to be filed with the county. So there might be copies in some (probably the deed/property) office there. If there is one.

Phone tag is the worst! I think these offices are all seriously understaffed. Do they have any public hours where you could just show up?


ETA: I do find it weird they won’t just accept the trust document itself, normally the certificate is what you show like a bank as proof of the trust vs showing them the complete details of the trust. It’s not the main event so to speak.

[mainelyfoolish]

May 21, 2024 10:23:12 GMT -5 quesyrah said:

May 21, 2024 5:33:10 GMT -5 mainelyfoolish said:

Since your DH is the successor trustee, the bank may be looking for a certificate of trust stating that the trust is still in effect and that he is now the trustee. If you’re working with an attorney on settling MILs estate, they should be able to help you with this.

A deed of trust, if that’s what they meant, would be the document that shows the loan is secured by the property. It would be recorded in the registry of deeds. Most likely you can get a copy online. I would start by searching “[County Name] registry of deeds”.

Yes the certificate of trust is what they’re asking for but we don’t have one. The attorney who did her trust is no longer in business and we have no contact for him.

Can a new one be made with her being deceased?

I think they want a new certificate of trust showing your DH is now the trustee.

[quesyrah]

Thanks for all the responses! We were finally able to get someone on the phone who confirmed that the document we sent was sufficient.

They are moving forward with processing things 😅

[tacokick]

Great update!