Want to Transfer Property Into a Trust — But There’s a Mortgage? 🏠 Here’s what you need to know. If your property has debt on it ... 💥 You can’t just transfer it into any structure without consequences. Why? Because of something called the Due-on-Sale Clause. Most mortgages include this clause: ⚠️ It gives the lender the right to call the loan due in full if the property is transferred to a 3rd Party without their consent. But here’s the good news. 👇 There’s a legal workaround built into federal law. ✅ It’s called the Garn-St. Germain Act. This law protects you when: 🔹 You transfer property into a revocable trust. 🔹 You’re still the beneficial owner. 🔹 You still live in the property (for personal residence transfers). And it doesn’t stop there. Even certain irrevocable trusts (like a QPRT, "Qualified Personal Residence Trust") can qualify if they’re structured properly and you still meet the beneficial ownership test. Now, if your property has no debt? 📝 The tr...