# @edwardcollins_upleveled on Instagram

- **Type:** Video
- **Original URL:** https://www.instagram.com/p/DNn3W5Av7Tj
- **Gondola URL:** https://gondola.cc/posts/35104057-edwardcollins-upleveled-instagram
- **Thumbnail:** https://img.gondola.cc/tr:w-,h-,fo-auto/postThumbnails/3bb2da52cf.jpg
- **Posted:** 2025-08-21T15:58:34.000+00:00
- **Account Owner:** Edward Collins | Money Lawyer & Wealth Strategist (@edwardcollins_upleveled) — https://gondola.cc/edwardcollins_upleveled

## Caption

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 transfer is simple ... just a clean deed transaction.

No lender involvement. No due-on-sale issue.

But don’t skip this part:

🚫 If you get the purpose or structure wrong, you could trigger loan acceleration, or worse — jeopardize your estate plan.

That’s why clarity on your objective matters.

Are you doing this for:

✅ Asset protection?

✅ Estate planning?

✅ Legacy transfer?

📌 The rules exist — but you have to play the game the right way if you hope to win.

📩 Drop “G.O.B.” and I’ll send you a free training on the real rules of the game.

Credit (IG):

Shawn Breyer - [the.hive.law]

 SF0727

## Stats

- **Views:** 19,465
- **Likes:** 939
- **Shares:** 0
- **Comments:** 679

## Credits

| Name | Username | Profile | Role |
| --- | --- | --- | --- |
| Edward Collins | Money Lawyer & Wealth Strategist | @edwardcollins_upleveled | https://gondola.cc/edwardcollins_upleveled | Talent |
| Hector Garcia | @Hector_FilmSchool | https://gondola.cc/Hector_FilmSchool | Content Producer |

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