When managing or planning your estate, you might consider transferring your property into a trust. It’s a strategic move to ensure your assets are handled according to your wishes without the complexities of probate. However, if you have a mortgage on your property, the idea of transferring it to a trust can raise concerns about the due-on-sale clause. This clause allows lenders to demand full repayment of the loan if the property is sold or transferred. Fortunately, for California homeowners, there’s a protective measure in federal law that offers peace of mind: the Garn-St. Germain Act.
Under 12 U.S. Code § 1701j–3, the Garn-St. Germain Act outlines specific transactions that do not trigger the due-on-sale clause. A standout exemption is particularly relevant for homeowners looking to secure their estate planning…
Posted In:











