We Make Loans To Irrevocable Trusts Easy

California Lender for Loans to Irrevocable Trusts - The Cash You Need To Distribute A Trust

Commercial Loan Corporation is a California Lender specializing in Loans to Irrevocable Trusts. We lend the cash you need to distribute a trust and receive your proposition 58 exclusion from property tax reassessment on an inherited home.

Loans to Irrevocable Trusts in California

When it comes time to distribute an irrevocable trust and funds are needed to make an equal distribution, you will find that most lenders are unwilling to lend on real estate that is held in a trust. This becomes extremely problematic if you plan on filing for a California Proposition 58 exclusion from property tax reassessment on real estate being inherited from a parent.

One of the requirements to qualify for an exclusion from property reassessment is for the trust to make an equal distribution of the trust assets to all child beneficiaries. Often times that is not possible to do if one of the trust assets is an expensive piece of California real estate. In the situation where a home is creating an unequal trust distribution, a mortgage or third party loan must be taken out to infuse the trust with enough cash so that the equal distribution can be made. That way one child receives the encumbered property while others receive cash and or other assets, equalizing the distribution of the trust. The state does not allow for the acquiring beneficiary to use their own funds to equalize the distribution. Doing so would create a sibling to sibling buyout and make the beneficiary ineligible for an exclusion from reassessment. That is why a third party loan is required. The problem is that most California lenders will require that the property be removed from the trust in order to lend on the home. Unfortunately, once that is done, you have jeopardized your ability to qualify for the Prop 58 property tax reassessment exclusion since the assets of the trust were distributed unevenly at that point.

The solution is to have a mortgage placed on the home while the property is still held in the irrevocable trust. That is where Commercial Loan Corporation comes in. We are a leading California lender of mortgages for homes held in an irrevocable trust. What makes us unique is that we lend to the trust as opposed to a beneficiary; allowing the beneficiary to qualify for the California Proposition 58 exclusion from property tax reassessment on a home inherited from a parent.

If you, a client, or someone that you know is in need of a loan to a trust, please have them call us at 877-464-1066. We specialize in the process and can answer any questions that they may have. We can also provide them with a free loan benefit proposal. The proposal compares the cost of the trust loan to the benefits received from a Prop 58 parent to child property transfer, ensuring that the trust loan is beneficial.  We can also determine how much additional funds you would receive by maximizing your trust distribution. On average we help clients distribute an additional $42,000 to beneficiaries my maximizing their trust distribution.

Call Us At 877-464-1066

Avoid Property Tax Reassessment On An Inherited Home

Avoid Property Tax Reassessment With California Proposition 58

Avoid Property Tax Reassessment On A Home Your Inherit From Your Parents

How to avoid property tax reassessment on a home you inherit from your mother or father in California

One of the biggest mistakes that most Californians make when inheriting real estate from a parent is not taking advantage of California Prop 58. In fact even some Estate Planners, Attorneys and Fiduciaries do not fully understand the full benefits and how to navigate Proposition 58. California Proposition 58 provides Californians with the ability to avoid property reassessment when inheriting a home from a parent.

Why is Proposition 58 and the ability to avoid property tax reassessment so important?

Avoiding property reassessment means you assume the existing property tax valuation that your parent had. With how rapidly property values have appreciated in California over the last 50 years, avoiding reassessment can mean an enormous tax savings. For instance, lets say that your parents purchased their home in 1980 for $180,000. Because of California Proposition 13, the county can not reassess a home more than 2% per year while held by the same owner. For this example we will estimate the county has the home you are inheriting assessed at $250,000. If the County property tax rate is 1.2%, that means the yearly property taxes on the home are just $3,000.

If you inherit the property from your parents, and you or your legal representation do not submit a request for an exclusion from reassessment and the home is currently valued at $1,250,000, your annual property taxes will jump to $15,000! That is a difference of $13,000 per year in property taxes that you could potentially be avoided. To compound the issue, property assessment values can be reassessed upwards by 2% annually. So the following year if that occurs, your property taxes will increase by another $300 as opposed to just $60 if you had received your exclusion from reassessment. Over 10 years that can really add up.

How can Commercial Loan Corporation help with Proposition 58 and an exclusion from Property Tax Reassessment?

California Proposition 58  has eligibility requirements. A process needs to be done correctly and proper documentation needs to be filed in order to receive and exclusion from property reassessment on a parent to child transfer of real estate. One of the stipulations is that when a parents home is held in a trust, an equal distribution of the trust assets must be made to qualify for Proposition 58. An important side note is that the beneficiary receiving the property can not use their own funds to create an equal distribution. If this is done, the assessors office views it as a property transfer between beneficiaries as opposed to a parent to child transfer, making it ineligible for a Proposition 58 exclusion from reassessment. Instead, the California Board of Equalization requires that a third party loan be used to provide the trust with sufficient cash for an equal distribution to be made. This information can be found on the California Board of Equalizations website at the following link that addresses questions and answers regarding California Proposition 58.

California Board of Equalization Website Information on Prop 58: BOE website document link

“When a trustee or estate administrator has the power to distribute trust assets on a pro rata or non-pro rata basis, the distribution of real property to one child  qualifies for the parent-child exclusion if the value of the property does not exceed that child’s interest in the total trust estate. A trustee who elects to make a non-pro rata distribution may equalize the value of the other beneficiaries’ interests in the trust assets by encumbering the real property with a loan and distributing the loan proceeds to the other beneficiaries. However, a loan cannot be made by any of the beneficiaries of the real property to the trust in order to equalize the trust interests. Such loan would be considered payment for the other beneficiaries’ interests in the real property resulting in a transfer between beneficiaries rather than a transfer from parent to child, which would disqualify the transfer from the parent-child exclusion.”

Commercial Loan Corporation is one of the only lenders in California that provides loans to trusts with out the requirement of a personal guarantee. This unique mortgage product allows an illiquid trust to become liquid and for the inheriting beneficiary to qualify for the benefits of Proposition 58 by meeting the parent to child transfer requirement. Unlike other lenders, we specialize in Proposition 58 loans. Our trust loan enables a beneficiary to encumber the inherited home and infuse the trust with the cash needed so that an equal distribution can be made and they can qualify for the parent-child exclusion and avoid a property tax reassessment with Proposition 58.

Call Us Today For Assistance

If you have any questions on the process of obtaining a loan for a property held in an irrevocable trust, please call us at 877-464-1066. One of our Proposition 58 loan specialists can answer any questions you may have. We can also provide you with a no cost trust loan benefit proposal. The proposal will show you how much you could save by optimizing your trust distribution. On average we save our clients over $6,000 per year in property taxes and $40,000 in additional distributions to beneficiaries. Let us help you avoid property tax reassessment!

Call 877-464-1066 or Click Here to request additional information.

Reverse Mortgage

Reverse Mortgage Loan

Reverse Mortgage

Reverse Mortgage

In addition to providing loans to trusts and estates in California, we also specializes in assisting clients with Reverse Mortgages. Reverse Mortgages are quickly becoming one of our most popular mortgage products. A Reverse Mortgage may be a great option for borrowers age 62 years and older who are looking for a more comfortable retirement. A reverse mortgage, also know as a  HECM or Home Equity Conversion Mortgage allows a borrower to convert the equity they have accumulated in their home into a stable income stream or pool of funds that they can draw from when needed. This can provide security and independence when it is most needed.

As more and more baby boomers enter into retirement, Reverse Mortgages loan programs have grown in popularity. A Reverse Mortgage can enable you to tap the equity in your home and make your retirement more comfortable. The proceeds from a Reverse Mortgage can be used to pay for medical care, delay or supplement Social Security and or have additional funds every month to make retirement more enjoyable.

Commercial Loan Corporation has made the Reverse Mortgage process easy!  Our qualified Reverse Mortgage specialists can answer any questions that you have and explain all of the options available to you in a no pressure environment. In some cases a Reverse Mortgage might not be your best option. We can provide you with the information needed to make an informed decision. Simply call us at 877-464-1066 so that we may assist you.  You may also request additional information on Reverse Mortgages online by filling out the form located here.

Call 877-464-1066 for assistance with a Reverse Mortgage

Loans to Trusts

Loan to a Trust

Loan to a Trust

Loans to Trusts

At Commercial Loan Corporation, we specialize in providing financing to Trusts. Our loan provides the cash needed for an irrevocable trust or estate to make an even distribution when one of the beneficiaries is inheriting a home as their share of the distribution. The California Board of Equalization requires that an even distribution be made to take advantage of Proposition 58’s Parent to Child Transfer and avoid a reassessment of property taxes. Exclusion for reassessment of property taxes allows a child to keep their parents’ low property tax payment. Our loan helps clients save on average over $6,000 per year in property taxes. In just a few short minutes we can help a client determine how much they could save by taking advantage of California’s Proposition 58’s Exclusion for Reassessment of Property Taxes.

Call Today For A Free Consultation: 877-464-1066

 

Printable Ad for Loans to Trusts: Loans to Trusts

Orange County Bar Event – Costa Mesa, CA

Orange County Bar Association Event

Orange County Bar Association Event, Costa Mesa, CA

Join Commercial Loan Corporation on October 10th, 2018 at the upcoming Orange County Bar Association event. The Orange County Bar Association Trust & Estates Section Presents “SO YOU THINK YOU CAN NEGOTIATE? Learn Skills and Techniques Leading to Successful Resolutions” at 5:30PM on 10/10/2018 in Costa Mesa, CA.

Mike Riggs, Senior Account Executive at Commercial Loan Corporation will be on hand to answer any questions you have on our Trust & Estate Loans. Commercial Loan Corp specializes in lending to Family Trusts and Estates in Probate. If you are unable to make the event, please call us at 877-464-1066. Our team can review a loan scenario with you or a client to see if they might benefit from one of our Trust & Estate loan programs. Often times, our trust and estate financing is used to equalize a trust or estate distribution to take advantage of Proposition 58 and avoiding property tax reassessment on a home that was inherited from a parent.

Our specialized Trust & Estate finance programs can help a client distribute their trust faster, provide cash for legal fees and save money! Our Trust Loans are typically less expensive than selling a home. That means more money for the beneficiaries and we can fund a Trust or Estate Loan in as little as 7 days!

On average we save our clients over $6,000 a year in property tax payments by avoiding property tax assessment on an inherited property. If you are looking for a loan to a Irrevocable Trust, Family Trust or Estate, please call us at 877-464-1066 for additional details or a free benefit analysis.

California Trust & Estate Attorneys

California Trust And Estate Attorneys

California Trust And Estate Attorneys

When setting up a trust or dealing with trust and estate matters, finding a qualified Trust & Estate Attorney is highly advised! You can save money attempting to handle some items yourself, but be warned that making mistakes can sometimes end up being very costly.

This is especially true if you are inheriting a home from a parent and it is your goal, or a siblings goal to use Proposition 58 to keep a parents low property tax base. In many cases a trust or estate contains a variety of assets including cash and material items in addition to real estate. When there are multiple beneficiaries involved, and one of the beneficiaries wants to keep the home, the distribution can be complicated. If not handled correctly, you may lose your ability to receive an Exclusion From Property Reassessment. This can cause the homes value to be reassessed when transferred and in turn the property taxes may skyrocket.

Commercial Loan Corporation provides financing to Trusts and Estates to help you receive an exclusion from property reassessment. By doing so, we save our clients on average over $6,000 a year in property taxes. We are constantly working with qualified Attorneys and Property Tax Consultants in California to help their clients with Proposition 58 property transfers. If you are in need of financing to assist a trust or estate, or are looking for a Trust & Estate Attorney in your area to assist you, please call us at 877-464-1066. We would be happy to refer you to a California Trust & Estate Attorney that we have worked with in the past and who is knowledgeable on Proposition 58 and the parent to child property tax transfer process.

Trust and Estate Terminology

Trust and Estate Terms

Trust and Estate Terms

Terms for Trusts & Estates

Dealing with Trusts and Estates can be a complicated matter. It can go from complex to incomprehensible if you do not understand the terminology. To help you better understand, we have compiled a list of some of the most common terms used in trust and estate matters to assist you. If you need any additional clarification, we are here to assist you.  Please call us at 877-464-1066 for any needs you may have.

Common Terms For Trusts And Estates

Appointer  – The appointer is the person who can appoint a new trustee or remove an existing one.

Appointment – The act of appointing, giving an asset from the trust to a beneficiary; or the name of the document which gives effect to the appointment. The trustee’s right to do this, where it exists, is called a power of appointment. Sometimes, a power of appointment is given to someone other than the trustee, such as the settlor, the protector, or a beneficiary.

Beneficiary – A beneficiary is anyone who receives benefits from any assets held by the trust.

Bridge Loan – A bridge loan is short term financing that is typically paid back or refinanced. Often times the term on a bridge loan can range from 3 to 12 months.

Estate Planning – The process of arranging ones property and affairs to insure their disbursement in the most effective way possible.

Power of Attorney – A power of attorney is a legal instrument that empowers another person as agent to deal with one’s property and affairs.

Executor – The one nominated in a Will and or appointed by Probate Court to manage and distribute a decedent’s estate in accordance with the terms of the Will.

Fiduciary – A fiduciary is a person to whom property or power is entrusted for the benefit of another.

Proposition 13 – California Proposition 13 is a constitutional amendment enacted in 1978. The Proposition 13 Amendment limits the tax rate increase that can be charged annually on real estate in California. The proposition restricts the annual increases of assessed value of real property to an inflation factor, not to exceed 2% per year. California Proposition 13 also prohibits reassessment of a new real estate property tax base year value except for in cases of either change in ownership, or completion of new construction.

Proposition 58 – California Proposition 58 allows for the exclusion for reassessment of property taxes on transfers between parents and children. If the sale or transfer of real property is between a parent and their child, under limited circumstances, the property will not be reassessed if certain conditions are met and the proper application is filed in a appropriate amount of time. Proposition 58 allows the new property owner to avoid property tax increases when acquiring property from their parents. The new owner’s taxes are instead calculated on the established Proposition 13 factored base year value, instead of the current market value when the property is acquired from the parent.

Protector – A protector may be appointed in an express, inter vivos trust, as a person who has some control over the trustee usually including a power to dismiss the trustee and appoint another.

Settlor – This is the person or persons who creates the trust. They may also be known as a Grantor.

Trust – A trust is an arrangement in which ownership of assets is transferred to a Trustee, who thereafter has a fiduciary duty to distribute the trusts assets to the beneficiaries of the Trust.

Trust Deed – A trust deed is a legal document that defines the trust such as the trustee, beneficiaries, settlor and appointer, and the terms and conditions of the agreement.

Trust Distributions – A trust distribution is any income or asset that is given out to the beneficiaries of the trust.

Trustee – A person, corporation who administers a trust. A trustee is considered a fiduciary and owes the highest duty under the law to protect trust assets from unreasonable loss for the trust’s beneficiaries.

If you require a third party bridge loan to take advantage of the benefits of proposition 58, please call us at 877-464-1066 so that we may assist you.

Information and terms for trusts and estates found at: trustandestate.loans

The Commercial Loan Corporation Loan Process

Commercial Loan Corporation - California Private Money Lender

Commercial Loan Corporation – California Private Money Lender. Joseph Minton, Autumn Skerritt & Kerry Smith

Here Is How The Process Works For A California Trust or Estate Private Money Loan From Commercial Loan Corporation

By: Autumn Skerritt

Hi, I am Autumn from Commercial Loan Corporation. As the loan processor, I typically get introduced to the Trustee or Borrower after our Account Executive has informed them of the loan details and provided them with a clear understanding of the mortgage fees. After making an introduction call to the client, I put a “Needs List” together. A needs list is a list of conditions that I will need the client to provide before we can close the trust loan, estate loan, probate loan or mortgage. At Commercial Loan Corporation we try to make this process as painless as possible for our Trustees and Clients. My goal is for the “needs list” to have less items on it than there are syllables in the word tri-ni-tro-phen-yl-meth-yl-ni-tra-mine. The best part is, doing a trust or estate loan with Commercial Loan Corporation is easier than pronouncing the word.

To give you an idea of what type of conditions we need on a typical trust or estate third party mortgage, here is a great example of a typical “Needs List” that I send out to our clients:

  1. Copy of the Appraisal done for the Trust or Estate
    – If you do not have one, we can order one for you
  2. Copy of the Trust and all Amendments (if applicable)
  3. Copy of the Trust Tax ID Number (if applicable)
  4. Copy of your ID
  5. Proof of Repayment Funds or a Pre-Approval letter for future financing. We can also assist you with this if needed.
  6. Copy of Insurance Declaration Page (we can get this before funding if you don’t have it handy)
  7. Copy of Death Certificates so title can file an affidavit of death (we will need the originals for closing)
  8. Bank Account information for the Trust (if applicable)

I always review the needs list with the client so that I may answer any questions they might have. On occasion, I also use my ESP to answer some questions they have before they even ask them. Here is an example of some commonly asked questions.

  1. When conducting a third party private money trust loan, most clients have been instructed by their counsel that created the Trust to get the home appraised at the time of death. We can often times use that appraisal for our trust loan. Doing so saves the client hundreds of dollars and can speed up the trust loan process. Once I receive that appraisal, I submit it to our review department to confirm the value still holds true and that the home is in habitable condition. That appraisal review process typically takes 24-48 hours to complete. “What if we never got an appraisal done at the time of death?” GREAT question! I am happy you asked that…. we have can offer a few simple options for you.  We can order an appraisal for you! Appraisals are usually completed in 2-5 business days; depending on the area where the home is located. A full residential appraisal typically costs between $350-$550, depending on the area, approximate size and value of the home.
  2. A Copy of the Trust and all Amendments. This condition is only applicable when we are providing a mortgage to a trust. If a client does not have this information available, it is typically easy to solve by calling their Trust attorney and requesting them to email a copy over to me. Often times trust documents ranges from 5 to over 100 pages in size. I know it’s a pain if you are one of the lucky ones that have a very thick trust and no access to a scanner. To help we can always send you an overnight FedEx envelope so you can provide us with the trust documents that way. Once I receive the trust information, I review it with title and escrow. We confirm how many trustees there are and that they have the ability to sign on behalf of the trust.  This review process typically takes about 24 hours.
  3. The Trust Tax ID Number is the condition that I typically get calls from clients on the most.The most common question is “where I can find our trust tax ID #”. The Trust Tax ID Number is not typically in the Trust paper work. It is issued by the IRS. I usually request an old tax form from the client which shows that tax ID number. Some clients have accountants associated with the trust and can also them for the Trust Tax ID Number. The Trust Tax ID Number is needed because at the end of each year we send out a 1098 to each and everyone of our clients so they have it for tax season.
  4. The reason why we ask for a current ID is to confirm that the Trustee name matches our clients. We also use it to confirm the mailing address on the ID.
  5. Because our loans are typically “short term” loans we want to make sure that the client has a plan or the ability to pay off the mortgage. We request review either the most recent bank statement showing that the funds are available for repayment, or an approval letter from a license mortgage banker showing you qualify for permanent. We can also provide you with permanent financing if needed and assist you with getting approved.
  6. The reason we require a Copy of the Insurance Declaration Page is because while our loan is out, we need to make sure that it is covered by insurance in case of damage or disaster. If a client has a hard time getting this policy, no problem. I can always move this to a funding conditions and help the client obtain a policy from the insurance agency.  If the home is not currently covered by hazard insurance, we have a handful of insurance agents we can recommend that will take excellent care of the client.
  7. We ask for a Copy of Death Certificates on every file because 8 out of 10 clients have not filed an Affidavit of Death on title. An Affidavit of Death is used to notify businesses, courts, and other places of someone’s death. This legal document is a sworn statement that legally states someone has passed away. The affidavit of death is typically used in conjunction with a certified death)  In order to lend to the trust after passing, this must be filed before the new deed gets filed. This is a added service we do for all of our clients at no extra charge. We want to make sure that its done the right way, so years after our transaction you will not run into problems.
  8. We ask for the Bank Account information for the Trust (if applicable) because we need to know where to wire the loan proceeds. Because the Trust is borrowing the money, the funds must go to the trust. We typically cannot send the money to an individual when lending to a trust. To be extra cautious we do call the Trustee at the time of closing and ask them to verbally give us the account and routing number.  We do that to help prevent fraud. We do our very best to protect our clients. Some of the issues I have ran into with past clients on this, is the bank account has been dissolved at the time of death and the trust is no longer associated to a bank account. In that case we ask the borrowers to call their current banker and ask them to open up a new account in the Trusts name. If the clients have trouble with that, we can contact the attorney to help find a solution, that works best for that client (so far, we haven’t had to do that yet).

That was a mouthful!  The most important thing to keep in mind is that I am here to serve you. I am also just a phone call away and you can reach me at 877-464-1066 if there is anything that you need. So here is a quick recap of the Commercial Loan Corporation loan process:

  1. I send out needs list to the borrower
  2. Get everything back on the needs list from the client
  3. I open title and escrow (that comes back within 48 hours typically)
  4. I then submit the appraisal for review to confirm value of home (that comes back within 24 hours)
  5. I do a final review of all the conditions along with title and appraisal review
  6. Once everything is verified, I call the borrower and attorney and give them great news that we are ready to wrap up the trust loan. I then confirm the loan amount, net amount and all fees and terms with both client and attorney.
  7. Once everyone agrees on terms and fees, I draw loan docs and releases them for review to the client and attorney (turn time to draw loan docs in about 3 hours)
  8. Once the Client and attorney give Commercial Loan Corporation the thumbs up on the loan docs, escrow will send a notary out to the client and sit with them while they sign the loan document package. The signing typically takes 30 minutes.
  9. After the documents are verified, the loan is funded!
  10. WAIT!!!! One more thing…. We always ask our clients to let us know how their experience was with Commercial Loan Corporation. Here are some testimonials from past Commercial Loan Corporation clients.

If you are in need for a third party loan to a trust or estate, please call us at 877-464-1066 so that we can assist you! We successfully help clients receive an exclusion from property tax reassessment every month and we can help you too!

Come See Us At The 23rd Annual PFAC Educational Conference

Come See Commercial Loan Corporation At The PFAC Educational Conference #PFAC #Estate #Trust #Loans

Come See Commercial Loan Corporation At The PFAC Educational Conference

Come and see Commercial Loan Corporation at the 2018 Annual PFAC Education Conference. Commercial Loan Corporation will be hosting a booth in the Exhibit Hall. This year the 23rd Annual PFAC Educational Conference will be celebrating the legacy of success of California licensed professional fiduciaries. PFAC is proud to serve this honored profession by providing some of the most comprehensive and current education in the industry, partnering with proven presenters and speakers imparting skills and knowledge that you can put to use in your practice. Commercial Loan Corporation is proud to support this event and if you are attending we will be happy to see you there. The PFAC Educational Conference will be held at the Riverside Convention Center this year on May 30th – June 2nd, 2018.

Commercial Loan Corporation PFAC Ad 2018 Educational Conference

Commercial Loan Corporation PFAC Ad 2018 Educational Conference

Mike Riggs will be on hand at the conference to answer any questions that you may have on Proposition 13, Proposition 58 and how to best take advantage of the savings benefits with our trust & estate mortgages. You may also visit our Homepage for additional information on our Trust & Estate loans. For additional information on how to find us at the 23rd Annual FPAC Conference or about our specialized loans to trusts and estates, please call us at 877-464-1066.