For transferring an asset with a nominee trustee, do I have to notify the mortgage company of the ownership change resulting in a refinance?

  • No, transferring to a Land Trust qualifies as an exception in federal law to standard due on sale clause violations (when a mortgage can be called due by a lender). Based on that, a mortgage company does not need to be notified about a transfer to a Land Trust and cannot even approve such a transfer. The exception overrides anything in the mortgage.