[WSBAPT] [WSBARP] Cross Posting - What happens to mortgage after a Boundary Line Adjustment

[Mark Anderson]

This sounds like a short plat rather than a BLA.  Because the ownership probably remained the same, I do not see where the grantee of a deed of trust would necessarily have an issue with this, except "administratively."

Under the Garn-St. Germain Act (12 U.S.C. § 1701j-3), I think the only tricky part about the estate plan is Parcel 3 going to charity.

Mark B. Anderson
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Brent Williams-Ruth
Sent: Monday, January 26, 2026 11:45 AM
To: WSBA Probate & Trust Listserv <WSBAPT at lists.wsbarppt.com>; WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Cross Posting - What happens to mortgage after a Boundary Line Adjustment

Greetings RP and PT colleagues -

I have a client who created a family compound. The way they did it was by buying property (Let's call Parcel X).

They then proceeded forward to do a boundary line adjustment using only a survey company - no legal representation. Parcel X is now "inactive" and has been replaced in county records with Parcel 1, 2, & 3.

The mortgage company was never told or advised about this.

Client wants to update Estate Plan such that Parcel 1 goes to Daughter; Parcel 2 goes to Son; and Parcel 3 goes to charity (just to avoid duplicative children tracking).

Client wants the mortgage balance to be apportioned to each parcel by % value of total combined.  Parcel 1 gets 40% of mortgage because it is 40% of the total value of the three parcels; Parch 2 gets 35% of mortgage obligation; and Parcel 3 gets 25% of mortgage obligation.

Now for my questions:
1) Because the mortgage company was not advised and did not provide consent to the BLA - is the client in tricky waters re: due-on-sale as a conveyance or other negative ramifications where they could lose their very nice "covid" interest rate? (I have requested a copy of the mortgage document itself).
2) Assuming that the client will not be forced to refinance for violating the T&C of the mortgage when doing the BLA.....what is the best way to apportion the mortgage debt?

Appreciate any guidance to help steer this client toward success in updating their estate plan.

Brent


Brent Williams-Ruth (pronouns: he/him)
Attorney-At-Law

Law Offices of Brent Williams-Ruth, a division of BWR Consulting, PLLC

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