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November 4, 2025 19 mins
If you listened to Tom's last episode about using a HELOC to prevent a fraudulent transfer of the title to your home, this follow-up episode is for you. 
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Episode Transcript

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Speaker 1 (00:30):
Well, good afternoon, Michiganders, and welcome back to Tuesday with
Tom Michigan's Only podcast, where we talk about estate planning,
a state settlement, and everything in between. As always, I'm
your host, Tom Doyle, a state planning attorney, lifelong Michigander,
and your guide to planning for your future. Well, in

(00:53):
the last episode, I talked about protecting your home from
fraudulent deed transfer with a helock. Basically the concept being
that I talked a little bit about the problem with
fraudulent ded transfers, what a helock is, and how that

(01:13):
might be of assistance to you. While following that theme
today though, I wanted to share a few things basically
more things that you need to know about a helock.
But remember what I'm about to discuss is meant to
be educational and informative. It is not legal advice. Certainly,

(01:35):
every person's situation is different, so to be sure to
talk to your own attorney, your financial advisor, your banker,
whoever it is that you're working with to figure out
what makes the most sense for you and your planning.

(02:03):
So more things you know to be about a helock.
Before we talk about that, let's just go back revisit
the last episode, and I talked about the protective role
of a heelock. And first, what's a helock. Well, if
you listen to last episode or perhaps you already know,
helock is a home equity.

Speaker 2 (02:25):
Line of credit.

Speaker 1 (02:28):
Now, what I talked about in last week's episode was
using a heelock to basically put a lien against your home. Essentially,
that's so important in order to try and prevent title
fraud if your home is owned free and clear. So
if your home's owned free and clear, but you take.

Speaker 2 (02:49):
Out a heelock, that will put a.

Speaker 1 (02:51):
Lien on the property, and in order for someone to
fraudulently transfer your title, they have to deal with that
lean that's on the property. So because of that, it
basically adds a layer of scrutiny and verification before anybody
could transfer your home or put a lien on it,

(03:12):
all from your end with the goal of making sure
that you have done what you can do to protect
your home from the fraudsters. So you've listened to last
week's episode, you're thinking about having a helock. I just
wanted to follow up today with a few considerations for

(03:34):
you when you're out looking at your heelock, and you're
likely going to find a helock. I mean, I started
trying to put together a list of all the various
credit unions and banks in the state of Michigan that
offer helocks, and because so many of them did, I
decided that it really wasn't appropriate or time appropriate for

(03:57):
me to put that list together. You're probably going to
contact your credit union that you're dealing with, or your
bank that you're already dealing with, or some financial institution
in your community in looking for a helock. So if
you're going to do that, some of the considerations that
you have in looking for helock are one. I talked

(04:20):
about having the helock in particular to put a lean
against your home, but you're not going to draw any
funds from it. It's simply going to be there as
a lean against the home, just in case someone works
to try and transfer your title.

Speaker 2 (04:37):
Well, question for.

Speaker 1 (04:39):
Your credit union or bank, are there any requirements relative
to the helock that you're considering even if you don't draw?
For example, are there going to be any annual maintenance fees?
Maybe you're not going to draw on the helo, but

(05:00):
it might the bank credit union might charge annual maintenance
fees on the heelock, even if you don't draw on
it maintenance costs. There might be maintenance costs, there might
be appraisal fees, there might be title search fees, or
insurance fees. So there's a number of costs that might
be incurred upfront in taking out the heelock. Your credit

(05:25):
union might want to have a title search done, or
they might want to have appraisals done on your property,
or they might have certain concerns about what insurance you're
carrying on your home. So a number of costs might
be something that's going to be curred upfront, and you

(05:46):
need to know what those are. And some of those
fees will still apply even if there is a zero
balance on the account, particularly annual maintenance fees or maintenance
fees in general, to keep the account with your financial institution.
Another consideration, what is the lean status and what do

(06:10):
I mean by that? Well, you want to be sure
that once the lian is approved, the bank does in
fact record a lien in the county records. If you
go and you get the heelock intending to have a
lien placed on your property, the purpose of which is

(06:32):
to discourage anyone from trying to fraudulently transfer your property.
You want to be sure that the lien has been recorded,
so you can ask your financial institution to provide your
documentation that it's been recorded, or if they haven't done that,
you might want to reach out, probably get up online.

(06:54):
Most of the registered deeds offices are now online, just
to double check to make sure that that lean has
been recorded. Second, what you also want to confirm with
your credit union or finance institution is what exact documentation

(07:14):
is going to be filed.

Speaker 2 (07:17):
Is it the helock itself?

Speaker 1 (07:21):
Is it merely a memorandum excuse me reflecting the terms
of the helock, so that you understand and you are
sured that whatever it is that was recorded by your
credit union or bank, you still return all rights of

(07:44):
ownership to the property except for the lean.

Speaker 2 (07:47):
And that's pretty standard stuff.

Speaker 1 (07:49):
So unless you've got a real problem with your credit
in your bank, that's not likely going to be a problem.

Speaker 2 (07:55):
But you need to know.

Speaker 1 (07:56):
So you need to know it's been recorded, and you
need to know what has been recorded.

Speaker 2 (08:03):
Another consideration, so if you've.

Speaker 1 (08:06):
Taken out this helock, and again the purpose of it
was not to draw any funds, but was to simply
have the lean against your property. Well, you need to
know because normally when a helock is set up, there
is a draw period, a period of time in which
you can withdraw funds on the helock. Well, what you

(08:31):
need to know is what happens when that draw period ends,
and if you've taken any funds, what are the when
does the repayment period begin? So, once you have this
helock in place, there's going to period of time again
in which you can draw funds on it, and then

(08:53):
there's going to be a time at which you have
to start paying it back. Well, what if you'd never
draw any fund which is what I was talking about
using the heelock for, Well, you might still well, obviously
you still have to satisfy whatever terms the repayment phase has,
which in some cases might include closing or somehow converting

(09:19):
the line into perhaps a more traditional type mortgage on
your home, or perhaps a personal line whatever it is
that the banker credit union has in place. But the
problem is is if you've taken out this helock again
the purpose of which to was to put a lien

(09:41):
on your property, and you've never drawn any funds on it.
If that helock is going to go away after a
period of time because you've never used it, you need
to know that because if it's let's say it's going
to go away after I don't know, pick time ten years,

(10:01):
and if you don't draw any funds on it ten
years up, that helock's going away. And in that case,
all likelihood your credit in your bank is going to
file a discharge of the helock.

Speaker 2 (10:12):
Well you need to know that because when that.

Speaker 1 (10:14):
Happens, now you're right back to having the problem which
you were trying to fix, which.

Speaker 2 (10:20):
Was you don't have a lean on your property.

Speaker 1 (10:25):
So need to know how long this protection, if you will,
that you've created by that helock is going to work.
Another consideration in looking for a heluck is can the
bank or credit union reduce or cancel the lean or
the line of credit if you will, if it's on you.

(10:48):
So for example, what do I mean, Well, some lenders
will include clauses that allow them to reduce credit limits
or freeze or terminate unused line of credit depending upon
changes in property value, changes in your credit or your
financial condition, etc. So you need to know that because

(11:11):
if you create this lean against your property. And if
you are thinking, hey, another consideration for having this helux
set up is what if I need money? What if
I didn't? I don't need it now? And not only though,
am I going to put a lean against my property?

(11:34):
But one of the considerations I discussed last time was
that you then have access to funds, perhaps in an
emergency against your home. Well, you need to know if
that amount, which is the line of credit that's been
provided to you, somehow ends up getting reduced or changed

(11:56):
or even terminated based upon changes in your property value,
your credit, financial condition, et cetera. So you need to
understand can your bank or credit union reduce or cancel
the line of credit.

Speaker 2 (12:12):
If it's not used. Another consideration, so what are some risks?
What are the risk?

Speaker 1 (12:20):
Well, because the lean helock is a lean on your
home in some legal scenarios or default, if you violate terms,
you might be exposing the home to foreclosure action.

Speaker 2 (12:39):
What do I mean by that?

Speaker 1 (12:40):
Well, many times if you have a mortgage against your
home or a helock, which is a type of mortgage
against your home, there might be provisions in it.

Speaker 2 (12:48):
That say something like, hey, if you.

Speaker 1 (12:51):
Go bankrupt, just use the most common scenario, we then
might be able to declare the entire mound. Do why
because you're no longer a credit worthy candidate. So you
need to understand that when you put this lien on
your home, there may be things that happen outside of

(13:12):
the helock that could be considered a violation of the
terms of the helock, and in that case you might be.

Speaker 2 (13:21):
Exposing the home to some risk.

Speaker 1 (13:27):
In summary, then yes, considering a helock, I think is
still an important consideration, particularly as I discussed last time,
when you've got your home paid off. And again, if
you don't remember what I'm talking about, please go back
and listen to last week's episode where I explain that
more in detail. But some considerations are there going to

(13:50):
be requirements or cost even if you don't draw on
the line, what is the lean status? Make sure that
as in fact has been recorded, what's the draw period
and what happens after that? Can the bank reduce or
cancel a line or perhaps cancel a lean if it's unused?
And then understand are you exposing your home to any

(14:13):
risks outside of the helock? So in summary, if you've
paid off your mortgage, you might want to consider helock
as a tool to protect your home from fraudulent deed transfers.
If you intend to use the helock though in this way,

(14:35):
you'll need to request basically full disclosures from your financial institution.

Speaker 2 (14:44):
So that you know what exactly.

Speaker 1 (14:48):
You are siding onto when you have that helock, so
understand how it works. In particular, understand how it's going
to work if you draw. Don't draw any funds. So
I encourage listeners, I encourage you to review your own situation,

(15:11):
speak with a trusted lender, consult with a legal professional
for appropriate advice. As you are in search of using
a helock as a way to secure that title to
your home. Well, obviously Amanda and I were not bankers.

(15:50):
We don't provide helocks, but with respect to other needs
that you have concerning your estate plan, whether it means
creating a new estate plan for you, updating and existing one,
guiding you through the estate settlement process in a difficult time,
or any further discussion about how you might utilize a

(16:11):
helock as a.

Speaker 2 (16:13):
Tool for securing your home.

Speaker 1 (16:19):
We try to make it easy for you. We offer
in person appointments available both in Grand Rapids location and
our Lansing location. We offer virtual consultations that will be
by zoom or phone wherever you are in this great
state of Michigan. We have our Legal Store. Just all

(16:40):
you need is one document. Maybe you're simply looking for
a certificate of trust because you're selling real estate, or
you need a new healthcare power of attorney, whatever happens
to be browse and order legal documents anytime twenty four
to seven through our Legal Store. And all of this
and more information on how to schedule appointments, how to

(17:02):
access the Legal Store virtual consultation, all of that is
available at our website, Doyle LAWPC dot com. So visit
Doyle LAWPC dot com today to get your consultation scheduled
and we look forward to the opportunity to work with you.

Speaker 2 (17:40):
Sorry, push the wrong button.

Speaker 1 (17:41):
Well, I think that's going to be a wrap for
today's show. As always, Oh, if you have a comment,
a question you're like answered, or a topic that you'd
like me to cover in future episode, head over to
Tuesday with Time dot com. You can leave me a
voice message by clicking on the microphone or just send
me an email. That would be Tom at Tuesday with

(18:04):
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(18:25):
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(18:48):
where podcasts are available, and you can always ask your
smart speaker to play Tuesday with Tom. Well, thanks again
for spending part of your day with us, and as always,
have an awesome day and an awesome week in Michigan.

Speaker 2 (19:09):
Stay safe.

Speaker 1 (19:14):
Tuesday with Tom has been brought to you by the
estate planning attorneys at Doyle Law PC. To learn how
we can help you with your estate plan or with
settling a loved one's estate, please call us today at
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