However, lenders are advised not to require a copy of the fiduciary instrument in addition to trust certification and relevant statements of trust, as this may subject the lender to liability for damages when a court finds that its claim has not been made in good faith. However, the code states that if a third party obtained trust certification but refused to accept it and insisted on obtaining the effective loyalty agreement, the third party could be liable for damages, including legal fees incurred by the agent in the event of problems and if the court finds that the third party acted in bad faith to request the trust documents. (For example, the third party required the trust agreement to have access to private information for illegal use). It will also confirm that the agent is entitled to act for the trust. This will not prevent anyone from entering into the trust that should not be, including individuals and other institutions that have no business to do. Another name for the certification of living trust is the certification of the inter vivos trust. A living trust is sometimes called family trust or trust inter vivo. They ensure that all assets acquired are in the name of the position of trust. Evidence of such power would be found in the trust instrument, but it can be lengthy and includes provisions and other provisions that the agent and agents might prefer to remain private.
A due diligence process that, in such a case, would require a review of the entire fiduciary instrument would be a loss-loss proposal – the lender must devote time and money to the overhaul of a long-term fiduciary instrument, which may have been amended several times, and agents and beneficiaries must otherwise disclose private information. One of the reasons bankers require (sometimes even require) the entire trust contract is that their compliance staff (i.e. in the lawyers of the house and in other ways) tells them to do so. In fact, it is the most common response when I have interviews with bankers on behalf of my clients. Typically, the person on the other end of the phone or email or counter simply does his job and follows the instructions and requirements given to him.