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Your question is complicated and needs a lot more detail for a more concise answer.
Generally:
A sheriff's deed is the result of a judgment lien. It indicates the land was actually siezed. It can create a cloud on the title to real estate even when recorded after the property has been conveyed if the conveyance was to avoid creditors. If it relates to a debt that was recorded prior to a mortgage in a state that uses deeds of trust for mortgages then it may override the deed of trust.
If this refers to a conveyance deed to a trust and the trust was not drafted properly the real estate would be left exposed to creditors. If the debt predates the deed to the trust the sheriff's deed may override it. You may need to pay off the lien to remove the cloud on the title.
You should have the situation reviewed by an attorney who specializes in real estate law. If the siezure was "good" the interest on the debt adds up quickly causing the pay back amount to grow. In Massachusetts the interest allowed is 12 percent.
Wiki User
∙ 12y ago
Wiki User
∙ 13y agoThere is always a legal owner of real estate. If that owner conveys or transfers the property by deed then the property has a new owner. If the trustee had title to the property and transferred it to a new owner then the land has a new owner. If someone else owned the property then the trustee's deed transferred nothing. It is not the type of deed that takes "precedence" but whether the grantor in the deed owns the property at the time of the conveyance.
You can add more details on the discussion page.
There is always a legal owner of real estate. If that owner conveys or transfers the property by deed then the property has a new owner. If the trustee had title to the property and transferred it to a new owner then the land has a new owner. If someone else owned the property then the trustee's deed transferred nothing. It is not the type of deed that takes "precedence" but whether the grantor in the deed owns the property at the time of the conveyance.
You can add more details on the discussion page.
There is always a legal owner of real estate. If that owner conveys or transfers the property by deed then the property has a new owner. If the trustee had title to the property and transferred it to a new owner then the land has a new owner. If someone else owned the property then the trustee's deed transferred nothing. It is not the type of deed that takes "precedence" but whether the grantor in the deed owns the property at the time of the conveyance.
You can add more details on the discussion page.
There is always a legal owner of real estate. If that owner conveys or transfers the property by deed then the property has a new owner. If the trustee had title to the property and transferred it to a new owner then the land has a new owner. If someone else owned the property then the trustee's deed transferred nothing. It is not the type of deed that takes "precedence" but whether the grantor in the deed owns the property at the time of the conveyance.
You can add more details on the discussion page.
Wiki User
∙ 13y agoThere is always a legal owner of real estate. If that owner conveys or transfers the property by deed then the property has a new owner. If the trustee had title to the property and transferred it to a new owner then the land has a new owner. If someone else owned the property then the trustee's deed transferred nothing. It is not the type of deed that takes "precedence" but whether the grantor in the deed owns the property at the time of the conveyance.
You can add more details on the discussion page.
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Does a Grant deed override a Living Trust in California?
In the state of California, a Living Trust will override a grant deed. You should speak to a lawyer to draw one up.
What is a sheriff's deed?
sheriff deed is the deed given by the court order for the non payment of taxes or judgments
Is a deed of trust a secruity instrument?
Yes. A deed of trust is similar to a mortgage.Yes. A deed of trust is similar to a mortgage.Yes. A deed of trust is similar to a mortgage.Yes. A deed of trust is similar to a mortgage.
Can a Sheriff's deed be converted to a Warranty Deed in order to sell the property?
No. A sheriff's deed has a certain legal meaning that is different from a warranty deed. The meaning also varies according to state laws. You would need to check your state laws to determine what title is conveyed by a sheriff's deed. In Massachusetts a sheriff's deed does not guarantee that it conveys any title. It only conveys whatever interest the debtor may own in the property. Title is not "good" for twenty years when it is acquired solely by a sheriff's deed. A deed from the debtor is needed to perfect title.
Can supplementary deed supersede trust deed?
The only effective deed is a deed signed by the current owner of the property or in the case of a trust, the current trustee of a trust that owns property. If the owner conveys property by a deed after they have granted a mortgage by a trust deed the property is subject to the mortgage and if it's not paid the lender can take possession of the property.The only effective deed is a deed signed by the current owner of the property or in the case of a trust, the current trustee of a trust that owns property. If the owner conveys property by a deed after they have granted a mortgage by a trust deed the property is subject to the mortgage and if it's not paid the lender can take possession of the property.The only effective deed is a deed signed by the current owner of the property or in the case of a trust, the current trustee of a trust that owns property. If the owner conveys property by a deed after they have granted a mortgage by a trust deed the property is subject to the mortgage and if it's not paid the lender can take possession of the property.The only effective deed is a deed signed by the current owner of the property or in the case of a trust, the current trustee of a trust that owns property. If the owner conveys property by a deed after they have granted a mortgage by a trust deed the property is subject to the mortgage and if it's not paid the lender can take possession of the property.
How do you nullify a deed of trust?
Only a judge can nullify a deed of trust by issuing a court order to that effect.Only a judge can nullify a deed of trust by issuing a court order to that effect.Only a judge can nullify a deed of trust by issuing a court order to that effect.Only a judge can nullify a deed of trust by issuing a court order to that effect.
What is the difference between a Deed and a Deed Of Trust?
A deed is the instrument used to transfer title to real estate. A deed of trust transfers property to someone to be held in trust for another. A deed of trust can have different meanings in different jurisdictions. In some states a deed of trust has the effect of a mortgage. A trustee holds the property until the debt has been paid. In other jurisdictions a deed of trust is a deed that transfers real property to a trustee who will hold title to the property indefinitely according to the terms of the trust. The trust may be one that was created in a separate instrument that is referenced in the deed or the trust may be set forth in the deed itself.
How do you get your original deed of trust note?
If you want to get your original deed of trust note, it will need to be obtained from the trustee. A deed of trust is a document that secures a loan with real property.
Who can amend the clauses of a deed of trust?
A deed of trust is the form for a mortgage in some states. Only the original parties to the transaction can amend it. Amending a deed of trust may require a reconveyance by the trustee.A deed of trust is the form for a mortgage in some states. Only the original parties to the transaction can amend it. Amending a deed of trust may require a reconveyance by the trustee.A deed of trust is the form for a mortgage in some states. Only the original parties to the transaction can amend it. Amending a deed of trust may require a reconveyance by the trustee.A deed of trust is the form for a mortgage in some states. Only the original parties to the transaction can amend it. Amending a deed of trust may require a reconveyance by the trustee.
If the holder of second trust deed forecloses first does it have to pay off the full amount owed to the first trust deed?
If the holder of the second mortgage, or deed of trust, forecloses, that lender takes the property subject to the first mortgage or deed of trust.
Can a trust exist where there is no trust deed?
A court can impose a trust on equitable grounds against someone who obtained property through wrongdoing. The wrongdoer is reduced to a trustee and the title is restored in the rightful owner. This is called a constructive trust. Generally, a trust exists by virtue of a document that sets forth the provisions of the trust, names the trustee(s) and adheres to the state requirements for a valid trust. That document is commonly called a Declaration of Trust. A trust exists independently whether it owns property or not. Any property that is to be held in trust by the trustee must be transferred to the trust. If that property is real estate, the owner must execute a deed that transfers title to the trustee of the trust. By doing so the owner is giving up ownership. If there is no deed to the trustee then the real estate is not part of the trust property. The deed to the trustee is referred to as a trust deed or deed of trust. When the property is transferred out of the trust by the trustee that deed is called a trustee's deed. In some jurisdictions a trust deed or deed of trust is the term used to describe a mortgage.
What happens to the second deed of trust if the first deed of trust is in foreclosure?
Nothing essentially happens to the 2nd deed of trust unless the property actually goes to sale and the foreclosure does not get cured by either the Trustor or the beneficiary of the 2nd deed of trust. In that case the 2nd deed of trust would cease to exist and drop off title at time of the sale of the property.
