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United States
Transactions affecting the title to land must be recorded in the land records. The status of a property can be determined by searching through those records by the owner's name or the address.
In some jurisdictions a deed of trust is the term used for a mortgage. The grantor in a deed of trust mortgage would be the owner of the property as long as the provisions and obligations under the mortgage are fulfilled. The grantee in the deed of trust holds title on behalf of the lender until the note is paid. Once the note is paid they must transfer title back to the owner. In the case of a default, no court process is required to foreclose and take possession of the property.
There is another category of trust deeds. Generally, a trust deed (sometimes referred to as a deed of trust) refers to a deed by which real property is conveyed to the trustee of a trust. A trustee holds legal title to trust property on behalf of a trust. You may need to do further research regarding the trust. However, trust documents are not always available for public review so it is not always possible to determine who benefits from the trust.
In some jurisdictions the trust document is recorded in the land records. That document may reveal the beneficiaries of the trust. If state laws do not require that the trust document be recorded in the land records then the details of the trust will remain private.
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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.
You were the grantee in a deed of trust. The original owner has died. Are you now the owner of property?
You need to review the terms of the trust. If your name is on a deed of trust then you must be the trustee. You need to review the terms of the trust to determine the status of the property now that the trustor has died. You should consult with an attorney who can review the land records to determine the status of the title. If the title is not clear you cannot sell or mortgage the property.
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.
Who pays the taxes when there is both a deed and a deed of trust?
Generally, the fee owner of the property is responsible for paying the property taxes. That would be the grantee in the deed of conveyance. In this case the 'deed of trust' is assumed to be a mortgage.
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 a corporation deed of a church building located in Brooklyn?
You need to determine the identity of the legal owner of the property and the entity that can execute a deed for that legal owner. You should consult with an attorney who specializes in real estate law.You need to determine the identity of the legal owner of the property and the entity that can execute a deed for that legal owner. You should consult with an attorney who specializes in real estate law.You need to determine the identity of the legal owner of the property and the entity that can execute a deed for that legal owner. You should consult with an attorney who specializes in real estate law.You need to determine the identity of the legal owner of the property and the entity that can execute a deed for that legal owner. You should consult with an attorney who specializes in real estate law.
How should the owner's name appear on a deed when the property is to be placed into a living trust?
The present owner of the property is the grantor and the trustee of the trust is the grantee. The grantor in the deed should be recited exactly the same as in their acquisition deed when they first acquired the property. The grantee should be recited as, " to Jill Smith as trustee of the Smith Family Trust under a Declaration of Trust dated June 18, 2009".
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.
How is the real estate trust registered as owner?
The legal owner of the property must transfer the property by deed to the trustee of the trust. That should only be done by a professional who is familiar with both trust law and conveyancing in your jurisdiction.
Who creates a deed restriction?
The owner of the land can create a deed restriction.The owner of the land can create a deed restriction.The owner of the land can create a deed restriction.The owner of the land can create a deed restriction.
Does a sheriff deed override a deed of trust?
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.
Can you quit claim deed a property from an irrevocable trust?
Yes, as long as the trust was properly drafted. Every trust is unique since the trust is created by the trust document. A properly drafted trust document has a provision whereby the trustee has the authority to transfer and convey property. The trustee's deed can be a quitclaim deed. You must review the trust document to determine how property can be sold by the trust.Yes, as long as the trust was properly drafted. Every trust is unique since the trust is created by the trust document. A properly drafted trust document has a provision whereby the trustee has the authority to transfer and convey property. The trustee's deed can be a quitclaim deed. You must review the trust document to determine how property can be sold by the trust.Yes, as long as the trust was properly drafted. Every trust is unique since the trust is created by the trust document. A properly drafted trust document has a provision whereby the trustee has the authority to transfer and convey property. The trustee's deed can be a quitclaim deed. You must review the trust document to determine how property can be sold by the trust.Yes, as long as the trust was properly drafted. Every trust is unique since the trust is created by the trust document. A properly drafted trust document has a provision whereby the trustee has the authority to transfer and convey property. The trustee's deed can be a quitclaim deed. You must review the trust document to determine how property can be sold by the trust.
