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A deed of trust is a deed that transfers ownership of real estate to a trust.
Suppose William owns land and wants to transfer it to a trust in order to remove it from his individual ownership. William must have a trust drafted by an attorney and could name it the William's Family Trust. All the legally necessary provisions of the trust would be set forth in the trust document and a trustee would need to be appointed. Suppose the named trustee is Judith.
William must transfer his land to the trust by executing a 'deed of trust' that names as the grantee Judith, as the trustee of the William's Family Trust. The grantee in a 'deed of trust' must be the trustee named in the trust document.
A trustee's deed is a deed that transfers land from a trust. It must be executed by the trustee in office at the time of the transfer. Therefore, if the William's Family Trust decides to sell that property to Harry, the trustee's deed would recite Judith, as trustee of the William's Family Trust as the grantor, and Harry as the grantee.
Wiki User
∙ 14y ago
Wiki User
∙ 13y agoThere are different meanings for deed of trust.
Deeds of Conveyance:
A deed of trust should always recite the trustee as the grantee. Many people, including professionals, recite the trust as the grantee. An example would be land conveyed to the Take Five Trust. That is incorrect. A trust cannot act. It must have a trustee to conduct its business. Title to any real estate owned by a trust is held by the trustee. That is the whole idea underlying trust law. For example, land should be conveyed to Dave Brubeck as Trustee of the Take Five Trust.
In that deed, Dave Brubeck would be the trustee and grantee.
Mortgages:
If you are referring to the second meaning of Deed of Trust that is used in some states as a mortgage, the grantee on that deed is the trustee.
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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.
How do you remove a trust from a deed?
The trust document should have a provision by which the trustee can transfer the property. You must follow the provisions in the trust for transfer by the trustee. Generally, in order to remove real property from a trust the trustee must execute a deed that conveys the property to a new owner.
Does a quitclaim deed modify a living trust?
A trust is an agreement. You cannot "modify" a trust by a deed. Trusts are modified by amendments to the trust. Property can be removed from a trust by a deed executed by the trustee if the trustee has been given the power to sell real estate.
If a trustee is required to sell the real estate the trust holds under the terms of a trust established by a will what type of deed will be delivered at the settlement of the sale?
The property must be conveyed by a 'trustee's deed'. For example, the grantor on the deed should be stated as Robert Smith as Trustee of the Smith Family Trust as set forth in a Declaration of Trust dated November 12, 2005. A Trustee's Certificate to accompany the deed is required in most jurisdictions. The certificate must identify the trust and trustee and certify the trustee knows of no amendments or changes to the trust, that he is the sole trustee with power to sell real estate and the trust has not been terminated.
Who must sign the reconveyance of a deed of trust?
trustee
How can you sell a paid off home inherited by you through a revocable trust?
If the property is owned by the trust, the trustee must execute a deed from the trust to you. In order to execute a validdeed the trustee must be given the power to sell real estate in the document that created the trust. Once the deed to you has been executed and recorded in the land records you will be the record owner and you can sell the property by executing a deed in favor of the purchaser.A deed from a trust should be executed in the trustee's name as the trustee of the trust. The grantor on the deed should be recited as, "Buddy Guy, as the Trustee of the Best Blues Trust" grants to BB King . . . ."
Can I file a quick claim on a deed in trust?
You can transfer your real property to the trustee of a trust using a quitclaim deed.
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.
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 can a home in a trust be removed by a trustor and put in the Trustor and Trustee name?
You need to review the terms of the particular trust. Each trust is unique and contains all the provisions of the trust and all the powers of the trustee. You need to check to see if the trustee has the power to execute a deed to transfer the real estate.You need to review the terms of the particular trust. Each trust is unique and contains all the provisions of the trust and all the powers of the trustee. You need to check to see if the trustee has the power to execute a deed to transfer the real estate.You need to review the terms of the particular trust. Each trust is unique and contains all the provisions of the trust and all the powers of the trustee. You need to check to see if the trustee has the power to execute a deed to transfer the real estate.You need to review the terms of the particular trust. Each trust is unique and contains all the provisions of the trust and all the powers of the trustee. You need to check to see if the trustee has the power to execute a deed to transfer the real estate.
When a trustor is established does a trustor have the ability to change the trustee in a deed of trust?
A trust is established by a Declaration of Trust. The trustee is the person appointed to hold title to and manage the trust property. The declaration contains all the powers of the trustee and the provisions of the trust. You must review it to determine if and how the trustee can be terminated and a new trustee appointed.
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.
