This form is a Warranty Deed where the grantors are seven individuals and the grantee is a trust. Grantors convey and warrants the described property to the trust. This deed complies with all state statutory laws.
This form is a Warranty Deed where the grantors are seven individuals and the grantee is a trust. Grantors convey and warrants the described property to the trust. This deed complies with all state statutory laws.
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A Deed of Trust is a three party document prepared, signed and recorded to secure repayment of a loan. The Borrower (property owner) is named as ?Trustor,? the Lender is called the ?Beneficiary,? and a third party is called a ?Trustee.?
Should the trustor default, the trustee may have to sell the property for the: beneficiary.
Essentially, the deed of trust is an agreement between three parties: the grantor, the beneficiary, and the trustee. The grantor, or the borrower, grants an interest in their property to the beneficiary, the lender, and the trustee.
The settlor establishes the trust by transferring the property. The trustee is the person in charge of managing the trust. The beneficiary is the one who will benefit from the trust. As the new legal owner of the property, the trustee manages it according to the settlor's wishes outlined in the deed.
The beneficiary can (where there is one beneficiary or if there are several beneficiaries and all of them agree) direct the trustee to transfer the trust property to him (if there are several beneficiaries to all of them) or to such other person as the beneficiary (or the beneficiaries may desire).
The three players involved in a deed of trust are: The ?trustor,? also known as the borrower. The ?trustee,? typically a title company with the power of sale, legal title to the real property, and the ability to hold a nonjudicial foreclosure. The ?beneficiary,? also known as the lender.
Most deed of trust mortgages include a power-of-sale clause. This clause allows the trustees in deed of trust mortgages to do non-judicial foreclosures on delinquent borrowers - that is, foreclose without going to court.
In North Carolina, a deed of trust or mortgage acts as a conveyance of the real estate. Upon repayment of the debt or performance of the obligation, the conveyance becomes void.
While a trustor creates a trust, a trustee is responsible for managing it. A trustee can be a person, multiple people, or an entity or organization. They can even be one of the trust's beneficiaries (or in some cases, the trustor themselves).
To transfer real property into your Trust, a new deed reflecting the name of the Trust must be executed, notarized and recorded with the County Recorder in the County where the property is located. Care must be taken that the exact legal description in the existing deed appears on the new deed.