This form is a deed of trust modification. It is to be entered into by a borrower, co-grantor, and the lender. The agreement modifies the mortgage or deed of trust to secure a debt described within the agreement. Other provisions include: renewal and extension of the lien, co-grantor liability, and note payment terms.
Deed Of Trust With Lien In Georgia
State:
Multi-State
Control #:
US-00183
Format:
Word;
Rich Text
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FAQ
Yes, a mortgaged property can be put in a trust. Once a mortgaged property is transferred into a trust, the rules of the trust would apply to the real property, even if it has a mortgage on it.
A deed of trust creates a lien on the purchased property when it is executed and delivered by the trustor/borrower to the beneficiary (usually the lender). Once executed and delivered, the deed of trust takes priority as a security against the property in relation to any other liens previously recorded.
To attach a lien to real estate, the creditor records the judgment with the superior court clerk in the Georgia county where the debtor has real estate now or may have real estate in the future.
As a result, a creditor could go after the trust, seek its termination, and gain access to assets within it. So, to be absolutely clear: A revocable living trust does not protect assets from creditors.
Yes you can. Revocable living trusts don't, however, protect your assets from people with legal claims against you. That's because although the trust is a legal entity, for legal purposes you're treated as the owner of the trust assets.
Can a lien be placed on a trust? A lien filed against the beneficiary of the trust (you) cannot be attached to the property. After all, the title is not held in your name. HOWEVER, the property itself can be liened.
A deed of trust will include the same type of information stated in a mortgage document, such as: The identities of the borrower, lender, and trustee. A full description of the property to be placed in trust. Any restrictions or requirements on the use of the property while it is in trust.
Deeds of trust are the most common instrument used in the financing of real estate purchases in Alaska, Arizona, California, Colorado, the District of Columbia, Idaho, Maryland, Mississippi, Missouri, Montana, Nebraska, Nevada, North Carolina, Oregon, Tennessee, Texas, Utah, Virginia, Washington, and West Virginia, ...
In the State of Georgia, the instrument used to secure a debt on property is called a "Deed to Secure Debt" or "Security Deed." Under Georgia law, the lender is deeded the property, but in a lesser form of a deed that becomes activated if the borrower defaults in some way.