The grantor, or the current property owner, must sign the deed in the presence of a notary public. The grantor must also formally transfer the property from their name to the trust's name. This step solidifies the legal transfer and ensures that the living trust holds the property.
ANSWER: The lender, which is the beneficiary under the trust deed, CANNOT also be the trustee, under California law.
Yes, you can sell a home with a Deed of Trust. However, just like a mortgage, if you're selling the home for less than you owe on it, you'll need approval from the lender.
Arizona is a Mortgage state and Deed of Trust state.
The grantor, or the current property owner, must sign the deed in the presence of a notary public. The grantor must also formally transfer the property from their name to the trust's name. This step solidifies the legal transfer and ensures that the living trust holds the property.
"Trust deed" or "deed of trust" means a deed executed in conformity with this chapter and conveying trust property to a trustee or trustees qualified under section 33-803 to secure the performance of a contract or contracts, other than a trust deed which encumbers in whole or in part trust property located in Arizona ...
Are you familiar with the deed of trust? In Arizona, this is the primary financial security document that's used when purchasing a home. While the deed of trust is similar to the mortgage, there are some notable differences to be aware of. If you're not sure how to differentiate the two, don't worry.