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Based on these rules, upon creation of a trust, title to trust property is split between the trustee and the beneficiaries. The trustee holds legal title to the property and the beneficiaries hold equitable title. Because the trustee holds legal title to the property, that property must be held in the trustee's name.
A trust deed ?also known as a deed of trust?is a document sometimes used in real estate transactions in the U.S. It is a document that comes into play when one party has taken out a loan from another party to purchase a property.
In a deed of trust, the borrower (trustor) transfers the Property, in trust, to an independent third party (trustee) who holds conditional title on behalf of the lender or note holder (beneficiary) for the purpose of exercising the following powers: (1) to reconvey the deed of trust once the borrower satisfies all ...
Property ownership information can be requested from the County Registrar-Recorder/County Clerk. For more information, please visit their website to Request a Real Estate Record.
When is a Deed of Trust Invalid? There are two main reasons a deed of trust may be considered invalid: (1) lack of required formalities in executing the deed of trust, or (2) there is some fact outside execution that makes the deed of trust invalid.
The Borrower (property owner) is named as ?Trustor,? the Lender is called the ?Beneficiary,? and a third party is called the ?Trustee.? The Trustor grants the property ?in trust with power of sale? to the Trustee to secure payment to the Beneficiary.
A Release of Deed of Trust is signed and executed by the Current Owner of the Evidence of Debt (Lender) when the note is paid in full and then submitted to the Public Trustee of the county where the property is located.
A trust deed gives the third-party ?trustee? (usually a title company or real estate broker) legal ownership of the property.