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Generally, the trustee must be an attorney, title insurance company, trust company, bank, savings and loan, credit union, or other company specifically authorized by law to serve as a trustee. Other states have no limitations.
If you borrow from a commercial lender, it is most likely that the lender will determine the trustee, which is typically a title company, professional escrow company, or other company in the business of serving as a real estate trustee. Sometimes a real estate broker or an attorney serves in this role.
§ 55.1-317. No person may be named or act, in person or by agent or attorney, as the trustee of a deed of trust conveying property to secure the payment of money or the performance of an obligation, either individually or as one of several trustees, unless such person is a resident of the Commonwealth.
Here are some things to consider when drafting a letter to your executor or trustee. Your thoughts about wealth. ... Describe key players in the family. ... What matters to you? ... Give your trustee the power to make decisions, even when that means saying no.
There's a significant difference between being a beneficiary or trustee of a trust. If you're named as a beneficiary then you stand to benefit from the assets in the trust. On the other hand, if you're the trustee it's your job to manage those assets ing to the wishes of the trust creator.
The Trustee is usually the person that prepares the Deed of Trust. It is usually a lawyer or an employee of the Lender. The Lender can change the Trustee at any time. However, the Grantor or Borrower cannot change the Trustee.
Here are the essentials, in most states: Explain that the trust exists. ... Provide your name and contact information. ... Tell beneficiaries that they have the right to see a copy of the trust document and that you will send them one if they request it. ... Give the deadline for court challenges.
Trustor: This is the borrower. Trustee: This is the third party who will hold the legal title to the real property. Beneficiary: This is the lender.