Santa Maria California Deed in Lieu of Foreclosure - Individual to a Trust

State:
California
City:
Santa Maria
Control #:
CA-029-78
Format:
Word; 
Rich Text
Instant download

Description

This s a Grant Deed in the form of a Deed in Lieu of Foreclosure where the Grantor and the Grantee is a Trust. Grantor conveys and grants the described property to the Grantee. The transfer to the Grantee serves as satisfaction of the prior Deed of Trust and Promissory Note. This deed complies with all state statutory laws.

Santa Maria California Deed in Lieu of Foreclosure — Individual to a Trust is a legal process that allows an individual property owner to transfer ownership of their property to a trust in order to avoid foreclosure. This method can be highly beneficial for avoiding the negative repercussions associated with foreclosure and preserving one's creditworthiness. There are several types of Santa Maria California Deed in Lieu of Foreclosure — Individual to a Trust: 1. Voluntary Transfer: This type of deed in lieu of foreclosure occurs when the property owner voluntarily offers to transfer the property to a trust, often to avoid the lengthy and costly foreclosure process. 2. Trust Assumption: In this scenario, the individual property owner transfers ownership of their property to an existing trust that they have established. The trust assumes all rights and responsibilities associated with the property, including any unpaid debts or mortgages. 3. Trust Created for the Purpose: This type of deed in lieu of foreclosure involves the creation of a new trust specifically for the purpose of transferring the property ownership. The individual property owner becomes the trustee, allowing them to retain some control over the property while avoiding foreclosure. 4. Testamentary Trust: In certain cases, an individual may have a testamentary trust in place, which comes into effect upon their death. If the property owner faces foreclosure, they may choose to activate the trust early and transfer the property ownership to it. It is worth noting that a Santa Maria California Deed in Lieu of Foreclosure — Individual to a Trust should only be pursued after careful consideration and consultation with professionals, such as real estate attorneys or financial advisors. This is to ensure that all legalities are followed and the individual's best interests are protected.

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FAQ

1) A D.O.T. is much easier to foreclose upon then a mortgage because the process to foreclose on a D.O.T. bypasses the judicial process. Assuming the Trustee gives the right notices (Notice of Default and Notice of Sale) the process will go to sale without court involvement at all.

In states that allow the use of a deed of trust as opposed to a mortgage agreement, most homes are foreclosed through a process called non-judicial foreclosure. Non-judicial foreclosure, as the name implies, occurs outside of the court system, and is usually much faster and cheaper than judicial foreclosure.

How to Foreclose on a Deed of Trust Step 1 ? Notice of Default. Record a Notice of Default with the county recorder.Step 2 ? Notice of Sale.Step 3 ? Auction.Step 4 ? Obtain Possession of Property.

When a deed of trust is foreclosed by court sale, the action: Would allow the trustor a redemption period; A trustee has legally begun the process to sell property secured by a trust deed.

You can stop the foreclosure process any time by bringing your payments current all the way up until 5 days before the sale. After that, it's up to the lender to decide if they want to accept payment or continue with foreclosure. You can however, payoff the entire amount all the way up until the point of the sale.

There are several differences between a deed in lieu of foreclosure and a foreclosure. Mainly, a deed in lieu is a mutual agreement between a homeowner and their lender, while in a foreclosure, the lender involuntarily takes back the property after an extended period of nonpayment by the homeowner.

Less damage to your credit: A deed in lieu agreement stays on your credit report for 4 years while a foreclosure sticks around for 7 years. Taking a deed in lieu agreement can allow you to buy a new home sooner than if you go through a foreclosure.

Drawbacks Of A Deed In Lieu No guarantee of acceptance: Your lender isn't obligated to accept your deed in lieu of foreclosure. Your credit will still take a hit: While a deed in lieu arrangement won't harm your credit as drastically as a foreclosure, you can still expect your score to drop.

A mortgage only involves two parties ? the borrower and the lender. A deed of trust adds an additional party, a trustee, who holds the home's title until the loan is repaid. In the event of default on the loan, the trustee is responsible for starting the foreclosure process.

One downside to a deed in lieu is that you may face taxes on the amount of your forgiven debt, which the IRS considers income. The taxable amount is the total debt at the time it was forgiven minus the fair market value of the home at that time.

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Santa Maria California Deed in Lieu of Foreclosure - Individual to a Trust