Debtor is obligated to pay the secured party attorneys fees. In consideration of the indebtedness, debtor conveys and warrants to trustee certain property described in the land deed of trust.
Debtor is obligated to pay the secured party attorneys fees. In consideration of the indebtedness, debtor conveys and warrants to trustee certain property described in the land deed of trust.
In many states, lenders use conventional mortgages as the primary security document for the underlying property during a real estate transaction. However, if you are buying a home in Arizona, you are likely to use a Deed of Trust as security for the property.
There are several ways to get an Arizona beneficiary deed. You could draft the document yourself following Arizona state guidelines and submit it to the correct county office. There are also online services that you can use to complete the deed and submit it on your own once it is notarized.
Unless you have a complex situation or have specific concerns, you likely won't need a lawyer to create a TOD deed. But you will need to make sure that the TOD deed you make is valid in your state, since each state's rules are a little different.
You can obtain one from an online search for “Beneficiary Deed” or “Transfer on Death Deed” or often from the same Recorder's Office that holds copies of the deeds. Ensure that you find one for the state where the property is located. Complete the form, being specific about the beneficiaries.
Where to Get a Deed of Trust? To get a Deed of Trust, you must file the proper paperwork with the proper court as generally outlined above. These documents must be filed with the county clerk or recorder, and the lender typically sends them to the recording office after the property closing.
In Arizona, deeds need to be signed, sealed and delivered to be valid. A deed is signed only by the grantor(s), not the grantee. A deed does not have to be recorded to be valid, but recording is very common.
BENEFICIARY DEEDS §33-405 (statute includes a sample form) available from the Arizona Legislature Website.
Such unrecorded instruments, as between the parties and their heirs, and as to all subsequent purchasers with notice thereof, or without valuable consideration, shall be valid and binding.
"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 ...
In Arizona, deeds need to be signed, sealed and delivered to be valid. A deed is signed only by the grantor(s), not the grantee. A deed does not have to be recorded to be valid, but recording is very common.