In California: “An unrecorded instrument is valid as between the parties thereto and those who have notice thereof.”
Ideally, an SMSF trust deed should be written in a way that doesn't require regular updating. However, the deed should be reviewed at least annually to ensure it's up to date.
A Deed to Trust form used to transfer the grantor's title and interest in real property in Pennsylvania to a trustee of a trust for the grantor's benefit. This standard document allows the drafter to choose between warranty and quitclaim deed language.
The deed of trust must then be recorded with the county where the property is located, and each of the parties (the trustor, trustee, and lender) should keep a copy of the recorded document.
Disadvantages of a Trust Deed For borrowers, if financial circumstances change, default on repayment can result in property foreclosure.
The seller's attorney will give the original deed to the buyer's attorney at closing. That original then gets recorded at the clerk's office of the local municipality. The clerk's office scans and records the document into the land records and then sends it to the buyer or their attorney.
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.
Deeds in Pennsylvania and most states are available at county courthouses. If your home is quite old, you will want to begin with the Pennsylvania State Archives' Bureau of Land Records. There is a searchable Land Records index to locate records through the 19th century.
Every trust requires a trustee. While it is possible that you serve as your own trustee for a revocable trust, generally an anonymous LLC that you own works best for privacy reasons. This way you won't have to give up control to an outside party.