The best way you can prevent deed fraud is to register for the Notice of Recorded Document Program. Whenever a document is recorded on your property, you will be notified. If you suspect that fraudulent documents were recorded or were recorded without authorization, you should contact the Sheriff's Office immediately.
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.
In California: “An unrecorded instrument is valid as between the parties thereto and those who have notice thereof.”
Disadvantages of a Trust Deed For borrowers, if financial circumstances change, default on repayment can result in property foreclosure.
You would have to record a new deed adding or removing the person(s) name. Because it is a legal document with legal consequences, we HIGHLY advise you work with an attorney to do so.
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.
This Deed of Trust (the “Trust Deed”) sets out the terms and conditions upon which: Settlor Name (the “Settlor”), of Settlor Address, settles that property set out in Schedule A (the “Property”) upon Trustee Name (the “Trustee”), being a Company duly registered under the laws of state with registered number ...
How to Create a Living Trust in California Take an inventory of your assets. Select your trustee. Designate your Beneficiaries. Write up your Declaration of Trust. Sign your Trust in front of a Notary Public (optional). Transfer assets and property to the Trust.
Transfer the Deed. To transfer real estate into the trust, you must prepare a new deed that transfers ownership from you to the trustee of the trust. The deed must be signed, notarized, and recorded with the county recorder's office where the property is located.
For a deed to be legal, it must state the name of the buyer and the seller, describe the property being transferred, and include the signature of the party transferring the property.