Deed Of Trust Records Without Promissory Note In California
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FAQ
At its most basic, a promissory note is simply a contract. As such, it needs to have certain sections to ensure all parties are fully protected and treated fairly. Common sections of a promissory note include: Contact information for the borrower and the lender.
Example: When used in a real estate transaction, the promissory note covers the promise to repay the amount owed, interest, and maturity date — while the deed of trust or mortgage outlines the other responsibilities of the parties involved more precisely.
Some of the most common reasons trusts are invalid include: Legal formalities were not followed when executing the trust instrument. The trust was created or modified through forgery or another type of fraud. The trust maker was not mentally competent when they created or modified the trust.
It must: Be in writing. Have an amount which matches the amount on the Note(s) Have a date which matches the date on the Note(s) Have a complete legal description of the property(s) being encumbered (street address only is not sufficient)
In California, there are three steps to getting a copy of a trust document: Make a written demand for a copy of the Trust and its amendments, if any; Wait 60 days; and. If you do not receive a copy of the Trust within 60 days of making your written demand, file a petition with the probate court.
You'll find most California property deeds at the County Clerk's office, also called the Registrar/Recorder office. Some of them provide online searches. Others require visiting their offices. For example, the San Diego County Clerk's Office provides online searches.
Unless the trust is revocable by someone else (like a revocable living trust while the settlor is still alive), the beneficiary has the following rights, in addition to any rights listed in the trust: The right to receive notice of the existence of the trust. The right to receive a copy of the trust.
Property ownership information can be requested from the County Registrar-Recorder/County Clerk. For more information, please visit their website to Request a Real Estate Record.
