How do trusts work? A trust is a fiduciary1 relationship in which one party (the Grantor) gives a second party2 (the Trustee) the right to hold title to property or assets for the benefit of a third party (the Beneficiary). The trustee, in turn, explains the terms and conditions of the trust to the beneficiary.
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 ...
A deed of trust will include the same type of information stated in a mortgage document, such as: The identities of the borrower, lender, and trustee. A full description of the property to be placed in trust. Any restrictions or requirements on the use of the property while it is in trust.
A trust provides a mechanism for a person (the settlor) to provide property to another person (the trustee) for the benefit of a third person (the beneficiary or beneficiaries) while imposing certain restrictions and conditions over the property. The property is held and administered by the trustee.
In California, a deed of trust must come with security, typically a promissory note. To be valid, a deed of trust must be (1) in writing, (2) with a description of the property, and (3) signed by the trustor of the deed of trust.
The short answer is that a living trust is a private document and does not need to be recorded in California. The only time a trust is in a public record is when it contains real estate.
The County Clerk as Recorder of Deeds/Official Public Records: Texas Government Code, Local Government Code, Property Code, Uniform Commercial Code, Civil Practice and Remedies Code, Business and Commercial Code.
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 ...
So, who is responsible for recording a property deed? This responsibility typically lies with your title or escrow agent. They will “record” the deed by filling out and filing your original deed in the appropriate government office in your local county.
The answer is the buyer. Who typically pays for recording fees to record the deed and deed of trust? The answer is the buyer.