Summary. Placing a mortgaged property in a trust is possible and common, although key considerations must be taken into account. Some considerations to keep in mind are mortgage payments, refinancing, and the due-on-sale clause.
Failure to follow the right procedures can change the validity of your deed. In most situations, it's essential to partner with an experienced real estate lawyer to accurately change names on property title deeds in Florida.
To change the name on a deed, you must record a new deed with Official Records to replace the deed currently on file. You can obtain a blank deed form from an office supply store. The staff in the Recording Department cannot assist you with filling out the form, as it is a legal document.
Amending a trust deed is process that should be treated as requiring careful planning, consideration and intentionality. Indeed, unintended (and undesirable) consequences can flow from a purported trust amendment that has been undertaken with such consideration, such as a resettlement of the trust.
If the deed has been recorded then you can get a copy of the deed from the county recorder of deeds. If it has not yet been recorded and it has been lost then there is no way of replacing a lost deed. A new deed would have to be prepared and signed by the grantor. Another possibility is a suit to quiet title.
Deeds of trust are the most common instrument used in the financing of real estate purchases in Alaska, Arizona, California, Colorado, the District of Columbia, Idaho, Maryland, Mississippi, Missouri, Montana, Nebraska, Nevada, North Carolina, Oregon, Tennessee, Texas, Utah, Virginia, Washington, and West Virginia, ...
Notes: Not all states recognize a Trust Deed. Use a Mortgage Deed if you live in: Connecticut, Delaware, Florida, Indiana, Iowa, Kansas, Louisiana, New Jersey, New York, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, Vermont, or Wisconsin.