Most conveyancing solicitors do not differentiate between a deed of trust and a declaration of trust. Commonly, both terms are used to mean the same type of legal document.
Disadvantages of a Trust Deed For borrowers, if financial circumstances change, default on repayment can result in property foreclosure.
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. In addition to being either official or private, deeds are classified as general warranty, special warranty, or quitclaim.
Record the Signed Documents at the County Recorder's Office Take the original signed and notarized Deed of Trust and Promissory Note to the County Recorder's Office for the county where the property is located. In Sacramento, this is at 3636 American River Drive, Ste. 110, Sacramento CA 95864.
Where to Get a Deed of Trust? To get a Deed of Trust, you must file the proper paperwork with the proper court as generally outlined above. These documents must be filed with the county clerk or recorder, and the lender typically sends them to the recording office after the property closing.
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.
A property deed is usually one or two pages long, and the contents depend on what type of deed it is (more on that below), as well as the property type and location.
The Long Form, which could be 20-30 pages long, is the one used by institutional lenders.
The Long Form, which could be 20-30 pages long, is the one used by institutional lenders.