Registration shall be accomplished by filing a statement indicating the name and address of the trustee in which it acknowledges the trusteeship. The statement shall indicate whether the trust has been registered elsewhere.
If your deed was recorded in the register of deeds' office, you can always obtain a copy or certified copy of your document. A certified copy is as good as an original. Refer to our homepage link, “reports/copies” for forms and fees.
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.
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.
In California: “An unrecorded instrument is valid as between the parties thereto and those who have notice thereof.”
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.
Disadvantages of a Trust Deed For borrowers, if financial circumstances change, default on repayment can result in property foreclosure.