And if someone wants to put you on their deed, they must tell you — not surprise you. Otherwise, you could lose the property over a court challenge that you never acknowledged receipt of the deed during the transferor's life.
In real estate law, "assignment" is simply the transfer of a deed of trust from one party to another.
To change the trust deed itself, you will need what's called a deed of variation. If this is not handled correctly, you may end up “resettling” the trust, which means you have created a new trust out of the old one.
When the trust owner dies, the trustee can transfer property out of the trust by using a quitclaim or grant deed transferring ownership of the property to the beneficiary. Here are details on the process and what to do with the inherited property if you're the beneficiary. Estate planning is a complex process.
If you borrow from the seller of the property or another private party, you and the lender need to agree upon a third-party trustee. As with a commercial lender, you may be able to use a title company, escrow agent, real estate broker, or attorney for this purpose.
A: In California, you can add a family member to a deed under joint ownership, and subsequently transfer your portion of the ownership into a living trust. To add a family member to the deed, you would typically use a grant deed or a quitclaim deed.
Yes, you can sell a home with a Deed of Trust. However, just like a mortgage, if you're selling the home for less than you owe on it, you'll need approval from the lender.
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.
To change the trust deed itself, you must execute a deed of variation. This is a document that updates the relevant section of the original trust deed. The deed of variation forms part of the documentation of your discretionary trust and details how the trust deed has been changed over time.