The most common deed form in Arizona is the warranty deed. Warranty deeds provide protection to the buyer in the form of a warranty by the seller that guarantees no issues with the title.
In many states, lenders use conventional mortgages as the primary security document for the underlying property during a real estate transaction. However, if you are buying a home in Arizona, you are likely to use a Deed of Trust as security for the property.
The short answer to the question is: Yes, you can place your house in a Trust even if a bank holds a mortgage for it. However, you should be aware of a few “wrinkles” in how that works.
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, ...
The grantor, or the current property owner, must sign the deed in the presence of a notary public. The grantor must also formally transfer the property from their name to the trust's name. This step solidifies the legal transfer and ensures that the living trust holds the property.
Mortgage or Deed of Trust? StateMortgage StateDeed of Trust State Alabama ✅ ✅ Alaska ❌ ✅ Arizona ✅ ✅ Arkansas ✅ ✅47 more rows •
Arizona law requires notarization for the deed to be valid. File with the County Recorder: Once notarized, the quitclaim deed must be filed with the county recorder's office where the property is located. This step is crucial as it makes the deed part of the public record and completes the transfer process.
You will need to record a deed to either change the name or ownership. The deed will need to contain the complete legal description of the parcel you wish to convey. We recommend you have the deed notarized prior to recording it with the county recorder's office.