A Michigan deed of trust is a real estate document used in conjunction with a promissory note to place a property title in a trust until the borrower has repaid the lender in full. The arrangement involves three (3) parties: the borrower, the lender, and a trustee.
The Beneficiary of a Deed of Trust is the Lender, and the Deed serves to protect their investment. The Trustor is the borrower. While the legal title on the property is put into a Trust, as long as timely and consistent payments are made, the borrower has equitable title.
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.
Now is also a good time to decide who you want to pass your property on to after you die. Create the trust document. You can do this by yourself through an internet program or with the help of an attorney.
Use the following steps to set it up. Step 1: Choose between individual or joint trust. Step 2: Decide what property to include in the trust. Step 3: Choose a trustee. Step 4: Decide who will be the trust's beneficiaries. Step 5: Create a living trust document. Step 6: Sign the trust document in front of a notary public.
One disadvantage of placing your house in a trust is the loss of direct ownership. Transferring your property to a revocable living trust makes the trust the legal owner. While you retain control as the trustee, this change in ownership may affect your ability to mortgage or refinance the property.
Disadvantages of a Trust Deed For borrowers, if financial circumstances change, default on repayment can result in property foreclosure.
A land trust or land conservancy is a community-based, nonprofit organization that actively works to permanently conserve land. In some cases, land trusts acquire land outright. They also partner to conserve land that remains the property of willing landowners using a tool called a conservation easement.
If you have a trust in Michigan, state law provides that you can register the trust. Registering a Michigan trust is not required (except for certain charitable trusts, as discussed below). Even for non-charitable trusts, there are good reasons that a trust should be registered.