Deeds Of Trust For Sale In Phoenix
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FAQ
In Arizona, trusts generally do not need to be recorded. The trust document itself is a private agreement that can remain confidential, which is often one of its main advantages. However, if you choose to record your trust for any reason, you can do so at your county recorder's office.
Yes, a trustee can go to jail for stealing from a trust. However, this will only occur if they are convicted of a crime in a criminal court. Under California law, stealing trust assets with a value of $950 or less is a misdemeanor with a maximum jail sentence of 6 months.
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.
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.
You will usually be discharged after four years, but some trust deeds can last for longer. This information will be included in the terms of the trust deed. If the trust deed does not become protected, your discharge will only be binding on those creditors who agreed to the arrangement.
A deed of trust is drawn up by joint buyers if they want to divide the ownership of a property in a way that is not a simple 50/50 split. It is a legal agreement that reflects each owner's financial contribution, and offers security to joint owners of a property if their circumstances change.
"Trust deed" or "deed of trust" means a deed executed in conformity with this chapter and conveying trust property to a trustee or trustees qualified under section 33-803 to secure the performance of a contract or contracts, other than a trust deed which encumbers in whole or in part trust property located in Arizona ...
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.
Summary. Placing a mortgaged property in a trust is possible and common, although key considerations must be taken into account. Some considerations to keep in mind are mortgage payments, refinancing, and the due-on-sale clause.
