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.
It must: Be in writing. Have an amount which matches the amount on the Note(s) Have a date which matches the date on the Note(s) Have a complete legal description of the property(s) being encumbered (street address only is not sufficient)
This Deed of Trust (the “Trust Deed”) sets out the terms and conditions upon which: Settlor Name (the “Settlor”), of Settlor Address, settles that property set out in Schedule A (the “Property”) upon Trustee Name (the “Trustee”), being a Company duly registered under the laws of state with registered number ...
This Deed of Trust (the “Trust Deed”) sets out the terms and conditions upon which: Settlor Name (the “Settlor”), of Settlor Address, settles that property set out in Schedule A (the “Property”) upon Trustee Name (the “Trustee”), being a Company duly registered under the laws of state with registered number ...
In California, a deed of trust must come with security, typically a promissory note. To be valid, a deed of trust must be (1) in writing, (2) with a description of the property, and (3) signed by the trustor of the deed of trust.
Some of the most common reasons trusts are invalid include: Legal formalities were not followed when executing the trust instrument. The trust was created or modified through forgery or another type of fraud. The trust maker was not mentally competent when they created or modified the trust.
You'll find most California property deeds at the County Clerk's office, also called the Registrar/Recorder office. Some of them provide online searches. Others require visiting their offices. For example, the San Diego County Clerk's Office provides online searches.
Step-by-Step Instructions Determine the Parties to The Agreement. There will be three parties to these agreements. Prepare the Deed of Trust and Promissory Note. Get the Signatures Notarized. Record the Signed Documents at the County Recorder's Office. What Happens Next?