Here is the rough outline: Select the trust that is best suited to your needs, such as a revocable living trust. Draft a trust deed and have it notarized so that it is legally binding. Record the deed at the county recorder's office. Notify the relevant parties, such as your mortgage lender and insurance provider.
Record the Signed Documents at the County Recorder's Office Take the original signed and notarized Deed of Trust and Promissory Note to the County Recorder's Office for the county where the property is located. In Sacramento, this is at 3636 American River Drive, Ste. 110, Sacramento CA 95864.
Any time owners make a change to the title of real estate, they must record a deed with the County Recorder. This Step-by-Step guide outlines the requirements and provides samples with instructions.
There are two main reasons a deed of trust may be considered invalid: (1) lack of required formalities in executing the deed of trust, or (2) there is some fact outside execution that makes the deed of trust invalid.
The short answer is that a living trust is a private document and does not need to be recorded in California. The only time a trust is in a public record is when it contains real estate.
Fortunately, when you create a living trust in California, you do not need to record the document with the county or state. Establishing a revocable trust protects your assets and maintains your privacy.
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 ...
The deed of trust must then be recorded with the county where the property is located, and each of the parties (the trustor, trustee, and lender) should keep a copy of the recorded document.
The Short Form is the one that is most widely used by private party lenders. The reason it is “Short” is because the clauses and conditions that appear as standard in the Long Form are incorporated in one document and recorded in all the California counties.