This form is a deed of trust modification. It is to be entered into by a borrower, co-grantor, and the lender. The agreement modifies the mortgage or deed of trust to secure a debt described within the agreement. Other provisions include: renewal and extension of the lien, co-grantor liability, and note payment terms.
Deed Of Trust Records Foreclosure In San Diego
State:
Multi-State
County:
San Diego
Control #:
US-00183
Format:
Word;
Rich Text
Instant download
Description
Free preview
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FAQ
Recorder Offices San Diego Clerk/Recorder Main Office. County Administration Center - 1600 Pacific Highway, Suite 260, San Diego, California 92101. Mail to: San Diego Assessor/Recorder/Clerk. P.O. Box 121750, San Diego, California 92112-1750. El Cajon Branch Office. San Marcos Branch Office. Chula Vista Branch Office.
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. In this case, the County Recorder's office lists the trust's name as the property's title holder.
No, you do not need to file your living trust with any court or public agency in California. It is a private document.
While recording a deed does not affect its validity, it is extremely important to record since recordation protects the grantee. If a grantee fails to record, and another deed or any other document encumbering or affecting the title is recorded, the first grantee is in jeopardy.
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.
In California: “An unrecorded instrument is valid as between the parties thereto and those who have notice thereof.” Code § 1217 However, the absence of a recorded deed can lead to several legal and practical complications.
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.
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.