Change Deed Trust With Debt In Santa Clara

State:
Multi-State
County:
Santa Clara
Control #:
US-00183
Format:
Word; 
Rich Text
Instant download

Description

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.


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  • Preview Change or Modification Agreement of Deed of Trust
  • Preview Change or Modification Agreement of Deed of Trust
  • Preview Change or Modification Agreement of Deed of Trust
  • Preview Change or Modification Agreement of Deed of Trust
  • Preview Change or Modification Agreement of Deed of Trust
  • Preview Change or Modification Agreement of Deed of Trust

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FAQ

This process requires filing a trustee removal petition to remove the trustee. This trustee removal petition can only be filed by interested parties or parties detailed in the trust document, such as a beneficiary.

Transferring a property into a living trust does not typically affect its assessed value. In fact, California law explicitly states that property taxes will not be reassessed if a house is transferred into a revocable trust 3.

Example Scenario Obtain the Current Deed: Get a copy of your existing deed from the county recorder's office. Prepare a New Deed: Draft a grant deed transferring the property to “John Doe, as Trustee of The John Doe Living Trust, dated January 1, 2024.” Notarize the Deed: Sign the new deed before a notary public.

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.

Deed of Trust Modification means, with respect to any Deed of Trust, a modification agreement entered into between the Borrower or the Project Owner, as applicable, and the Lender, modifying the terms and conditions of the Deed of Trust in order to (i) add to the lien of the Deed of Trust Additional Lots, or (ii) make ...

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.

The only transfers that are to be made to a Revocable Living Trust are assets, not liabilities. Debt that has been incurred by the family is not transferred to the Trust; however, the provisions are included in your trust to permit the transfer of certain assets with the debt attached.

Recording a document means that it is filed with the county recorder's office and becomes a public record. In California, living trusts are not required to be recorded, nor is it recommended.

To record a deed in California, you must submit the completed deed along with the appropriate fees to the County Recorder's Office in the county where the property is located. The deed will then be officially recorded, making it a part of the public record.

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Change Deed Trust With Debt In Santa Clara