Under a deed of trust, the grantor agrees to the trustee's power of sale; that is, the right to a “non-judicial foreclosure” if they default on payments. This type of foreclosure process exempts the beneficiary from requiring the court's approval to sell the property.
The biggest difference between a deed and a title is physical: a deed is an official written document declaring a person's legal ownership of a property, while a title refers to the intangible concept of ownership rights.
Create the trust document. You can get help from an attorney or use WillMaker & Trust (see below). Sign the document in front of a notary public. Change the title of any trust property that has a title document—such as your house or car—to reflect that you now own the property as trustee of the trust.
Under a deed of trust, the grantor agrees to the trustee's power of sale; that is, the right to a “non-judicial foreclosure” if they default on payments. This type of foreclosure process exempts the beneficiary from requiring the court's approval to sell the property.
If you're lucky, your county might even provide a self-service official records search site. From here, you may be able to look up your property, locate the deed, and download a copy of your deed onto the computer. Be prepared to provide the owner's name, property street address, and parcel number if you have it.
You can search for property records and property ownership information online, in person, or over the phone with a 311 representative. Property owners of all boroughs except Staten Island can visit ACRIS. To search documents for Staten Island property, visit the Richmond County Clerk's website.
The deed, when recorded, became a permanent part of the County property records. If you should lose your original deed, you may obtain a certified copy of your deed from the County Recorder in which the land is located. A county certified copy can be used in the place of the original.
Facilities for researching official records and maps are available at the Santa Clara County Clerk-Recorder's office main office. Note that document contents may only be viewed at the main office, not on-line.
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.
The settlor decides how the assets in a trust should be used – this is usually set out in a document called the 'trust deed'. Sometimes the settlor can also benefit from the assets in a trust – this is called a 'settlor-interested' trust and has special tax rules.