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 ...
If the title stays with the borrower this is the definition of Lien Theory and results in a non-judicial foreclosure with the Power of Sale being entrusted to a Trustee and not the lender. In a Judicial/Mortgage foreclosure, the Title is held by the lender. Utah is known as a Trust Deed and Promissory Note state.
Disadvantages of a Trust Deed For borrowers, if financial circumstances change, default on repayment can result in property foreclosure.
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: “An unrecorded instrument is valid as between the parties thereto and those who have notice thereof.”
Ideally, an SMSF trust deed should be written in a way that doesn't require regular updating. However, the deed should be reviewed at least annually to ensure it's up to date.
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.
You transfer your home to the trust by signing a deed that names the trust as the new owner of the property. The deed then needs to be recorded with the local county recorder's office. Once recorded, the trust is now "on title" as the legal owner of the property.