A Grant Deed is an instrument that reflects a change in ownership of real property. A Deed of Trust is an instrument that secures a debt to real property.
The two main differences between a mortgage and a deed of trust are: a mortgage involves two parties, while a deed of trust has three, and. mortgages are usually foreclosed judicially, while deeds of trust typically go through a nonjudicial foreclosure process (but not always).
California is a Deed of Trust state.
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.
“You'll need to file a quit claim deed and a change of ownership form that transfers title from your name to the trust," said Banuelos. “If you own several commercial investment properties, you might own each of the properties through an individual LLC to limit your liability.
The trustee must register the trust by filing with the clerk of the court in any county where venue lies for the trust under RCW 11.96A.
A trust is generally not an entity that can hold title in its own name. Instead title is often vested in the trustee of the trust. For example: Bruce Buyer trustee of the Buyer Family 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. Update the property records to show that the trust is now the legal owner.
To transfer real property into your Trust, a new deed reflecting the name of the Trust must be executed, notarized and recorded with the County Recorder in the County where the property is located. Care must be taken that the exact legal description in the existing deed appears on the new deed.