Change Deed To Trust In Wayne
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Summary. Placing a mortgaged property in a trust is possible and common, although key considerations must be taken into account. Some considerations to keep in mind are mortgage payments, refinancing, and the due-on-sale clause.
Amending a trust deed is process that should be treated as requiring careful planning, consideration and intentionality. Indeed, unintended (and undesirable) consequences can flow from a purported trust amendment that has been undertaken with such consideration, such as a resettlement of the trust.
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.
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.
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.
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.
Sign and date the quitclaim deed in a notary's presence, then file it with the county Register of Deeds Office in the property's county, not the county where you live. Once the deed is filed and recorded, the transfer is deemed legal.
