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Here is a partial list of reasons to invalidate a Trust. Substance abuse which calls into question their capacity to create a legal binding document. Needs two witnesses who were present at the signing. There are times when a Trustor was married and later divorced and has a Trust.
The Trust Was Created or Modified Under Undue Influence, Duress, or Coercion. Another common condition that invalidates a trust is when the settlor created or modified the instrument under undue influence, duress, or coercion.
When is a Deed of Trust Invalid? There are two main reasons a deed of trust may be considered invalid: (1) lack of required formalities in executing the deed of trust, or (2) there is some fact outside execution that makes the deed of trust invalid.
California Civil Code §882.020 provides that a DOT has a statute of limitations of 60 years following the DOT's recording if the DOT neither includes a copy of an underlying promissory note nor indicates the date the obligation matured. Otherwise, the statute of limitations is 10 years from the maturity date.
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 600 8th Street downtown.
The California Civil code states that a contract may be rescinded if it ?was given by mistake, or obtained through duress, menace, fraud, or undue influence, exercised by or with the connivance of the party as to whom he rescinds, or of any other party to the contract jointly interested with such party.? (Civ.