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A deed of trust acts as an agreement between youthe homebuyerand your lender. It states not just that you'll repay the loan, but that a third party called the trustee will hold legal title to the property until you do. A deed of trust is the security for your loan, and it's recorded in the public records.
Most states that use deeds of trust to secure home loans are title theory states.A few deed of trust states include West Virginia, Alaska, Virginia, Arizona, Texas, California, North Carolina, Colorado, New Mexico, Idaho, Montana, Illinois, Missouri and Mississippi.
Trusts aren't recorded anywhere, so you can't go to the County Recorder's office in the courthouse to ask to see a copy of the trust. However, if real estate is involved, the trust may be recorded in the local office of the county clerk.
Registration of a living trust doesn't give the court any power over the administration of the trust, unless there's a dispute.To register a revocable living trust, the trustee must file a statement with the court where the trustee resides or keeps trust records.
Trusts are private documents and they typically remain private even after someone dies. The only way to obtain a copy of the Trust is to demand a copy from the Trustee (or whoever has a copy of the documents, if not the Trustee).
A trust deedalso known as a deed of trustis a document sometimes used in real estate transactions in the U.S. It is a document that comes into play when one party has taken out a loan from another party to purchase a property.
Unlike a will, the contents of a living trust are not a matter of public record. Like most court records, probate files are open to the public.
(a) The transfer of real property to a trust requires a transfer of legal title to the trustee evidenced by a written instrument of conveyance and acceptance by the trustee.
In California, a trust does not have to be recorded to be legal unless it holds title on real estate. If a trust does not hold title on real estate property, all assets held in the name of the trust are kept private. The trustee maintains a record of all trust property in a trust portfolio.