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A Deed of Trust is essentially an agreement between a lender and a borrower to give the property to a neutral third party who will serve as a trustee. The trustee holds the property until the borrower pays off the debt. The note lays out all the terms of the loan (repayment, interest, penalties, etc.).
Notice should be mailed to all of at Trust's beneficiaries and other interested parties within ninety (90) days of the Decedent's date of death. Such beneficiaries and other interested parties then have only one hundred twenty (120) days for such mailing to bring an action to contest the validity of the Trust.
Nevada's Uniform Real Property Transfer on Death Act (URPTDA) governs TOD deeds in Nevada. The statute calls TOD deeds deeds upon death,2 and the property owner is called the grantor. A TOD deed's beneficiary?that is, the person who ultimately receives the property?can be one or more individuals or entities.
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.
Under Nevada trust law, any individual may create a legally valid trust where they act as both the settlor and the beneficiary of the trust. The settlor may also serve as the trustee. This allows the settlor to maintain control of the assets held in the trust.
Also, the statute of limitations on a contract is 6 years on a ?contract, obligation or liability founded upon an instrument in writing: NRS 11.190(1)(b). However, the statute of limitations on a mortgage or deed of trust is 10 years. NRS 106.240.
A mortgage involves only two parties: the borrower and the lender. A deed of trust has a borrower, lender and a ?trustee.? The trustee is a neutral third party that holds the title to a property until the loan is completely paid off by the borrower.