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The trust deed and rules set out the trustees' powers and the procedures trustees must follow. As a trustee, you must act in line with the terms of the trust deed and rules. The trust deed is a legal document that sets up and governs the scheme.
1. The deed should mention the name and address of the settlor and the name and address of the trust. 2. The deed should specify the date of establishment of the trust, the purpose of the trust and the period of its duration (if any).
Have the name of the Trustee and the name must match exactly the name of the Trustee on the Note(s) Have an address for the Trustor for mailing notices in case of default. Have a good return address for Beneficiary for mailing the document back after recording. The instrument must be signed by the Trustor and notarized.
Capp (1893) 99 Cal. 153, 157.) Next, the Statute of Frauds requires that the document be signed by the party whom the document is being enforced against. Therefore, a deed of trust needs to be signed by the trustor.
A deed of trust is an agreement between a home buyer and a lender at the closing of a property. The agreement states that the home buyer will repay the home loan and the mortgage lender will hold the property's legal title until the loan is paid in full.
While the trustee is given legal title to the trust property, in accepting title the trustee owes a number of fiduciary duties to the beneficiaries. The primary duties owed are those of loyalty, prudence and impartiality. Trustees may be held to a very high standard of care in their dealings to enforce their behavior.