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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.
Contact the title company for a copy of the deed of trust. The title company hired at closing is commonly the trustee that holds the deed until the loan is paid in full. The title company can provide a copy of the deed and other loan documents.
Both the warranty deed and deed of trust are recorded with the county clerk or recorder. Generally, the lender sends the documents to be recorded after the closing. The recording fees are included in your closing costs. Typically, the lender will provide you with a copy of the deed of trust after the closing.
A deed of trust is a legal document that often takes the place of the traditional mortgage document. Because of legal filing requirements relating to the deed of trust, the deed of trust is a public document that anyone can get a copy of.
Sometimes you can locate the family trust name in documents under the family name in the granter/grantee index. Search the family trust name. After identifying the trust name, search for it in other documents at the clerk and recorder's office, such as in liens, mortgages, real property deeds and judgments.
If the borrower on a recorded mortgage defaults, the lender can foreclose and either be paid in full or receive the property. However, if a mortgage or deed of trust was not recorded, the lender cannot foreclose against the property, just against the defaulting borrower personally.
Using an attorney means that the trust will be completed correctly, but the associated fees can greatly increase the cost of creating a living trust. The average cost for an attorney to create your trust ranges from $1,000 to $1,500 for an individual and $1,200 to $1,500 for a couple.
Typically, professional trustees, such as banks, trust companies, and some law firms, charge between 1.0% and 1.5% of trust assets per year, depending in part on the size of the trust.
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