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In Rome, do as the Romans...

Posted by Ward-CA- on June 24, 2003 at 0:03 AM

In Reply to: Re: Trust vesting on a deed.. posted by jenv on June 23, 2003 at 6:28 PM

: Is this only in California? Mark Warda claims that you will have title problems if the deed doesn't contain:

: the powers of the trustee, such as the power to mortgage or sell
: a notice of limited liability regarding the trustee
: a provision for successor trustee (to avoid recording the trust if the trustee dies, and to avoid court activity (probate?))


Jenv,

I think it's the reverse. I think Mark Warda is writing about the requirements in Florida, not anywhere else.

I've been using the title holding trust here in CA for almost 21 years without the slightest murmur from any of the title companies involved, concerning any disclosures enumerated on the face of the deed such as Warda suggests.

Sure, all of the provisions cited in your post are covered in the Trust Agreement itself, far away from the prying eyes of the public.

Hope this helps.



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