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Change to counter lender moves -- I'm still confused

Posted by James-CA on September 26, 2003 at 11:20 AM

Ward,

This is where I am confused with the implementing THT to avoid the due on sale clause from the lender. I understand that we are going to create the trust with the homeowner as beneficiary, trustee and surname (i.e., Harrison as Trustee of the Harrison Trust) because of the Wells Fargo form letter, but to complete all of the documents, don't we have to see the owners 4 times instead of 3?

First visit:

Signing of the EPA

Second visit: (5 days later)

40% installment
Grand Deed transferring into THT signed
Declaration of Trust signed
Certification of Trust signed

Third visit:

60% installment
Assignment of Beneficial Interest signed
Grand Deed for Successor Trustee (to me) signed
Deed of Trust signed

When is the Affidavit of Deed signed? Normally, I know it would be on the 3rd visit but since we have this extra step to avoid the due on sale clause because of the Wells Fargo form letter, doesn't that lead to a 4th visit with a 3rd different notary to make sure it is signed on a date after the deed transfers ownership to me?


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