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Difference between an ABI and an ABT...

Posted by Ward-CA- on October 28, 2003 at 11:52 AM

In Reply to: paperwork posted by SteveG on October 28, 2003 at 1:20 AM

: Ward,

: Is the Assignment of Trust Deed and the Assignment of Beneficial Interest (ABI)synonymous? Also, what is a quick checkist of docs for a successful junior bene buyout? Thanks.
:

-=-=-=-=-=-=-=-=-=-=-=-=-

SteveG,

No, the Assignment of Deed of Trust and the Assignment of Beneficial Interest in Trust are not synonymous. I can see where it's easy to mix them up

The Assignment of Deed of Trust is used to change the beneficial interest in a recorded Deed of Trust from the current owner to a new owner. The assignment is signed in front of a notary public and recorded in the county recorder's office.

The Assignment of Beneficial Interest in Trust is used to change the holding of the beneficial interest in a trust (such as a title holding trust or land trust) from the current owner to a new owner. Though the assignment may be notarized, it is not recorded since recording it would vitiate the privacy of the new beneficiary.


The forms used to transact a junior bene buyout are as follows:

1. Assignment of Deed of Trust
2. Notice of Assignment of Deed of Trust
3. Beneficiary's Statement of Account

Optional forms:
4. Assignment of Note
5. Loan Sale Agreement
6. Transmittal Memo


Hope this helps.


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