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Confirming the Trust

Posted by Jim on December 20, 2003 at 8:07 AM

Hello Ward,

Okay, so I've done it by the numbers:
1. Certification of Trust, notarized on Tuesday.
2. Grant Deed to me signed and notarized, not recorded on Tue.
3. Grant Deed to Seller's Trust signed, notarized & recorded on Tue., paid $2,000.

4. Seller signed letters to lenders & insurance companies and mailed on Friday.
5. Assignment of Beneficial Interest signed & notarized on Fri.
6. Affidavit of Deed signed & notarized on Fri., paid $3,000.

Yesterday, the Seller received a letter from the 1st lender:
"In order to update our records to reflect the transfer of title into your trust, please forward the following items as one complete package:
* A copy of the complete or abstract of the trust document.
* A check for $45.00 representing our processing fee.
* A copy of the Recorded Deed transferring title to the trust.
* The completed trust information form (enclosed)."

(enclosure)
==============================================================
"Borrower Trust Information and Certification Form
Borrower: Jane Doe
Loan#: 123456
Property Address: 123 Main St, Anywhere, USA
Name of Trust:________
Date of Trust:________
Grantor:______________
Beneficiaries during Grantor's Lifetime:_______________
Term of Trust:___________________
Occupants of above property:_________________

I, ________, Borrower certify that the Trust is an intervivos Trust, and that I will not alienate or transfer my interest in the trust.

I, ________, Borrower certify that I will remain the beneficiaries of the Trust, and retain all beneficial interest in the trust.

I, ________, Borrower certify that there will be no transfer of occupancy rights.

By SIGNING BELOW, I certify and acknowledge that the foregoing information is true and correct."

===============================================================
Then there is a signature space and a notary block.

My question at this point is:

Do I just stonewall this request for additional certification? I have already sent copies of the Certification of Trust and Grant Deed. And the Seller has already transferred her interest in the Trust and vacated the premises. Obviously, all of the certifications on the enclosure cannot be met. To certify anyway would be outright fraud.

It would seem that the best course of action would be to proceed with the rehab and place it on the market as soon as I possibly can, correct? That is my direction at this time.

Jim


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