Search for: "No Trustee On Deed Of Trust"
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19 Mar 2013, 8:24 am
The deed of trust contains a "power of sale," giving the trustee the ability to foreclose. [read post]
11 Mar 2013, 3:28 pm
After the sale, the borrowers filed a lawsuit asserting, among other things, that the failure to designate a trustee in the original deed of trust was a fatal flaw and precluded any trustee's sale under the power of sale in the deed of trust. [read post]
7 Aug 2023, 1:04 am
The variation of the trust deed could only be effected by named trustees acting in their capacity as trustees. [read post]
20 Dec 2015, 8:34 am
Let’s read it together:(1) Every deed or conveyance of real estate heretofore or hereafter made or executed in which the words “trustee” or “as trustee” are added to the name of the grantee, and in which no beneficiaries are named, the nature and purposes of the trust, if any, are not set forth, and the trust is not identified by title or date, shall grant and is hereby declared to have granted a fee simple estate with… [read post]
10 Feb 2023, 9:00 am
A deed of trust is a deed that transfers a legal interest in a piece of real property owned by the lendee to the lender, or trustee, in order to secure the debt owed on the loan. [read post]
14 Aug 2012, 7:20 am
The problem is since the note and deed of trust are not in the trust the surviving family members, the successor trustees, do not have the legal authority to initiate foreclosure. [read post]
7 Dec 2022, 9:29 am
The deed will transfer title from you as an individual to you as trustee of your trust. [read post]
18 May 2016, 4:02 pm
Court of Appeals for the Sixth Circuit recently held that two borrowers lacked standing to challenge the validity of a deed of trust in a lien priority dispute interpleader action filed by the foreclosure trustee, as the borrowers did not dispute that they executed the deed of trust, the lien placed on the […]Stuart Miles [read post]
27 Jun 2008, 3:11 pm
Whether, under Florida Statutes section 689.07(1) as it existed before its 2004 amendment, this Deed--which is a recorded real estate conveyance deed to a named trustee of a private express trust identified in the deed by name and date, and contains other language referring to the unrecorded trust agreement, the settlors, and the beneficiaries--conveys only legal title to the property in trust to the grantee as trustee. [read post]
4 Oct 2023, 8:00 am
” The “other than in trust” portion of the statute refers only to express trusts, however, because “under a deed of trust the trustee obtains none of the incidents of ownership, other than the right to convey upon default. [read post]
17 Jan 2018, 7:56 am
If the owner defaults on the loan, the beneficiary (lender) may then conduct a trustee’s sale. [read post]
4 Feb 2016, 8:37 am
Statute specifies who can serve as a Trustee under a Deed of Trust, and it is generally a title company, escrow company or attorney. [read post]
17 Feb 2012, 5:19 pm
Circuit Court of Appeals upheld a ruling allowing a trustee to avoid a lien on a North Carolina property whose deed of trust was never properly recorded. [read post]
1 Jul 2014, 2:19 pm
The changes now mean your benefits will be safe, and it is only any money you earn over and above that amount that can be used to repay your Trust Deed agreement.More value from your Trustee: In the past, trustees have been allowed to charge hourly rates for the work they do in managing your Deed. [read post]
14 Sep 2016, 7:19 am
The bank foreclosed by trustee’s sale on the senior deed of trust, then sued the borrower on the 2nd note and deed of trust. the court concluded that, where a creditor makes two successive loans secured by separate deeds of trust on the same real property and forecloses under its senior deed of trust’s power of sale, thereby eliminating the security for its junior deed of trust, section… [read post]
14 Sep 2016, 7:19 am
The bank foreclosed by trustee’s sale on the senior deed of trust, then sued the borrower on the 2nd note and deed of trust. the court concluded that, where a creditor makes two successive loans secured by separate deeds of trust on the same real property and forecloses under its senior deed of trust’s power of sale, thereby eliminating the security for its junior deed of trust, section… [read post]
14 Dec 2016, 4:23 pm
For the March 2013 deed, Richard transferred a property interest from a trust that no longer existed and was never a trustee of said trust. [read post]
26 Jun 2008, 3:14 pm
Prior state law provided that a deed that simply added the words "trustee" or "as trustee" to the name of the grantee conveyed to the grantee a fee simple estate unless the contrary intention appeared on the face of the... [read post]
17 May 2011, 7:24 am
In order to create a life interest in real property at death via trust, the owner of real property transfers the property to a trust for which he/she would be both the trustee and beneficiary, the life tenant would be the successor trustee and contingent beneficiary, and a second successor trustee and second contingent beneficiary would also be specified. [read post]
28 Feb 2024, 1:31 am
” What the donor and the trustees did after the execution of the trust deed was not relevant to that intention. [read post]
