If someone added “out of trust” on a grant deed after my husband and I signed the papers and they were notarized, is there anything I can do?

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If someone added “out of trust” on a grant deed after my husband and I signed the papers and they were notarized, is there anything I can do?

I suspect this is being done at the recorder’s office as the same handwriting showed up on another grant deed we signed a few years ago under the same circumstances (refinance) where the property needs to be taken out of the trust and then put back in. We have used 2 different title companies so it is not being done in their office as the writing does not match.

Asked on August 2, 2012 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Typically when one gets a loan or a refinanced loan on real property that is in trust, the property has to be transferred to the individual "out of trust" when the trust deed attaches so that the secured lien affixes in such a state as opposed to when the property is held in trust.

From what you have written, such writing was proper. You would be free to transfer the property back in trust. I suggest that you may want to consult further with a real estate attorney about your matter.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Typically when one gets a loan or a refinanced loan on real property that is in trust, the property has to be transferred to the individual "out of trust" when the trust deed attaches so that the secured lien affixes in such a state as opposed to when the property is held in trust.

From what you have written, such writing was proper. You would be free to transfer the property back in trust. I suggest that you may want to consult further with a real estate attorney about your matter.


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