Legal Question in Real Estate Law in California

transfer of grant deed

As deceased mothers trustee of living trust How do I go about ,transfering grant deed to home in the first stage of forclosure so that I may sell property


Asked on 6/25/09, 6:17 pm

1 Answer from Attorneys

Phunphilas Viravan Law Offices of Phunphilas Viravan

Re: transfer of grant deed

If I understand you correctly, you are the trustee of your deceased mother's trust. The trust owns a real property that is in foreclosure. (i.e., title is held by XX, Trustee for the YY Trust)

If the title says you are trustee (i.e., XX = your name), then you have to power to sell already (if trust gives you this power).

If title has Mom as Trustee (i.e., XX = Mom's name), you have to record an Affidavit of Change of Trustee.

If title is still held in your Mom's name (and not in Trust), then that is a more complicated issue, but it can still be put in Trust, if Schedule A lists the real property in Trust, but you'll have to go to court to get the property put in trust.

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Answered on 6/26/09, 4:56 pm


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