Legal Question in Real Estate Law in California
I borrowed $70,000 from my parents. They are not askinig for any security although I would like to give them a lien on my home. Is there a "form" I can rather than a Deed of Trust. I would like to simply file it with the amount on it or use a witness signature rather than a notary.
2 Answers from Attorneys
A deed of trust IS the form you use to give a lien on real property for a debt. There is no other form. Also, you can't record any interest in real property without the signature being notarized.
There is a Short Form Deed of Trust. As Mr. McCormick stated, your signature would have to be notarized if you wanted it recorded. If it was recorded, it would have priority against subsequent purchasers and encumbrancers, and would give notice to third parties. I suggest at least speaking to an attorney, before you run off and try to do it yourself.
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