Legal Question in Real Estate Law in California

In California for a new Deed of Trust, can the Trustee be the same entity as the Beneficiary?


Asked on 10/04/11, 9:02 am

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

Yes.

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Answered on 10/04/11, 9:05 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

A beneficiary may also be the trustee (More v. Calkins (1892) 95 Cal. 435), or may have one of its employees act as trustee (Witter v. Bank of Milpitas (1928) 204 Cal. 570). This is generally considered inadvisable because the roles are different and may conflict.

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Answered on 10/04/11, 9:55 am


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